Identifier
Created
Classification
Origin
09STATE65483
2009-06-24 16:06:00
UNCLASSIFIED
Secretary of State
Cable title:  

IMPLEMENTING UN SECURITY COUNCIL RESOLUTION

Tags:  PARM PREL MNUC MTCRE KN 
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O 241606Z JUN 09
FM SECSTATE WASHDC
TO ALL DIPLOMATIC POSTS COLLECTIVE IMMEDIATE
UNCLAS STATE 065483 


E.O. 12958: N/A
TAGS: PARM PREL MNUC MTCRE KN

SUBJECT: IMPLEMENTING UN SECURITY COUNCIL RESOLUTION
(UNSCR) 1874

SUMMARY
--------

UNCLAS STATE 065483


E.O. 12958: N/A
TAGS: PARM PREL MNUC MTCRE KN

SUBJECT: IMPLEMENTING UN SECURITY COUNCIL RESOLUTION
(UNSCR) 1874

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


1. (U) This is an action request. See para 5.


2. (U) The United Nations Security Council unanimously
adopted Resolution 1874 on June 12. This resolution
unequivocally condemns North Korea's May 25 claimed nuclear
test, imposes 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 resolution
imposes a range of sanctions against North Korean entities
involved in Pyongyang's nuclear, ballistic missile, other WMD,
conventional, and other military-related activities, and
imposes a ban on both imports and exports of conventional
weapons to or from the DPRK, except for the export of small
arms and light weapons to the DPRK. It also contains specific
provisions related to preventing the DPRK from shipping
proscribed items. In particular, the Resolution 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 and 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 and 1874.

-- Cooperate with inspections pursuant to the resolution.

The resolution also requires that:

-- if the flag State does not consent to inspection on the
high seas, 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 the resolution.

-- member states seize and dispose of contraband found during
inspection.

-- a member state reports to the 1718 Sanctions Committee when
it undertakes an inspection or seizes and disposes of
contraband.

-- member states promptly report to the 1718 Committee if a
flag state refuses to cooperate with the inspection provisions.

-- all Member States prohibit the provision 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
resolutions 1718 and 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.


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


4. (U) Beyond implementation of the specific measures in UNSCR
1874, we request that member states set an example and assure
transparency in their dealings with North Korea, preferably
through a protocol of inspecting shipments received from North
Korea, whether or not there is specific evidence that the
cargo is in violation of UNSCR 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.

ACTION REQUEST/OBJECTIVES
--------------


5. (U) Posts that were not action addressees of State 64133
are instructed to approach appropriate host-nation officials
as soon as possible and seek their cooperation in carrying out
the inspection-related provisions of UNSCR 1874 and providing
transparency in their interactions with North Korea. In doing
so, Posts should:

-- 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
weapon, ballistic missile, other WMD, and conventional weapons
programs.

-- Impress upon states that the Resolution forbids the
purchase of all weapons systems from the DPRK.

-- Note the DPRK has transferred items previously 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.

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

Posts may draw from the Summary and Objectives in paras 2-5,
as well as the Talking Points below, as appropriate.

TALKING POINTS/NON-PAPER
--------------


6. (U). The following may also be left as a non-paper.
BEGIN TALKING POINTS/NON-PAPER:

-- 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 unanimously adopted UNSCR
1874 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 States to inspect
all cargo to and from the DPRK in your territory, including
seaports and airports, if you obtain information providing
reasonable grounds to believe this cargo would be prohibited
by UNSCR 1718 or UNSCR 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
Korea 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 the vessel's 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 the inspection provisions of the Resolution,
and requires flag states that do not consent to inspection of
a particular vessel on the high seas (where there are
reasonable ground to believe that the vessel is carrying
proscribed cargo) to direct the vessel to proceed to an
appropriate and convenient port for required inspection.

-- Member states are required to promptly report to the 1718
Committee if a flag state refuses to cooperate with the
inspection provisions.

-- UNSCR 1874 also requires that member states seize and
dispose of contraband found during inspection and to report to
the 1718 Sanctions Committee when it undertakes an inspection
or seizes and disposes of contraband.

-- 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
proscribed items, particularly by North Korea, and to work
with other member states to carry out the provisions in the
resolution.

-- We also seek your cooperation if vessels of concern are be
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 also requires/requires member states to
prohibit the provision of bunkering services, such as
provision of fuel or provisions, or other servicing of
vehicles, 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 or until 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 international
waters to avoid inspection and 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 enforce
UNSCR 1874's prohibitions on bunkering as vigorously as
possible.

-- 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 UNSCRs 1718 and 1874. Only then can we build
international confidence in the implementation of these
resolutions.

-- Specifically, given the threat of North Korean
proliferation and to ensure full implementation of UNSCR 1874,
the United States encourages states to maximize transparency
in all transactions and shipments from North Korea. 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.

-- FOR NEW DELHI, ISLAMABAD, AND COLOMBO ONLY: Due to your
country's strategic location along maritime or air routes
between North Korea and the Middle East, we urge you to
enhance your vigilance of North Korean cargo that may contain
items prohibited by UNSCRs 1718 or 1874.

END POINTS


7. (U) REPORTING REQUIREMENT: Please report response to this
demarche within five business days of receipt of this cable.


8. (U) POINT OF CONTACT: Washington POC for follow-up and
further information is Mark Felipe, ISN/CPI, 202-647-5376,
felipem2@state.sgov.gov.


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


NNNN




End Cable Text