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Viewing cable 07USUNNEWYORK510, UN/DPRK SANCTIONS: SANCTIONS COMMITTEE ADOPTS

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Reference ID Created Released Classification Origin
07USUNNEWYORK510 2007-06-22 22:56 2011-08-26 00:00 UNCLASSIFIED USUN New York
VZCZCXRO3845
OO RUEHBZ
DE RUCNDT #0510/01 1732256
ZNR UUUUU ZZH
O 222256Z JUN 07
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2121
INFO RUEHGG/UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
RUEHUL/AMEMBASSY SEOUL IMMEDIATE 0809
RUEHGV/USMISSION GENEVA IMMEDIATE 2744
UNCLAS SECTION 01 OF 05 USUN NEW YORK 000510 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL UNSC PHUM ETTC MCAP KN
SUBJECT: UN/DPRK SANCTIONS: SANCTIONS COMMITTEE ADOPTS 
GUIDELINES DURING FORMAL MEETING 
 
 
1. (U) On June 20 the Committee concerning the Democratic 
People's Republic of North Korea (DPRK), established pursuant 
to resolution 1718 (2006), convened for a formal meeting to 
adopt Committee Guidelines (see full text in para 3 below). 
Italian PermRep and Chairman of the Committee Marcello 
Spatafora led the meeting. 
 
2.  (U) USUN and China made statements following the adoption 
of the guidelines.  China welcomed the unanimous adoption of 
the guidelines and thanked the Chairman for his impartiality 
and patience, stating that the guidelines reaffirm the 
Committee's mandate, provide important direction on reviewing 
the measures, and reflect the common understanding of 
Committee members of the purpose of the Committee.  Without 
explicitly referring to the February 13 agreement of the 
Fifth Round of the Six Party Talks, China noted &progress8 
on disarmament with DPRK and pledged to ensure the Committee 
demonstrated a &constructive approach.8 
 
3. (U) USUN thanked the Chairman for his leadership and 
welcomed the DPRK's announcement that it would receive an 
IAEA delegation to discuss the shutdown of the Yongbyon 
facilities.  The United States considered this to be an 
important first step toward realizing the commitments of the 
February 13 agreement, and called on the DPRK to move swiftly 
to implement those commitments.  USUN recalled the shared 
goal of the verifiable denuclearization of the Korean 
Peninsula and emphasized its commitment to the full and 
effective implementation of resolution 1718. 
 
4. (U) Text of 1718 Committee Guidelines: 
 
SECURITY COUNCIL COMMITTEE ESTABLISHED PURSUANT TO RESOLUTION 
1718 (2006) 
 
20 June 2007 
 
GUIDELINES OF THE COMMITTEE FOR THE CONDUCT OF ITS WORK 
 
This document contains the Guidelines of the Committee for 
the conduct of its work, as adopted by the Committee on 20 
June 2007. In accordance with the decision of the Committee, 
copies of these Guidelines are to be transmitted to all 
Member States and relevant international 
organizations/agencies as soon as possible. These Guidelines 
will also be posted on the Committee's webpage: 
http://www.un.org/Docs/sc/committees/1718Temp late.htm. 
 
1. The 1718 Committee 
 
(a) The Committee was established pursuant to paragraph 12 of 
Security Council resolution 1718 (2006). 
 
(b) The Committee is a subsidiary organ of the Security 
Council and will consist of all the members of the Council. 
 
(c) The Chairperson of the Committee will be appointed by the 
Security Council to serve in her/his personal capacity. The 
Chairperson will be assisted by two delegations which act as 
Vice Chairpersons, which will also be appointed by the 
Council. 
 
(d) The Chairperson will chair meetings of the Committee. 
When she/he is unable to chair a meeting, she/he will 
nominate one of the Vice-Chairpersons to act on her/his 
behalf. The Chairperson or one of her/his designated 
representatives may also convene and chair informal 
consultations of the Committee. 
 
(e) The Secretariat of the United Nations will provide the 
Committee with secretariat support. 
 
2. Mandate of the Committee 
 
In accordance with rule 28 of the Security Council 
provisional rules of procedures, the Committee is established 
to undertake the following tasks: 
 
(a) to seek from all States, in particular those producing or 
possessing the items, materials, equipment, goods and 
technology referred to in paragraph 8 (a) of resolution 1718 
(2006), information regarding the actions taken by them to 
implement effectively the measures imposed by paragraph 8 of 
the resolution and whatever further information it may 
consider useful in this regard; 
 
(b) to examine and take appropriate action on information 
regarding alleged violations of measures imposed by paragraph 
8 of the resolution; 
 
 
USUN NEW Y 00000510  002 OF 005 
 
 
(c) to consider and decide upon requests for exemptions set 
out in paragraphs 9 and 10 of the resolution; 
 
(d) to determine additional items, materials, equipment, 
goods and technology to be specified for the purpose of 
paragraphs 8 (a) (i) and 8 (a) (ii) of the resolution; 
 
(e) to designate additional individuals and entities subject 
to the measures imposed by paragraphs 8 (d) and 8 (e) of the 
resolution; 
 
(f) to promulgate guidelines as may be necessary to 
facilitate the implementation of the measures imposed by the 
resolution; 
 
(g) to report at least every 90 days to the Security Council 
on its work, with its observations and recommendations, in 
particular on ways to strengthen the effectiveness of the 
measures imposed by operative paragraph 8 of resolution 1718 
(2006). 
 
3. Decision-making 
 
(a) The Committee shall make all decisions by consensus of 
its members. 
 
(b) In cases where the Committee so agrees, decisions will be 
taken by a written procedure. In such cases the Chairman will 
circulate to all Members of the Committee the proposed 
decision of the Committee, and will request Members of the 
Committee to indicate their objection to the proposed 
decision within five working days or, in urgent situations, 
such a shorter period as the Chairperson shall determine but 
usually no less than two working days. If no objection is 
received within the stated period, the decision will be 
considered adopted. Otherwise, the Committee may convene a 
meeting to revisit the issue at the request of the Chairman 
or any Member of the Committee. 
 
4. Meetings of the Committee 
 
(a) Meetings of the Committee, both formal and informal, will 
be convened at any time the Chairperson deems necessary, or 
at the request of a Member of the Committee. Two working days 
notice will be given for any meeting of the Committee, 
although shorter notice may be given in urgent situations. 
 
(b) The meetings of the Committee will be closed, unless the 
Committee decides otherwise. If the Committee so decides, the 
Committee may invite other UN Member States, members of the 
Secretariat and relevant regional or international 
 
SIPDIS 
organizations or agencies to participate in meetings of the 
Committee for the purpose of providing information or 
explanations relating to any violations or alleged violations 
of the sanctions measures imposed by resolution 1718 (2006), 
or to address the Committee on an ad hoc basis, if necessary 
and useful to the progress of its work. The Committee will 
consider requests from Member States to send representatives 
to meet with the Committee for more in-depth discussion of 
relevant issues. 
 
(c) Meetings of the Committee, both formal and informal, will 
be facilitated by interpretation in the six official 
languages of the Security Council of the United Nations, 
except in such cases where all Members of the Committee 
consent to meet without such support. 
 
5. Documentation and Agenda 
 
(a) The Chairperson, in conjunction with the Secretariat, 
will circulate a provisional agenda and related documents at 
least two working days before a meeting of the Committee. 
 
(b) The Chairperson, in conjunction with the Secretariat, 
will circulate other relevant documents and papers to members 
of the Committee. 
 
(c) Documents circulated in the Committee for eventual formal 
decision will be translated into all official languages of 
the Security Council of the United Nations, subject to the 
following conditions: 
 
(i) documents concerning technical matters related to 
paragraphs 8(a)(i), 8(a)(ii) and 12(d) of resolution 1718 
(2006) will be translated before the Committee commences its 
discussion on such documents; 
(ii) documents of a non-deliberative, procedural nature will 
not be translated; 
(iii) all other documents will be translated into all 
official languages if and when one delegation so requests 
 
USUN NEW Y 00000510  003.2 OF 005 
 
 
without prejudice to the decision-making procedure outlined 
in paragraph 3 (b) above. 
 
 6. Arms Embargo referred to in Paragraph 8 (a)(i) of 
Resolution 1718 (2006) 
 
(a) For the purpose of paragraph 8(a)(i) of resolution 1718 
(2006), the Committee may discuss and make decisions 
consistent with its mandate. 
 
7. Embargo on Items, Materials, Equipment, Goods and 
Technology related to Nuclear, Ballistic Missile and other 
Weapon of Mass Destruction Programmes referred to in 
Paragraph 8 (a)(ii) of Resolution 1718 (2006) 
 
(a) As per paragraph 8(a)(ii) of resolution 1718 (2006) the 
Committee may discuss and decide on items, materials, 
equipment, goods and technology in addition to those 
specified by the operative paragraph above, which could 
contribute to DPRK,s nuclear-related, ballistic 
missile-related or other weapons of mass destruction-related 
programmes, or modify existing lists. 
 
(b) Any items, materials, equipment, goods and technology to 
be proposed to the Committee for its consideration shall be 
accompanied to the greatest extent possible by a narrative 
description that clarifies the relation between those items, 
materials, equipment, goods and technology and DPRK,s 
nuclear-related, ballistic missile-related or other weapons 
of mass destruction-related programmes. 
 
8. Lists of Individuals and/or Entities referred to in 
Paragraphs 8(d) and 8(e) of Resolution 1718 (2006) 
 
(a) The Committee will decide on a request for designation of 
an individual and/or entity referred to in paragraph 8(d) 
and/or 8(e) of resolution 1718 (2006), in two separate lists, 
on the basis of the criteria contained in these paragraphs, 
when it receives the request of designation and relevant 
information with respect to that individual or entity. 
 
(b) Member States will provide an appropriate statement of 
the case that forms the basis for taking action. The name of 
an individual and/or entity proposed for designation shall be 
accompanied by, to the greatest extent possible, a narrative 
description of the information that clarifies how the 
criteria contained in paragraph 8(d) and/or 8(e) of 
resolution 1718 (2006) may apply to the named individual or 
entity. States may indicate what portions of the statement of 
case, if any, the Committee may publicly release or release 
to other UN Member States upon request. 
 
(c) The name of any individual or entity proposed for 
designation shall be accompanied by, to the greatest extent 
possible, relevant, specific and as up-to-date as possible 
information to facilitate their identification by competent 
authorities: 
 
For individuals designated according to paragraph(s) 8(d) or 
8(e): name (in original and Latin script), date of birth, 
place of birth, nationality, aliases, residence, current and 
previous addresses, current location, passport or travel 
document number, professional or functional title and/or any 
other information relevant to facilitate the application of 
the measures in paragraph(s) 8(d) or 8(e), including bank 
account number(s) of that individual, etc. 
For entities designated according to paragraph 8(d): name, 
acronyms, address, headquarters, subsidiaries, affiliates, 
fronts, nature of business or activity, leadership, tax or 
other identification number and other names by which it is 
known or was formerly known, and/or any other information 
relevant to facilitate the application of the measures in 
paragraph 8(d), including bank account number(s) of that 
entity, etc. 
(d) Regarding de-listing requests of individuals and 
entities, petitioners seeking to submit a request for 
de-listing can do so either through the focal point process 
outlined in resolution 1730 (2006) or through their state of 
residence or citizenship, and these requests will be subject 
to the procedure as established in resolution 1730 (2006). 
The Committee will consider expeditiously requests to update 
these lists to be provided through Member States, on the 
basis of relevant information received by the Committee. 
 
(e) States are encouraged to submit to the Committee any 
evidence in support of the submission for listing or 
de-listing. 
 
(f) Once the updated list is communicated to Member States, 
states are encouraged to circulate it widely, such as to 
 
USUN NEW Y 00000510  004.2 OF 005 
 
 
banks and other financial institutions, border points, 
consulates, customs agents, intelligence agencies, 
alternative remittance systems and charities. 
 
9. Reviewing 
 
Pursuant to paragraph 12 and consistent inter alia with 
paragraph 15 of resolution 1718 (2006), the Committee will 
keep the lists under continuous review, and may also report 
to the Security Council its observations and recommendations 
on the measures contained in paragraph 8 of resolution 1718 
(2006) as it sees fit. 
 
10. Requests for Exemptions to Assets Freeze Pursuant to 
Paragraph 9 of Resolution 1718 (2006) 
 
(a) The Committee shall receive notifications in writing from 
Member States of their intention to authorize, where 
appropriate, access to frozen funds or other financial assets 
or economic resources to cover expenses, as provided for in 
paragraphs 9(a) and (b) of resolution 1718 (2006). The 
Committee, through the Secretariat, will inform the 
submitting State of receipt of the notification and the 
Committee's position at the conclusion of the five-day 
notification period. 
 
 (b) Notifications under paragraph 9(c) require no Committee 
decision. 
 
(c) Notifications and requests should, as appropriate, 
include the following information: 
 
i. Recipient (name and address) 
ii. Recipient's bank information (name and address of bank, 
account 
number) 
iii. Purpose of payment 
iv. Amount of installment 
v. Number of installments 
vi. Payment starting date 
vii. Bank transfer or direct debit 
viii. Interests 
ix. Specific funds being unfrozen 
x. Other information 
 
11. Requests for Exemptions to Travel Restrictions Pursuant 
to Paragraph 10 of resolution 1718 (2006) 
 
(a) In paragraph 10 of resolution 1718 (2005), the Security 
Council decided that the travel restrictions imposed under 
paragraph 8 (e) of the resolution shall not apply where the 
Committee determines on a case by case basis that such travel 
is justified on the ground of humanitarian need, including 
religious obligation, or where the Committee concludes that 
an exemption would otherwise further the objectives of the 
resolution 1718 (2006). 
 
(b) Each request for exemption to the travel restrictions 
imposed under paragraph 8(e) of resolution 1718 (2006) shall 
be submitted in writing, on behalf of the listed individual, 
to the Chairperson of the Committee through the Permanent 
Mission to the United Nations of any Member State, including 
inter alia the State of which the listed individual is a 
national or resident, the State(s) of transit and/or the 
State of final destination. 
 
(c) Except in cases of emergency, to be determined by the 
Committee, all requests shall be received by the Chairperson 
no less than five working days before the commencement date 
of the proposed travel. 
 
(d) All requests should include the following information, 
with accompanying documents: 
 
i. the name, designation, nationality and passport number(s) 
of the person(s)  undertaking the proposed travel. 
ii. the purpose(s) for the proposed travel, with copies of 
supporting documents furnishing details connected to the 
request such as specific dates and times of meetings or 
appointments. 
iii. the proposed dates and times of departure from and 
return to the country from which the travel commenced. 
iv. the complete itinerary for such travel including the 
points of departure and return and all transit stops. 
v. details of the mode of transport to be used, including 
where applicable, record locator, flight numbers and names of 
vessels. 
vi. a statement of specific justification for the exemption. 
 
(e) Any request for extension(s) of exemptions approved by 
 
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the Committee under paragraph 10 of resolution 1718 (2006) 
shall also be subject to the provisions above, and shall be 
received by the Committee Chairperson in writing, attaching a 
revised itinerary, no less than five working days before the 
expiry of the approved exemption period, and circulated to 
Committee members. 
 
(f) The Committee shall receive written confirmation from the 
government in whose territory the listed individual resides, 
with supporting documents, confirming the itinerary and date 
on which the listed individual traveling under an exemption 
granted by the Committee returned to the country of 
residence. 
 
(g) Any changes to the required travel information previously 
submitted to the Committee, particularly the points of 
transit, shall require the prior approval of the Committee 
and shall be received by the Committee Chairperson and 
circulated to Committee members no less than two working days 
prior to the commencement of the travel, except in cases of 
emergency. 
 
(h) The Committee Chairperson shall be immediately informed 
in writing in the event of advancement or postponement of 
travel for which the Committee has already issued an 
exemption. Submission to the Committee Chairperson of written 
notification will be sufficient in cases where the time of 
departure is advanced or postponed no more than 48 hours and 
the previously submitted itinerary remains otherwise 
unchanged. If travel is to be advanced or postponed more than 
48 hours before or after the date previously approved by the 
Committee, then a new exemption request must be submitted, 
and should be received by the Chairperson and circulated to 
Committee members in conformity with paragraphs (a), (b) and 
(c) above. 
 
(i) In cases of emergency medical evacuations to the nearest 
appropriate State, the Committee will determine whether the 
travel is justified within the exemption of paragraph 10 of 
resolution 1718 (2006), once notified of the name of the 
traveler, the reason for travel, the date and time of 
evacuation, along with flight details, including transit 
points and destination(s) and shall also be promptly provided 
with a doctor,s note containing as many details as possible 
of the nature of the medical emergency and the facility where 
treatment was received by the patient without prejudice to 
the respect of medical confidentiality, as well as 
information regarding the date, time, and mode of travel by 
which the patient returned to his/her country of residence. 
 
12. Communication and transparency 
(a) The information received by the Committee will be kept 
confidential if the provider so requests or if the Committee 
 
SIPDIS 
so decides. Elements of identification of individuals or 
entities, once available, as well as any significant 
modification to the lists will be promptly communicated to 
all Member States through a Note Verbale from the 
Chairperson. The updated lists will be made promptly 
available on the web page of the Committee, and will be 
published in a press release. 
(b) The Chairperson may brief interested Member States and 
the press following formal meetings of the Committee, unless 
the Committee decides otherwise. In addition, the Chairperson 
may be authorized, after prior consultations and with the 
approval of the Committee, to hold press conferences or issue 
press releases on any aspect of the Committee work. 
WOLFF