DEMARCHE TO ELECTED SECURITY COUNCIL MEMBERS IN

UNCLAS SECTION 01 OF 05 STATE 060616

SIPDIS

E.O. 12958: N/A
TAGS: PARM UNSC KN
SUBJECT: DEMARCHE TO ELECTED SECURITY COUNCIL MEMBERS IN
SUPPORT OF DRAFT RESOLUTION ON THE DPRK


1. (U) Chiefs of Mission are requested to make a demarche,
drawing on the points in paragraph 2 below, at the highest
appropriate level, to seek host countries, support for a
draft resolution in the UN Security Council that would impose
a series of measures in North Korea in response to its
declared nuclear test of May 25. The United States, on
behalf of the five permanent members of the UN Security
Council as well as Japan and South Korea, introduced the
resolution June 10. Expert-level consultations have been
taking place in New York since that time. The P-5 plus Japan
and South Korea have finalized the text ("put it in blue" in
UN parlance) on Thursday, June 11, and schedule a vote on the
morning of Friday, June 12. In Council consultations on June
10, some elected members of the Council complained that they
had not been included in the drafting and had inadequate time
to review the text. The latest text before the Council is
included below, purely for purposes of background for posts.
Because of the extreme urgency of the DPRK issue, it is
necessary to move forward on such an accelerated timeframe.


2. (U) Points to raise:

-We urge your country and your mission in New York to support
the swift adoption of a UNSC resolution concerning the threat
of nuclear proliferation in North Korea. The resolution will
likely be before the Council for final action in the morning
of Friday, June 12.

-The draft resolution before the UNSC would impose new
measures to address the threat posed by the DPRK's
proliferation activities and compel that country to commit
itself to political dialogue and denuclearization. These
strong measures will give the international community new
tools and greater leverage to address the WMD proliferation
threat posed by the DPRK.

-The draft resolution condemns the nuclear test and states
clearly the Council's demands for the DPRK's behavior.

-The draft resolution includes five categories of carefully
targeted sanctions in response to the nuclear test. These
include a total ban on arms exports (and major expansion of
the ban on arms imports),new financial sanctions to limit
the ability of the DPRK to fund WMD and ballistic
missile-related activities, enhanced inspection provisions
for ships suspected of carrying proscribed goods, such as WMD
or ballistic missile parts, and tasks the 1718 Sanction
Committee to identify new entities and goods to subject to
the sanctions regime.

-The draft resolution before the Council is the fruit of much
negotiation and considerable compromise among Council
members, and we believe it should be adopted as soon as
possible to make clear the consequences of the DPRK,s
behavior and violations of previous resolutions.
End Points to Raise.

3. Begin text of draft resolution.
The Security Council,
Recalling its previous relevant resolutions, including
resolution 825 (1993),resolution 1540 (2004),resolution
1695 (2006),and, in particular, resolution 1718 (2006),as
well as the statements of its President of 6 October 2006
S/PRST/2006/41 and 13 April 2009 S/PRST/2009/7,
Reaffirming that proliferation of nuclear, chemical and
biological weapons, as well as their means of delivery,
constitutes a threat to international peace and security,

Expressing the gravest concern at the nuclear test conducted
by the Democratic People,s Republic of Korea ("the DPRK") on
25 May 2009 (local time) in violation of resolution 1718
(2006),and at the challenge such a test constitutes to the
Treaty on Non-Proliferation of Nuclear Weapons ("the NPT")
and to international efforts aimed at strengthening the

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global regime of non-proliferation of nuclear weapons towards
the 2010 NPT Review Conference, and the danger it poses to
peace and stability in the region and beyond,

Stressing its collective support for the NPT and commitment
to strengthen the Treaty in all its aspects, and global
efforts towards nuclear non-proliferation and nuclear
disarmament, and recalling that the DPRK cannot have the
status of a nuclear-weapon state in accordance with the NPT
in any case,

Deploring the DPRK's announcement of withdrawal from the NPT
and its pursuit of nuclear weapons,

Underlining once again the importance that the DPRK respond
to other security and humanitarian concerns of the
international community,

Underlining also that measures imposed by this resolution are
not intended to have adverse humanitarian consequences for
the civilian population of the DPRK,

Expressing its gravest concern that the nuclear test and
missile activities carried out by the DPRK have further
generated increased tension in the region and beyond, and
determining that there continues to exist a clear threat to
international peace and security,

Reaffirming the importance that all Member States uphold the
purposes and principles of the Charter of the United Nations,

Acting under Chapter VII of the Charter of the United
Nations, and taking measures under its Article 41,


1. Condemns in the strongest terms the nuclear test
conducted by the DPRK on 25 May 2009 (local time) in
violation and flagrant disregard of its relevant resolutions,
in particular resolutions 1695 (2006) and 1718 (2006),and
the statement of its President of 13 April 2009 S/PRST/2009/7;


2. Demands that the DPRK not conduct any further
nuclear test or any launch using ballistic missile technology;


3. Decides that the DPRK shall suspend all activities
related to its ballistic missile programme and in this
context re-establish its pre-existing commitments to a
moratorium on missile launches;


4. Demands that the DPRK immediately comply fully with its
obligations under relevant Security Council resolutions, in
particular resolution 1718 (2006);


5. Demands that the DPRK immediately retract its
announcement of withdrawal from the NPT;


6. Demands further that the DPRK return at an early date to
the NPT and International Atomic Energy Agency (IAEA)
safeguards, bearing in mind the rights and obligations of
States Parties to the NPT, and underlines the need for all
States Parties to the NPT to continue to comply with their
Treaty obligations;


7. Calls upon all Member States to implement their
obligations pursuant to resolution 1718 (2006),including
with respect to designations made by the Committee
established pursuant to resolution 1718 (2006) ("the
Committee") pursuant to the statement of its President of 13
April 2009 (S/PRST/2009/7);


8. Decides that the DPRK shall abandon all nuclear weapons
and existing nuclear programs in a complete, verifiable and
irreversible manner and immediately cease all related
activities, shall act strictly in accordance with the
obligations applicable to parties under the NPT and the terms
and conditions of the IAEA Safeguards Agreement (IAEA
INFCIRC/403) and shall provide the IAEA transparency measures
extending beyond these requirements, including such access to
individuals, documentation, equipment and facilities as may

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be required and deemed necessary by the IAEA;


9. Decides that the measures in paragraph 8(b) of resolution
1718 (2006) shall also apply to all arms and related
materiel, as well as to financial transactions, technical
training, advice, services or assistance related to the
provision, manufacture, maintenance or use of such arms or
materiel;


10. Decides that the measures in paragraph 8(a) of
resolution 1718 (2006) shall also apply to all arms and
related materiel, as well as to financial transactions,
technical training, advice, services or assistance related to
the provision, manufacture, maintenance or use of such arms,
except for small arms and light weapons and their related
materiel, and calls upon States to exercise vigilance over
the direct or indirect supply, sale or transfer to the DPRK
of small arms or light weapons, and further decides that
States shall notify the Committee at least five days prior to
selling, supplying or transferring small arms or light
weapons to the DPRK;


11. Calls upon all States to inspect, in accordance with
their national authorities and legislation and consistent
with international law, all cargo to and from the DPRK, in
their territory, including seaports and airports, if the
State concerned has information that provides reasonable
grounds to believe the cargo contains items the supply, sale,
transfer, or export of which is prohibited by paragraph 8(a),
8(b),or 8(c) of resolution 1718 or by paragraph 9 or 10 of
this resolution, for the purpose of ensuring strict
implementation of those provisions;


12. Calls upon all Member States to inspect vessels, with
the consent of the flag State, on the high seas, if they have
information that provides reasonable grounds to believe that
the cargo of such vessels contains items the supply, sale,
transfer, or export of which is prohibited by paragraph 8(a),
8(b),or 8(c) of resolution 1718 (2006) or by paragraph 9 or
10 of this resolution, for the purpose of ensuring strict
implementation of those provisions;


13. Calls upon all States to cooperate with inspections
pursuant to paragraphs 11 and 12, and, if the flag State does
not consent to inspection on the high seas, decides that the
flag State shall direct the vessel to proceed to an
appropriate and convenient port for the required inspection
by the local authorities pursuant to paragraph 11;


14. Decides to authorize all Member States to, and that all
Member States shall, seize and dispose of items the supply,
sale, transfer, or export of which is prohibited by paragraph
8(a),8(b),or 8(c) of resolution 1718 or by paragraph 9 or
10 of this resolution that are identified in inspections
pursuant to paragraph 11, 12, or 13 in a manner that is not
inconsistent with their obligations under applicable Security
Council resolutions, including resolution 1540 (2004),as
well as any obligations of parties to the NPT, the Convention
on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on Their
Destruction of 29 April 1997, and the Convention on the
Prohibition of the Development, Production and Stockpiling of
Bacteriological (Biological) and Toxin Weapons and on Their
Destruction of 10 April 1972, and decides further that all
States shall cooperate in such efforts;


15. Requires any Member State, when it undertakes an
inspection pursuant to paragraph 11, 12, or 13, or seizes
and disposes of cargo pursuant to paragraph 14, to submit
promptly reports containing relevant details to the Committee
on the inspection, seizure and disposal;


16. Requires any Member State, when it does not receive the
cooperation of a flag State pursuant to paragraph 12 or 13 to
submit promptly to the Committee a report containing relevant
details;


17. Decides that Member States shall prohibit the provision

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by their nationals or from their territory of bunkering
services, such as provision of fuel or supplies, or other
servicing of vessels, to DPRK vessels if they have
information that provides reasonable grounds to believe they
are carrying items the supply, sale, transfer, or export of
which is prohibited by paragraph 8(a),8(b),or 8(c) of
resolution 1718 (2006) or by paragraph 9 or 10 of this
resolution, unless provision of such services is necessary
for humanitarian purposes or until such time as the cargo has
been inspected, and seized and disposed of if necessary, and
underlines that this paragraph is not intended to affect
legal economic activities;


18. Calls upon Member States, in addition to implementing
their obligations pursuant to paragraphs 8(d) and (e) of
resolution 1718 (2006),to prevent the provision of financial
services or the transfer to, through, or from their
territory, or to or by their nationals or entities organized
under their laws (including branches abroad),or persons or
financial institutions in their territory, of any financial
or other assets or resources that could contribute to the
DPRK,s nuclear-related, ballistic missile-related, or other
weapons of mass destruction-related programs or activities,
including by freezing any financial or other assets or
resources on their territories or that hereafter come within
their territories, or that are subject to their jurisdiction
or that hereafter become subject to their jurisdiction, that
are associated with such programs or activities and applying
enhanced monitoring to prevent all such transactions in
accordance with their national authorities and legislation;


19. Calls upon all Member States and international financial
and credit institutions not to enter into new commitments for
grants, financial assistance, or concessional loans to the
DPRK, except for humanitarian and developmental purposes
directly addressing the needs of the civilian population, or
the promotion of denuclearization, and also calls upon States
to exercise enhanced vigilance with a view to reducing
current commitments;


20. Calls upon all Member States not to provide public
financial support for trade with the DPRK (including the
granting of export credits, guarantees or insurance to their
nationals or entities involved in such trade) where such
financial support could contribute to the DPRK,s
nuclear-related or ballistic missile-related or other
WMD-related programs or activities;


21. Emphasizes that all Member States should comply with the
provisions of paragraphs 8(a)(iii) and 8(d) of resolution
1718 (2006) without prejudice to the activities of the
diplomatic missions in the DPRK pursuant to the Vienna
Convention on Diplomatic Relations;


22. Calls upon all Member States to report to the Security
Council within forty-five days of the adoption of this
resolution and thereafter upon request by the Committee on
concrete measures they have taken in order to implement
effectively the provisions of paragraph 8 of resolution 1718
(2006) as well as paragraphs 9 and 10 of this resolution, as
well as financial measures set out in paragraphs 18, 19 and
20 of this resolution;


23. Decides that the measures set out at paragraphs 8(a),
8(b) and 8(c) of resolution 1718 (2006) shall also apply to
the items listed in INFCIRC/254/Rev.9/Part 1a and
INFCIRC/254/Rev.7/Part 2a;


24. Decides to adjust the measures imposed by paragraph 8 of
resolution 1718 (2006) and this resolution, including through
the designation of entities, goods, and individuals, and
directs the Committee to undertake its tasks to this effect
and to report to the Security Council within thirty days of
adoption of this resolution, and further decides that, if the
Committee has not acted, then the Security Council will
complete action to adjust the measures within seven days of
receiving that report;


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25. Decides that the Committee shall intensify its efforts to
promote the full implementation of resolution 1718 (2006),
the statement of its President of 13 April 2009
(S/PRST/2009/7) and this resolution, through a work programme
covering compliance, investigations, outreach, dialogue,
assistance and cooperation, to be submitted to the Council by
15 July 2009, and that it shall also receive and consider
reports from Member States pursuant to paragraphs 10, 15, 16
and 22 of this resolution;


26. Requests the Secretary-General to create for an initial
period of one year, in consultation with the Committee, a
group of up to seven experts ("Panel of Experts"),acting
under the direction of the Committee to carry out the
following tasks: (a) assist the Committee in carrying out its
mandate as specified in resolution 1718 (2006) and the
functions specified in paragraph 25 of this resolution; (b)
gather, examine and analyze information from States, relevant
United Nations bodies and other interested parties regarding
the implementation of the measures imposed in resolution 1718
(2006) and in this resolution, in particular incidents of
non-compliance; (c) make recommendations on actions the
Council, or the Committee or Member States, may consider to
improve implementation of the measures imposed in resolution
1718 (2006) and in this resolution; and (d) provide an
interim report on its work to the Council no later than 90
days after adoption of this resolution, and a final report to
the Council no later than 30 days prior to termination of its
mandate with its findings and recommendations;


27. Urges all States, relevant United Nations bodies and
other interested parties, to cooperate fully with the
Committee and the Panel of Experts, in particular by
supplying any information at their disposal on the
implementation of the measures imposed by resolution 1718
(2006) and this resolution;


28. Calls upon all Member States to exercise vigilance and
prevent specialized teaching or training of DPRK nationals
within their territories or by their nationals, of
disciplines which could contribute to the DPRK's
proliferation sensitive nuclear activities and the
development of nuclear weapon delivery systems;


29. Calls upon the DPRK to join the Comprehensive
Nuclear-Test-Ban Treaty at the earliest date;


30. Supports peaceful dialogue, calls upon the DPRK to
return immediately to the Six Party Talks without
precondition, and urges all the participants to intensify
their efforts on the full and expeditious implementation of
the Joint Statement issued on 19 September 2005 and the joint
documents of 13 February 2007 and 3 October 2007, by China,
the DPRK, Japan, the Republic of Korea, the Russian
Federation and the United States, with a view to achieving
the verifiable denuclearization of the Korean Peninsula and
to maintain peace and stability on the Korean Peninsula and
in north-east Asia;


31. Expresses its commitment to a peaceful, diplomatic and
political solution to the situation and welcomes efforts by
Council members as well as other Member States to facilitate
a peaceful and comprehensive solution through dialogue and to
refrain from any actions that might aggravate tensions;


32. Affirms that it shall keep the DPRK's actions under
continuous review and that it shall be prepared to review the
appropriateness of the measures contained in paragraph 8 of
resolution 1718 (2006) and relevant paragraphs of this
resolution, including the strengthening, modification,
suspension or lifting of the measures, as may be needed at
that time in light of the DPRK's compliance with relevant
provisions of resolution 1718 (2006) and this resolution;


33. Underlines that further decisions will be required,
should additional measures be necessary;


34. Decides to remain actively seized of the matter.

End Text.
CLINTON