Identifier
Created
Classification
Origin
09STATE52684
2009-05-22 13:19:00
CONFIDENTIAL
Secretary of State
Cable title:  

UNSC SOMALIA SANCTIONS COMMITTEE: BIOIDENTIFIERS

Tags:  EFIN ETTC KTFN PREL PTER XW UNSC 
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VZCZCXYZ0012
OO RUEHWEB

DE RUEHC #2684 1421333
ZNY CCCCC ZZH
O R 221319Z MAY 09
FM SECSTATE WASHDC
TO RUEHFR/AMEMBASSY PARIS IMMEDIATE 0000
RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
INFO RUEHBS/USEU BRUSSELS
RUEHDS/AMEMBASSY ADDIS ABABA 0000
RUEHDJ/AMEMBASSY DJIBOUTI 0000
RUEHLO/AMEMBASSY LONDON 0000
RUEHNR/AMEMBASSY NAIROBI 0000
RUEHOT/AMEMBASSY OTTAWA 0000
RUEATRS/TREASURY DEPT WASHINGTON DC 0000
RHEHNSC/NSC WASHINGTON DC 0000
C O N F I D E N T I A L STATE 052684 

SIPDIS

E.O. 12958: DECL: 05/20/2034
TAGS: EFIN ETTC KTFN PREL PTER XW UNSC
SUBJECT: UNSC SOMALIA SANCTIONS COMMITTEE: BIOIDENTIFIERS
FOR FRENCH TARGETS

REF: A. PARIS 681

B. STATE 49092

C. USUN 475

D. USEU BRUSSELS 616

E. USEU BRUSSELS 517

F. USUN 28

Classified By: IO A/S ESTHER BRIMMER FOR REASONS 1.4 (B) & (D)

C O N F I D E N T I A L STATE 052684

SIPDIS

E.O. 12958: DECL: 05/20/2034
TAGS: EFIN ETTC KTFN PREL PTER XW UNSC
SUBJECT: UNSC SOMALIA SANCTIONS COMMITTEE: BIOIDENTIFIERS
FOR FRENCH TARGETS

REF: A. PARIS 681

B. STATE 49092

C. USUN 475

D. USEU BRUSSELS 616

E. USEU BRUSSELS 517

F. USUN 28

Classified By: IO A/S ESTHER BRIMMER FOR REASONS 1.4 (B) & (D)


1. (U) This is an action request; please see para 3.

--------------
STRATEGIC OBJECTIVES
--------------

2. (U) The strategic objective is to reaffirm to France that
the United States can only support UN sanctions against those
targets for which we have sufficient unclassified
bio-identifiers and unclassified information demonstrating
the individual or entity meets the designation criteria.

--------------
ACTION REQUEST
--------------

3. (U) USUN and Embassy Paris are requested to inform the
French that the United States, like the French, considers
fairness and transparency to be of utmost importance in
imposing targeted sanctions. We can only implement such
sanctions domestically, and hence can only agree to UN
designation, when there are adequate unclassified
bio-identifiers (see para 8 below) for the U.S. and other UN
Member States to be able to implement the sanctions as well
as unclassified information demonstrating the target meets
the criteria for designation (see para 9 below). While the
U.S. does not object to the French sharing their list of
targets with the UNSC Somalia Sanctions Committee's
Monitoring Group, this does not mean we agree to these
targets being designated absent additional information.
Additionally, we request the French share their list with
other relevant countries, i.e., Djibouti for Djebruah, Canada
for Aburashid Abdulahi Abduli, and Ethiopia for Mohamed Abdi
Afweyne, to see if those countries can provide additional
bio-identifiers, e.g., passport numbers. We welcome further
discussions in New York with France and the UK to develop an
agreed P-3 list of targets to submit to the Somalia Sanctions
Committee. However, the work of assembling adequate
supporting information (including bio-identifiers) must take
place in capitals.


--------------
BACKGROUND
--------------

4. (U) The UN Security Council Committee established pursuant
to resolution 751 (1992) concerning Somalia ("the Committee")
was initially established to oversee implementation of the
general and complete arms embargo. On 20 November 2008, the
Security Council adopted resolution 1844 authorizing the
Committee to designate for an asset freeze, travel ban, and
targeted arms embargo those individuals and entities
threatening the peace, security, or stability of Somalia;
violating the arms embargo; or obstructing delivery, access,
or distribution of humanitarian assistance. The Committee
has not yet designated any individuals or entities.


5. (SBU) Many in the international community have recently
expressed concerns regarding the legitimacy and effectiveness
of UN sanctions, highlighted by numerous European Union
judicial challenges; questions about the fairness, weak
coordination, and follow-through on implementation; and
lingering misperceptions about the humanitarian impact of
sanctions (reftels D, E, and F). Targeted sanctions should
be implemented as fairly and transparently as possible, and
each listing should be supported by adequate bio-identifiers
and information demonstrating that the listing meets the
designation criteria in order to avoid further criticism and
lawsuits.


6. (C/REL FRANCE) The French UN Mission shared with USUN the
list in para 10 of fourteen individuals linked to piracy whom
France would like designated by the Committee for having
violated the Somalia arms embargo and/or impeded the delivery
of humanitarian assistance (reftel C). All of the
individuals on this list are in some way connected to
abductions or attacks on French ships. Per the French UN
Mission's request, the United States will keep this list
confidential on a bilateral basis. The U.S. requested the
French provide additional bio-identifiers and information
demonstrating that each target they proposed meets the
designation criteria (reftel B). France has not provided
additional information, but requests the U.S. agree to the
French proposing these fourteen targets for designation in
the UNSC Somalia Sanctions Committee (reftel A).


7. (C/REL FRANCE) The U.S. will object to any request for a
listing under UNSC resolution 1844 (2008) that lacks basic
bio-identifier information because banks and others cannot
implement an asset freeze without such information. We
cannot agree to designations unless we are confident that we
can implement them. We want to support the French efforts to
list viable targets in the UNSC Somalia Sanctions Committee,
but insufficient bio-identifiers is not a problem we can
overlook to reach P-3 unanimity. We also need to be sure
there is sufficient unclassified supporting information to
explain how the activities of the targets meet the criteria
for listing. Without a clearly laid out, well-documented
case, we will run afoul of critics of UN sanctions regimes
who claim that sanctions are imposed in a non-transparent
fashion and cannot be effectively implemented by Member
States. The French indicated in Paris that they would like
the P-3 coordination of targets to occur between our UN
Missions in New York. It is appropriate for discussions on
the target list to occur in New York; however, the work of
assembling adequate supporting information (including
bio-identifiers) must take place in capitals.

--------------
BIO-IDENTIFIERS
--------------

8. (U) Posts are to request as much of the following
UNCLASSIFIED information as can be provided (date of birth
being the most critical). If exact information is not
available, please request that France provide whatever
information is available (for example, years of birth and
current believed locations would be useful, even if specific
dates of birth and addresses are not available):
- Full name
- Aliases and AKAs
- Passport number(s) or National Identification Number
and country of issuance
- Citizenship
- Date of Birth (ideally, a precise date; if not, the
year of birth)
- Place of birth
- Current location
- Professional title

--------------
DESIGNATION CRITERIA
--------------

9. (U) Operative paragraph 8 of UNSC resolution 1844 decided
the asset freeze, travel ban, and targeted arms embargo would
apply to individuals and entities designated by the Committee:
(a) as engaging in or providing support for acts that
threaten the peace, security or stability of Somalia,
including acts that threaten the Djibouti Agreement of 18
August 2008 or the political process, or threaten the
Transitional Federal Institutions (TFIs) or the African Union
Mission in Somalia (AMISOM) by force;
(b) as having acted in violation of the general and
complete arms embargo;
(c) as obstructing the delivery of humanitarian
assistance to Somalia, or access to, or distribution of,
humanitarian assistance in Somalia.

--------------
INDIVIDUALS
--------------

10. (C/REL FRANCE) Posts should express appreciation for the
information the French UN Mission in New York provided USUN
(repeated verbatim below) and request all available
bio-identifier information on each target (see para 8 above)
and information demonstrating that each target meets the
designation criteria (see para 9 above). While clan
affiliation is important identifying information in Somalia,
it will not likely suffice on its own without additional
bio-identifiers to ensure fair and transparent application of
the sanctions.


1. Abdi Mohamed Mahamoud Hussein, aka Mohamed Garad -
former leader of the "Somali Marines", from the Issa Mohamud
under clan, one of the main supporters of piracy and
investors, implicated in the hijacking of a least 4 ships,
"BBC Trinidad," "Iran Deyanat", "Stella Maris" and Bunga
Melati Dua". May have taken part in the capture of other
ships such as "Irene and "Bright Ruby"; came on board of the
Ukrainian ship MV Faina in November 2008 to try to buy some
of the armament that was in the ship.


2. Abdiqafar Abdi Hussein, aka Hukun - one of the
alleged financiers of the capture of the Sirius Star, and one
of those who supported the hijacking of the "Ponant" ship in
April 2008. He has become one of the main organizers of
pirate attacks in the Garacad region.


3. Shire Haji Youssouf - works for the Department of
Ports and Fishing in Caluula, officer of the Criminal
Investigation Department for the Bari region, financier of
groups of pirates in Puntland. He is the husband of the
daughter of the sister of former President of Puntland Adde
Muse, who protects him.


4. Djebruah - alleged financier of the attack against
the ship "Ponant". Travels a lot (would have been in
Djibouti in April 2008),recruiting officer of young pirates
with Aburashid Abdulahi Abduli, provides vehicles, ships, and
weapons.


5. Aburashid Abdulahi Abduli, aka Boyah - a member of
the darod majertine issa Mahamud clan, implicated in the
hijacking of the "Ponant" ship. He travels with a Canadian
passport. He would be linked to the group of Mohamed Garad.
Was in jail in Puntland, but was freed thanks to his
supporters in the Puntland administration.


6. Osman Youssouf - leader of the group of the Bari
region. He is one of the influential members of the Darod
Majertine clan, and the elder son of Adiaziz Aw Youssouf, aka
Abdiaziz Harin, mayor of Jarrban. He is directly responsible
for the abductions of French journalist Gwen Legouil on 16
December 2007, of the NGO humanitarian workers of Medicine
Sans Frontiere on 26 December 2007 and of a German citizen in
Boosaso on 21 September 2008.


7. Abshir Ato, from the Darod Siwaq-roon clan -
implicated in the hijacking of the ships Carre d'As and
Yenegoa Ocean. He was arrested by Puntland police, but freed
by his protectors.


8. Munye Said Omar - Member of the Parliament of
Somalia, leader of the firm "Shifco", owner of several ships
active in Aden, alleged partner in business operations with
the son of Yemeni President Ali Abdallah Saleh. Would
provide some ships to pirates, and terrorize fishermen to
keep the monopoly of the exploitation of the fishing
resources of Somalia. Actively supported the candidature of
former Somali President Abdullah Youssouf Ahmed and received
in return the ability to use the ships belonging to the
Somali State.


9. Sheikh Salad Isse - from the Hawiye Haber Gidir
Suleiman clan. Allegedly supports and finances the
activities of pirates in Xarardheere. Important businessman,
illegally exports coal from Kismayo, Mogadishu and Hobyo.


10. Mohamed Aw Jamal - allegedly one of the investors
implicated in the capture of the Carre d'As ship.


11. Mohamed Abdi Afweyne - from the Hawiye Haber Gidir
clan, native of Adado. Member of a group in Xarardheere
implicated in several hijackings and attacks of pirates,
leader of the Somali Marines before Mohamed Garad. He has
officially switched now to business and travels to Djibouti.
Travels with an Ethiopian passport and may have brought some
finds in this country.


12. Mrs. Asha Ali Jawanieh - from the Darod Ali
Suleiman clan, lives in Bossaso. She is allegedly involved
in the illegal crossing of migrants, as well as other illegal
activities with Yemen. She is a recruiting officer of
pirates.


13. Ali Omar Abderahman, aka Ali Horhore - from the
Darod Dishishe clan. He is allegedly the main support of a
group arrested by French forces and handed over to Puntland
authorities on 23 October 2008. He is presumably involved in
several recently hijackings, and in the trafficking of
migrants, drugs, and smuggling.


14. Fouad Hanano - from the Darod Warsangeli clan,
implicated in the abduction of the German couple of the
"Rockall Berlin" in June 2008. He leads more or less 50
pirates. He is based in Somaliland.

--------------
REPORTING DEADLINE AND POC
--------------

11. (U) Posts are requested to respond by 27 May. Point of
contact in IO's Office of Peacekeeping, Sanctions, and
Counterterrorism is Jean Clark (202.736.7736;
clarkjt@state.sgov.gov).


12. (U) Department appreciates Posts' efforts.
CLINTON