Identifier
Created
Classification
Origin
09STATE64133
2009-06-21 00:20:00
CONFIDENTIAL
Secretary of State
Cable title:  

Urging ASEAN Implementation of UN SECURITY COUNCIL

Tags:  PARM PREL MNUC MTCRE KN ASEAN COLLECTIVE 
pdf how-to read a cable
O 210020Z JUN 09
FM SECSTATE WASHDC
TO ASSOCIATION OF SOUTHEAST ASIAN NATIONS COLLECTIVE IMMEDIATE
AMEMBASSY TOKYO IMMEDIATE
AMEMBASSY BEIJING IMMEDIATE
AMEMBASSY SEOUL IMMEDIATE
AMEMBASSY CANBERRA IMMEDIATE
USMISSION USUN NEW YORK IMMEDIATE
C O N F I D E N T I A L STATE 064133 


E.O. 12958: DECL: 06/20/2029
TAGS: PARM PREL MNUC MTCRE KN ASEAN COLLECTIVE

SUBJECT: Urging ASEAN Implementation of UN SECURITY COUNCIL
RESOLUTION(UNSCR) 1874 and Transparency in North Korea
Transactions

-------
SUMMARY
-------

Classified by: Scot A. Marciel, Acting A/S for East Asian
Pacific Affairs. Reasons: 1.4(b) and (d)

C O N F I D E N T I A L STATE 064133


E.O. 12958: DECL: 06/20/2029
TAGS: PARM PREL MNUC MTCRE KN ASEAN COLLECTIVE

SUBJECT: Urging ASEAN Implementation of UN SECURITY COUNCIL
RESOLUTION(UNSCR) 1874 and Transparency in North Korea
Transactions

--------------
SUMMARY
--------------

Classified by: Scot A. Marciel, Acting A/S for East Asian
Pacific Affairs. Reasons: 1.4(b) and (d)


1. (C) This is an action request. Please see paragraph 3.


2. (C) The United Nations Security Council unanimously
adopted Resolution 1874 on June 12. This resolution
unequivocally condemns North Korea's May 25 announced nuclear
test, contains unprecedented new measures to address the
threat posed by North Korea's nuclear and missile
proliferation activities, and calls upon the DPRK to return
immediately to the Six Party Talks without preconditions. The
new measures in this Resolution include a total ban on arms
transfers from the DPRK and a major expansion of the ban on
arms transfers to the DPRK, new financial measures designed to
limit the ability of the DPRK to fund WMD and ballistic-
missile related activities, and enhanced inspection provisions
for ships suspected of carrying cargo proscribed by this
Resolution or by UNSCR 1718. Vessels bound to and from the
DPRK regularly utilize Southeast Asian shipping lanes, making
the implementation of UNSCR 1874 of particular relevance to
ASEAN countries. As such, we seek to encourage ASEAN to do
its part by making a statement that supports UNSCR 1874, as
well as by helping the world carry out effective
implementation of the Resolution. In implementing Resolution
1874, the United States seeks to avoid unnecessary
confrontation with the DPRK, while assuring that the
resolution is fully observed. In order to reduce the need for
challenge inspections at sea, the United States would like
ASEAN to take the lead in promulgating a "code of conduct" for
its members, requiring all states that transact business with
the DPRK to provide maximum transparency on all transactions
and shipments from the DPRK, whether or not they contravene
Resolution 1874. We would hope this action by ASEAN would
provide the basis for a global gold standard in dealings with
the DPRK and contribute significantly to our common goal of
returning the DPRK to path of denuclearization. End Summary.



3. (C) Posts are instructed to approach host-nation officials
at the highest appropriate level to pursue the objectives
below aimed at seeking their cooperation in carrying out the
inspection-related provisions of UNSCR 1874 and providing
transparency in their interactions with North Korea.

(FOR EMBASSY BANGKOK)
As Thailand is the current Chair of ASEAN, the Department
requests that the Ambassador deliver this demarche to the
Foreign Minister We are prepared to follow this with a high
level call as needed.

--------------
OBJECTIVES
--------------


4. (C) Posts should pursue the following objectives:

-- Encourage states to be vigilant to the prospect of North
Korean transfers of proscribed materials.

-- Impress upon states the threat posed by the DPRK's nuclear,
ballistic missile, other WMD, and conventional weapons
programs.

-- Note the DPRK has previously transferred items that are
proscribed by UNSCRs 1874 and 1718 and is likely to attempt
transfers in the future.

--Stress the need for states to be transparent with any
dealings they might have with North Korea in order to build
international confidence in implementation of UNSCR 1874.

-- Urge ASEAN to issue a statement demonstrating its resolve
to maintain peace and stability in the Asia-Pacific region
through support of UNSCR 1874 and transparency of transactions
with North Korea.

-- Note that North Korean vessels may attempt to obtain
bunkering services outside of port facilities in order to
avoid inspection. For this reason, UNSCR 1874 imposes an
obligation on member states to deny provision of such services
where they have reasonable grounds to believe the North Korean
vessels are transporting proscribed items (except where
necessary for humanitarian purposes).

-- Seek cooperation from ASEAN states to pressure Burma to
change its behavior towards North Korea by halting all arms
purchases and ensuring the transparency of any North Korean
shipments.

Posts may draw from the Summary and Objectives, as well as the
Talking Points below, as appropriate.

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


5. (C) In particular, UNSCR 1874 calls upon UN Member 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 reasonable grounds to
believe the cargo contains items proscribed by Resolutions
1718 or 1874.

-- 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 Resolutions 1718 or 1874.

-- Cooperate with inspections pursuant to the Resolution.

The Resolution also requires that:

-- if the flag State does not consent to inspection of a
vessel on the high seas, where the requesting State has
reasonable grounds to believe the vessel is carrying
prohibited cargo, the flag State shall direct the vessel to
proceed to an appropriate and convenient port for inspection
pursuant to the resolution.

-- all Member States prohibit the provision of bunkering
services, by their nationals or from their territory , such as
provision of fuel or supplies, or other servicing of vessels,
to DPRK vessels if the Member State has information that
provides reasonable grounds to believe they are carrying items
the supply, sale, transfer, or export of which is prohibited
by resolutions 1718 or 1874, 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.


6. (C) These provisions attempt to combat potential
proliferation by the DPRK of arms and related materiel, as
well as nuclear, ballistic missile, and other WMD-related
items. Additionally, prohibiting the provision of any
bunkering services to North Korean-owned, operated or flagged
ships suspected of engaging in the proliferation of nuclear,
ballistic missile, or other WMD-related items, as well as arms
and related materiel, may serve to deter future shipments by
the DPRK.


7. (C) Beyond implementation of the specific measures in UNSCR
1874, we ask ASEAN members to set an example for the
international community. We are requesting that ASEAN assure
transparency in member state dealings with North Korea,
preferably through a protocol for inspecting all shipments
received from North Korea, whether or not there is specific
evidence that the cargo is in violation of Resolution 1874.
This will help avoid potentially complicated challenge
inspections at sea and maximize the prospect that North Korea
will return to the path of denuclearization, without
interfering with legitimate trade.. We are also asking ASEAN
to pressure Burma to end its arms cooperation with North Korea.

--------------
TALKING POINTS
--------------


8. (C/REL ASEAN, PRC, JPN, ROK, AUS) The following may also be
left as a non-paper.

BEGIN TALKING POINTS:

-- We would like to discuss the implementation of the new UN
Security Council Resolution adopted in response to North
Korea's May 25 nuclear test.

-- As you know, the Security Council adopted UNSCR 1874
unanimously on June 12. The resolution contains measures to
prevent North Korea from transferring nuclear, ballistic
missile, or other WMD-related items, as well as other arms or
related materiel. However, these measures must be fully
enforced by all Member States to ensure their effectiveness
and prevent dangerous proliferation activities by the DPRK
from continuing.

-- In particular, we would like to highlight the provisions of
paragraph 11 of UNSCR 1874, which calls upon Member States to
inspect all cargo to and from the DPRK in their territory,
including seaports and airports based on any information
providing reasonable grounds to believe this cargo would be
prohibited by UNSCR 1718 or UNSCR 1874.

-- As your country is located along important maritime or air
routes used by North Korea, we believe your government has an
important role to play in demonstrating to the rest of the
international community the seriousness with which we view
implementation of UNSCRs 1718 and 1874.

-- We encourage you to conduct as thorough an inspection of
such cargo as your national authorities and legislation will
allow. We believe that North Korea's pattern of dangerous
proliferation and its repeated willful violations of
international law raise legitimate suspicions about North
Korean cargo.

-- UNSCR 1874 also calls upon Member States to inspect vessels,
with the consent of the flag State, on the high seas, if there
are reasonable grounds to believe that such vessels' cargo
contains items the supply, sale, transfer, or export of which
is prohibited by UNSCRs 1718 or 1874.

-- Paragraph 13 of UNSCR 1874 calls upon all states to
cooperate with inspections pursuant to the Resolution, and
requires flag states that do not consent to inspection of a
particular vessel on the high seas (where there are reasonable
grounds to believe that the vessel is carrying proscribed
cargo) to direct the vessels to proceed to an appropriate and
convenient port for inspection.

-- We realize that not all states have the capacity to conduct
inspections of ships on the high seas. However, we encourage
all states to be vigilant regarding potential shipments of
proliferation concern by North Korea.

-- We also seek your cooperation if vessels of concern are
diverted to your ports for inspection.

-- We are willing to discuss the provision of assistance
should states require additional capacity to carry out
inspections.

-- The resolution requires/requires Member States to prohibit
the provision of bunkering services, such as provision of fuel
or provisions, or other servicing of vessels, to DPRK vessels
if there is information providing reasonable grounds to
believe they are carrying proscribed items. The resolution
contains an exception to permit provision of such services if
it is necessary for humanitarian purposes, as well as after
such time as the cargo has been inspected, and seized and
disposed of if necessary.

-- We are concerned that, in the past, North Korean vessels
suspected of carrying banned goods have used bunkering
services outside of territorial waters to avoid inspection.

-- We are particularly concerned about the provision of
bunkering services facilitating the ability of North Korean
vessels to transport proliferation-related cargoes outside the
Asia-Pacific region.

-- We believe that rigorous enforcement of UNSCR 1874's
prohibitions on providing bunkering services could prevent
North Korean efforts to evade inspection and detection of
possible cargoes of proliferation concern.

-- We therefore strongly urge your government to fully
implement the obligation to prohibit the provision of
bunkering services set out in UNSCR 1874.
.
-- With the cooperation of our international partners, we also
seek to increase the transparency of all states in dealings
they might have with North Korea, especially in areas that are
addressed in UNSCR 1718 and 1874. Only then can we build
international confidence in the implementation of these
resolutions.

-- Specifically, we urge ASEAN to confirm that cargos received
from North Korea are not prohibited by these resolutions.
Such a monitoring mechanism can consist, as necessary, of
submission and review of shipping manifests and bills of
lading, routine physical inspection of cargo at airports and
seaports, and on-site end-use verification. States engaged in
legitimate business with North Korea should welcome the
opportunity to demonstrate that they are in compliance with
the Resolution, and contribute to the effort to discourage
efforts by the DPRK to conceal illicit trade.

-- We urge ASEAN to explicitly express support for the
implementation of UNSCR 1874 and to adopt a pledge to ensure
complete transparency on any dealings with North Korea.

-- (FOR ALL ASEAN MINUS EMBASSY RANGOON) -- We appreciate
ASEAN's joint press statement with the ROK, adopted at the
ASEAN/Korea Commemorative Summit on June 2, which condemned
North Korea for its recent nuclear test and missile launches,
and described such actions as clear violations of the Six-
Party Agreements and relevant UNSC resolutions and decisions.

-- The June 2 statement also encouraged all concerned parties
to actively pursue the denuclearization of the Korean
Peninsula.

-- We also encourage you to press the Burmese government to
adhere to its obligations under UNSCRs 1718 and 1874. We are
aware of improving Burma-North Korea ties and of reports of
closer Burma-North Korea collaboration, to include arms
cooperation. We believe the DPRK is using elaborate
concealment techniques to cover illicit trade with Burma which
makes it difficult to obtain direct evidence on the content of
shipments between the DPRK and Burma. This is particularly
urgent because we believe such shipments may already be
underway. It is in ASEAN's interest to ensure that Burmese
authorities understand and take seriously their obligations as
a UN Member State and as a member of ASEAN.

-- (FOR EMBASSY BANGKOK): A statement from ASEAN expressing
support for the implementation of UNSCR 1874 and the adoption
of an ASEAN-wide pledge to assure transparency on any dealings
with North Korea would demonstrate to the world community, as
well as to North Korea, ASEAN's commitment to regional peace
and security and the need for the DPRK to return to the path
of denuclearization, consistent with previous ASEAN statements.
As Thailand is the current chair of ASEAN, your government has
a unique opportunity to lead this effort in the run-up to the
ASEAN Regional Forum next month. We strongly urge Thailand to
take the lead in coordinating ASEAN member states'
implementation of the UNSC resolutions.

-- (FOR EMBASSY RANGOON): As a UN member state, Burma is
required to adhere to these UNSC resolutions as well. We
understand you have a growing relationship with North Korea.

-- We encourage Burma to take seriously the international
community's collective condemnation of and actions against
North Korea.

-- We also urge you to be transparent with the international
community in all your dealings with North Korea to increase
international confidence that your government is committed to
compliance with the relevant UN Security Council resolutions.

-- Efforts to restore your ties with the international
community will be enhanced by a forward leaning, unequivocal
demonstration of compliance with Resolution 1874.

FOR BEIJING
--------------

-- As we have discussed previously with your government,
implementation of UNSCR 1874 will be crucial to persuade North
Korea to return to negotiations to achieve our mutual goal of
the verifiable denuclearization of the Korean Peninsula.

-- Your government has expressed concerns about implementation
of the interdiction and inspection provisions of UNSCR 1874.

-- We are committed to fully implementing all aspects of the
resolution and consulting closely with your government as we
do so. We would like to assure you that the United States does
not want a confrontation with North Korea.

-- We are seeking greater cooperation from the international
community, not only to work collectively to implement UNSCRs
1718 and 1874, but also to enhance transparency with regard to
trade and financial transactions with North Korea.

-- We have particular concerns with Burma's lack of
transparency. As you know, North Korea has frequently used
Burma as a transit and delivery point for suspect cargoes.

-- We request that China strongly urge Burmese authorities to
fully and effectively implement their obligations under UNSCRs
1718 and 1874.

-- It is important for Burma to understand that, in light of
the recent DPRK nuclear test that resulted in the unanimous
adoption of USNCR 1874, it should not receive items prohibited
by UNSCRs 1718 and 1874 from the DPRK. Burma should also not
allow transshipment of prohibited items in its ports or
territorial waters if coming from or going to the DPRK, or
provide bunkering services to suspect DPRK vessels.

-- We have delivered a detailed message to ASEAN Member States,
including Burma, urging them to strictly enforce UNSCRs 1718
and 1874, and to adopt a pledge of complete transparency in
any dealings with North Korea to build international
confidence of implementation of these resolutions. We would
also appreciate Beijing delivering a message to ASEAN Member
States that their support for the strict enforcement of UNSCRs
1718 and 1874 as well as enhanced transparency are important
and appreciated.

FOR TOKYO AND SEOUL
--------------

-- As we have discussed previously with your government,
implementation of UNSCR 1874 will be crucial to persuade North
Korea to return to negotiations to achieve our mutual goal of
the verifiable denuclearization of the Korean Peninsula.

-- We are seeking greater cooperation from the international
community, not only to work collectively to implement UNSCRs
1718 and 1874, but also to enhance their transparency with
regard to dealings with North Korea.

-- We have particular concerns with Burma's current lack of
transparency. As you know, North Korea has frequently used
Burma as a transit and delivery point for suspect cargoes.

-- Given your government's diplomatic relations and financial
investments with Burma, we request that you strongly urge the
Burmese authorities to fully and effectively implement their
obligations under UNSCRs 1718 and 1874, and to be fully
transparent in doing so.

-- It is important for Burma to understand that, in light of
the recent DPRK nuclear test that resulted in the unanimous
adoption of USNCR 1874, it should not receive items prohibited
by UNSCRs 1718 and 1874 from the DPRK. Burma should also not
allow transshipment of prohibited items in its ports or
territorial waters if coming from or going to the DPRK, or
provide bunkering services to suspect DPRK vessels.

-- We have delivered a detailed message to ASEAN Member States,
including Burma, urging them to strictly enforce UNSCRs 1718
and 1874, and to pledge transparency in any dealings with
North Korea, particularly with any cargo shipments, to build
international confidence of implementation of these
resolutions. We would also appreciate your government
delivering a message to ASEAN Member States that their support
for the strict enforcement of UNSCRs 1718 and 1874 as well as
enhanced transparency are important and appreciated.

(FOR SEOUL ONLY) -- We appreciate ASEAN's joint press
statement with the ROK, adopted at the ASEAN/Korea
Commemorative Summit on June 2, which condemned North Korea
for its recent nuclear test and missile launches, and
described such actions as clear violations of the Six-Party
Agreements and relevant UNSC resolutions and decisions.

-- The June 2 statement also encouraged all concerned parties
to actively pursue the denuclearization of the Korean
Peninsula.

FOR CANBERRA
--------------

-- As the Deputy Secretary discussed with Ambassador
Richardson on Friday, the United States is in the process of
delivering a detailed message to ASEAN Member States,
including Burma, urging them to strictly enforce UNSCRs 1718
and 1874, and to adopt a pledge of complete transparency in
any dealings with North Korea to build international
confidence of implementation of these resolutions. We would
appreciate your reinforcing this message to ASEAN Member
States.

END POINTS


8. (U) REPORTING REQUIREMENT: Please report results of this
demarche as soon as possible after receipt of this cable.


9. (U) POINT OF CONTACT: Washington POC for follow-up and
further information is Mark Felipe, ISN/CPI, 202-647-5376,
felipem2@state.sgov.gov,and Mary-Gardner Coppola, EAP/MTS,
202-647-2769, coppolamg@state.gov, and Richard Johnson, EAP/K,
202-647-7718.


10. (U) Department thanks Posts for their assistance. Please
slug all responses for ISN, EAP, IO, USUN, and T.
CLINTON


NNNN




End Cable Text