MALTA SUBMITS REPORT OF IRAN SANCTIONS VIOLATION

UNCLAS VALLETTA 000467 SENSITIVE SIPDIS DEPT FOR EUR, ISN, NEA, P AND T E.O. 12958: N/A TAGS: PARM PREL MNUC IR UK LY EG GM MT SUBJECT: MALTA SUBMITS REPORT OF IRAN SANCTIONS VIOLATION TO UN 1737 COMMITTEE REF: A. STATE 104749 ¶B. VALLETTA 437 ¶C. VALLETTA 444 ¶D. VALLETTA 456 ¶1. (SBU) This cable provides additional response to reftel A. On October 16, the office of Malta's Permanent Representative to the UN submitted to the Chairman of the UNSCR 1737 Sanctions Committee a report of Malta's actions described in reftels through D to the Chairman. The report was addressed to H.E. Mr. Yukio Takasu, Chairman, Security Council Committee established pursuant to Resolution 1737 (2006),Room S-3055, United Nations, New York, NY 10017. ¶2. (SBU) The text of report was as follows. Begin Text: 16th October 2009 Excellency, The Government of Malta has the honour to share with the Committee established pursuant to resolution 1737 (2006) information regarding a recently-discovered violation of UN sanctions regarding the Islamic Republic of Iran. We understand that your Committee has a mandate to examine and take appropriate action regarding violations of the measures contained in resolutions 1737 (2006),1747 (2007) and 1803 (2008). We hope information about this violation may assist you in carrying out this mandate. On October 8 2009 the Maltese authorities were informed by the authorities of the United States of America and of the Federal Republic of German (sic) that the vessel Hansa India, which was imminently due to arrive in Malta, had been discovered to be carrying cargo which was in breach of paragraph 5 of Security Council Resoluation 1747 (2007) and the cooperation of the Maltese authorities was sought for the purpose of offloading in Malta the cargo in question. On October 9 the said vessel entered a Maltese port and at the request of the Maltese authorities the containers suspected of containing cargo in violation of the said Resolution were offloaded from the German-flagged vessel Hansa India in the Malta Freeport and were inspected. This inspection revealed the presence of arms-related material (bullet casings and blank brass disks) The ship's manifest indicated the items originated in Bandar Abbas, Iran, and were destined for Latakia, Syria. The vessel was chartered by the Islamic Republic of Iran Shipping Line (IRISL). The contents were in barrels marked "SAZEMANE SENAYE DEFA" which we understand is Farsi for "Defense Industries Organisation (DIO)", an entity designated under the UN Security Council resolution 1737 (2007). The barrels were numbered as follows: IRSU217282/3, IRSU218070/5, IRSU220755/5, IRSU221206/3, IRSU219901/7, IRSU215184/1, IRSU217725/5 and IRSU221007/6. A complete report on the inspection is enclosed. As you are aware, paragraph 5 of resolution 1747 (2007) states that Iran shall not transfer arms or related material from its territory and that all States shall prohibit the procurement of such items from Iran. Therefore, in line with our international obligations, our authorities have retained, unloaded and stored the aforesaid cargo and will ensure that the items are neither allowed to reach their intended destination nor returned to their origin. Reference is also made to paragraphs 11 and 12 of the UNSC Resolution 1803 (2008) which inter alia call on States that in accordance with their national legal authorities and legislation and consistent with international law, to inspect the cargoes to and from Iran, of aircraft and vessels, at their airports and seaports, owned or operated by Iran Air Cargo and Islamic Republic of Iran Shipping Line, provided there are reasonable grounds to believe that the aircraft or vessel is transporting goods prohibited under this resolution or resolutions 1737 (2006) or resolution 1747 (2007); the resolution requires all States, in case when inspection is undertaken, to submit to the Security Council within five working days a written report on the inspection. The Government of Malta kindly requests that this report is treated as strictly confidential and its circulation is restricted to the Members of the Committee only. Please accept, Excellency, the assurances of my highest consideration. //s// Savior F. Borg Ambassador Permanent Representative End Text. ¶3. (SBU) Per reftels c and d, post again requests guidance from the Department as to the eventual disposition of the materials seized. KMIEC