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DE RUCNDT #0296/01 0932249
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O 022249Z APR 08
FM USMISSION USUN NEW YORK
TO RUEHKI/AMEMBASSY KINSHASA IMMEDIATE 1484
RUEHC/SECSTATE WASHDC IMMEDIATE 4035
INFO RUEHGG/UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
RHEHNSC/NSC WASHDC IMMEDIATE
RUEKJCS/SECDEF WASHDC IMMEDIATE

UNCLAS USUN NEW YORK 000296 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: DRC PREL UNSC PGOV ETTC
SUBJECT: UN/DRC SANCTIONS: COUNCIL UNANIMOUSLY ADOPTS 
RESOLUTION 1803 AMENDING SANCTIONS REGIME 
 
REF: STATE 32644 
 
¶1. The Security Council adopted resolution 1807 on March 31 
by a vote of 15-0.  Resolution 1807 terminates all 
restrictions on the ability of the Government of the 
Democratic Republic of the Congo to import arms and expands 
the criteria for individual sanctions to those targeting 
women in conflict, including through sexual violence.  The 
resolution also renews until December 31, 2008 the arms 
embargo on all non-governmental (rebel) forces operating in 
the DRC and the sanctions targeting any person or entity that 
violates the arms embargo or any leader of a rebel group that 
impedes DDR, recruits children into its ranks, or targets 
children in its operations.  The resolution was co-sponsored 
by France (the drafting delegation), the U.S., the UK, 
Belgium, Italy, Costa Rica, and Croatia. 
 
¶2. Begin text of resolution 1807: 
 
The Security Council, 
 
Recalling its previous resolutions, in particular resolution 
1794 (2007), and the statements by its President concerning 
the Democratic Republic of the Congo, 
 
Reaffirming its commitment to the sovereignty, territorial 
integrity and political independence of the Democratic 
Republic of the Congo as well as all States in the region, 
 
Reiterating its serious concern regarding the presence of 
armed groups and militias in the Eastern part of the 
Democratic Republic of the Congo, particularly in the 
provinces of North and South Kivu and the Ituri district, 
which perpetuate a climate of insecurity in the whole region, 
 
Stressing the primary responsibility of the Government of the 
Democratic Republic of the Congo for ensuring security in its 
territory and protecting its civilians with respect for the 
rule of law, human rights and international humanitarian law, 
 
Recalling the joint communique of the Government of the 
Democratic Republic of Congo and the Government of the 
Republic of Rwanda signed in Nairobi on 9 November 2007 and 
the outcome of the Conference for Peace, Security and 
Development in North and South Kivu, held in Goma from 6 to 
23 January 2008, which together represent a major step 
towards the restoration of lasting peace and stability in the 
Great Lakes region, and looking forward to their full 
implementation, 
 
Recalling its resolution 1804 (2008) and its demand that the 
Rwandan armed groups operating in the eastern Democratic 
Republic of the Congo lay down their arms without any further 
delay or preconditions, 
 
Reiterating the importance of urgently carrying out security 
sector reform and of disarming, demobilizing, repatriating, 
resettling and reintegrating, as appropriate,  Congolese and 
foreign armed groups for the long-term stabilization of the 
Democratic Republic of the Congo, and welcoming in this 
regard the round table on the reform of the security sector 
that was held on 24 and 25 February 2008 in Kinshasa, 
 
Taking note of the final report (S/2008/43) of the Group of 
Experts on the Democratic Republic of the Congo established 
pursuant to resolution 1771 (2007) ("the Group of Experts) 
and of its recommendations, 
 
Condemning the continuing illicit flow of weapons within and 
into the Democratic Re-public of the Congo, declaring its 
determination to continue to monitor closely the 
implementation of the arms embargo and other measures set out 
by its resolutions concerning the Democratic Republic of the 
Congo, 
 
Stressing that improved exchange of information between the 
Committee established pursuant to resolution 1533 (2004) 
("the Committee"), the Group of Experts, the United Nations 
Organization Mission in the Democratic Republic of the Congo 
(MONUC), other United Nations offices and missions in the 
region, within their respective mandates, and the Governments 
of the region can contribute to the prevention of arms 
shipments to non-governmental entities and individuals 
subject to the arms embargo, 
 
Recognizing the linkage between the illegal exploitation of 
natural resources, illicit trade in such resources and the 
proliferation and trafficking of arms as one of the factors 
fueling and exacerbating conflicts in the Great Lakes region 
 
 
of Africa, 
 
Recalling its resolution 1612 (2005) and its previous 
resolutions on children and armed conflict, and strongly 
condemning the continued recruitment, targeting and use of 
children in violation of applicable international law, in the 
hostilities in the Democratic Republic of the Congo, 
 
Recalling its resolution 1325 (2000) on women, peace and 
security, and strongly condemning the continuing violence, in 
particular sexual violence directed against women in the 
Democratic Republic of the Congo, 
 
Calling on the donor community to provide urgent assistance 
needed for the reform of the administration of justice, and 
recalls MONUC's mandate to advise the Government, in 
coordination with international partners, in strengthening 
the capacity of the judicial and correctional systems, 
including the military justice system, 
 
Recalling the measures on arms imposed by paragraph 20 of 
resolution 1493, as amended and expanded by paragraph 1 of 
resolution 1596, 
 
Recalling the measures on transport imposed by paragraphs 6, 
7 and 10 of resolution 1596, 
 
Recalling the financial and travel measures imposed by 
paragraphs 13 and 15 of resolution 1596, paragraph 2 of 
resolution 1649, and paragraph 13 of resolution 1698, 
 
Determining that the situation in the Democratic Republic of 
the Congo continues to constitute a threat to international 
peace and security in the region, 
 
Acting under Chapter VII of the Charter of the United Nations, 
 
A 
 
¶1. Decides, for a further period ending on 31 December 2008, 
that all States shall take the necessary measures to prevent 
the direct or indirect supply, sale or transfer, from their 
territories or by their nationals, or using their flag 
vessels or aircraft, of arms and any related materiel, and 
the provision of any assistance, advice or training related 
to military activities, including financing and financial 
assistance, to all non-governmental entities and individuals 
operating in the territory of the Democratic Republic of the 
Congo; 
 
¶2. Decides that the measures on arms, previously imposed by 
paragraph 20 of resolution 1493 and paragraph 1 of resolution 
1596, as renewed in paragraph 1 above, shall no longer apply 
to the supply, sale or transfer of arms and related materiel, 
and the provision of any assistance, advice or training 
related to military activities to the Government of the 
Democratic Republic of the Congo; 
 
¶3. Decides that the measures in paragraph 1 above shall not 
apply to: 
 
a) Supplies of arms and related materiel as well as technical 
training and assistance intended solely for support of or use 
by the United Nations Organization Mission in the Democratic 
Republic of the Congo (MONUC); 
 
b) Protective clothing, including flack jackets and military 
helmets, temporarily exported to the Democratic Republic of 
the Congo by United Nations personnel, representatives of the 
media and humanitarian and development workers and associated 
personnel, for their personal use only; 
 
c) Other supplies of non-lethal military equipment intended 
solely for humanitarian or protective use, and related 
technical assistance and training, as notified in advance to 
the Committee in accordance with paragraph 4 below; 
 
¶4. Decides to terminate the obligations set out in paragraph 
4 of resolution 1596 and paragraph 4 of resolution 1771; 
 
¶5. Decides, for the period referred to in paragraph 1 above, 
that all States shall notify in advance to the Committee any 
shipment of arms and related materiel for the Democratic 
Republic of the Congo, or any provision of assistance, advice 
or training related to military activities in the Democratic 
Republic of the Congo, except those referred to in 
subparagraphs (a) and (b) of paragraph 3 above, and stresses 
the importance that such notifications contain all relevant 
information, including, where appropriate, the end-user, the 
 
 
proposed date of delivery and the itinerary of shipments; 
 
B 
 
¶6. Decides that, for a further period ending on the date 
referred to in paragraph 1 above, all governments in the 
region, and in particular those of the Democratic Republic of 
the Congo and of States bordering Ituri and the Kivus, shall 
take the necessary measures: 
 
a) To ensure that aircraft operate in the region in 
accordance with the Convention on International Civil 
Aviation, signed in Chicago on 7 December 1944, in particular 
by verifying the validity of documents carried in aircraft 
and the licenses of pilots, 
 
b) To prohibit immediately in their respective territories 
operation of any aircraft inconsistent with the conditions in 
that Convention or the standards established by the 
International Civil Aviation Organisation, in particular with 
respect to the use of falsified or out-of-date documents, to 
notify the Committee of the measures they take in this 
regard, 
 
c) To ensure that all civilian and military airports or 
airfields on their respective territories will not be used 
for a purpose inconsistent with the measures imposed by 
paragraph 1 above; 
 
¶7. Recalls that, pursuant to paragraph 7 of resolution 1596, 
each government in the region, in particular those of States 
bordering Ituri and the Kivus, as well as that of the 
Democratic Republic of the Congo, must maintain a registry 
for review by the Committee and the Group of Experts of all 
information concerning flights originating in their 
respective territories en route to destinations in the 
Democratic Republic of the Congo, as well as flights 
originating in the Democratic Republic of the Congo en route 
to destinations in their respective territories; 
 
¶8. Decides that, for a further period ending on the date 
referred to in paragraph 1 above, the government of the 
Democratic Republic of the Congo on the one hand, and those 
of States bordering Ituri and the Kivus on the other hand, 
shall take the necessary measures: 
 
a) To strengthen, as far as each of them is concerned, 
customs controls on the borders between Ituri or the Kivus 
and the neighbouring States, 
 
b) To ensure that all means of transport on their respective 
territories will not be used in violation of the measures 
taken by Member States in accordance with paragraph 1 above, 
and notify the Committee of such actions, 
 
C 
 
¶9. Decides that, during the period of enforcement of the 
measures referred to in paragraph 1 above, all States shall 
take the necessary measures to prevent the entry into or 
transit through their territories of all persons designated 
by the Committee pursuant to paragraph 13 below, provided 
that nothing in this paragraph shall obligate a State to 
refuse entry into its territory to its own nationals; 
 
¶10. Decides that the measures imposed by paragraph 8 above 
shall not apply: 
 
a) where the Committee determines in advance and on a 
case-by-case basis that such travel is justified on the 
grounds of humanitarian need, including religious obligation, 
 
b) where the Committee concludes that an exemption would 
further the objectives of the Council's resolutions, that is 
peace and national reconciliation in the Democratic Republic 
of the Congo and stability in the region; 
 
c) where the Committee authorises in advance, and on a case 
by case basis, the transit of individuals returning to the 
territory of the State of their nationality, or participating 
in efforts to bring to justice perpetrators of grave 
violations of human rights or international humanitarian law; 
 
¶11. Decides that all States shall, during the period of 
enforcement of the measures referred to in paragraph 1 above, 
immediately freeze the funds, other financial assets and 
economic resources which are on their territories from the 
date of adoption of this resolution, which are owned or 
controlled, directly or indirectly, by persons or entities 
 
 
designated by the Committee pursuant to paragraph 13 below, 
or that are held by entities owned or controlled, directly or 
indirectly, by them or by any persons or entities acting on 
their behalf or at their direction, as designated by the 
Committee, and decides further that all States shall ensure 
that no funds, financial assets or economic resources are 
made available by their nationals or by any persons within 
their territories, to or for the benefit of such persons or 
entities; 
 
¶12. Decides that the provisions of paragraph 10 above do not 
apply to funds, other financial assets and economic resources 
that: 
a) have been determined by relevant States to be necessary 
for basic expenses, including payment for foodstuffs, rent or 
mortgage, medicines and medical treatment, taxes, insurance 
premiums, and public utility charges, or for payment of 
reasonable professional fees and reimbursement of incurred 
expenses associated with the provision of legal services, or 
fees or service charges, in accordance with national laws, 
for routine holding or maintenance of frozen funds, other 
financial assets and economic resources, after notification 
by the relevant States to the Committee of the intention to 
authorize, where appropriate, access to such funds, other 
financial assets and economic resources and in the absence of 
a negative decision by the Committee within four working days 
of such notification, 
 
b) have been determined by relevant States to be necessary 
for extraordinary expenses, provided that such determination 
has been notified by the relevant States to the Committee and 
has been approved by the Committee, or c) have been 
determined by relevant States to be the subject of a 
judicial, administrative or arbitration lien or judgement, in 
which case the funds, other financial assets and economic 
resources may be used to satisfy that lien or judgement 
provided that the lien or judgement was entered prior to the 
date of the present resolution, is not for the benefit of a 
person or entity designated by the Committee pursuant to 
paragraph 13 below, and has been notified by the relevant 
States to the Committee; 
 
¶13. Decides that the provisions of paragraphs 89 and 11 above 
shall apply to the following individuals and, as appropriate, 
entities, as designated by the Committee: 
 
a) persons or entities acting in violation of the measures 
taken by Member States in accordance with paragraph 1 above, 
 
b) political and military leaders of foreign armed groups 
operating in the Democratic Republic of the Congo who impede 
the disarmament and the voluntary repatriation or 
resettlement of combatants belonging to those groups, 
 
c) political and military leaders of Congolese militias 
receiving support from outside the Democratic Republic of the 
Congo, who impede the participation of their combatants in 
disarmament, demobilization and reintegration processes; 
 
d) Political and military leaders operating in the Democratic 
Republic of the Congo and recruiting or using children in 
armed conflicts in violation of applicable international law, 
 
e) Individuals operating in the Democratic Republic of the 
Congo and committing serious violations of international law 
involving the targeting of children or women in situations of 
armed conflict, including killing and maiming, sexual 
violence, abduction and forced displacement 
 
¶14. Decides, for a further period ending on the date referred 
to in paragraph 1 above, that the measures in paragraphs 9 
and 11 above shall continue to apply to individuals and 
entities already designated pursuant to paragraphs 13 and 15 
of resolution 1596, paragraph 2 of resolution 1649, and 
paragraph 13 of resolution 1698, unless the Committee decides 
otherwise; D 
 
¶15. Decides that the Committee shall, from the adoption of 
this resolution, have the following mandate: 
 
a) To seek from all States, and particularly those in the 
region, information regarding the actions taken by them to 
implement effectively the measures imposed by paragraphs 1, 
6, 8, 9 and 11 above and to comply with paragraphs 18 and 24 
of resolution 1493, and thereafter to request from them 
whatever further information it may consider useful, 
including by providing States with an opportunity, at the 
Committee's request, to send representatives to meet with the 
Committee for more in depth discussion of relevant issues; 
 
 
 
b) To examine, and to take appropriate action on, information 
concerning alleged violations of the measures imposed by 
paragraph 1 above and information on alleged arms flows 
highlighted in the reports of the Panel of Experts on the 
Illegal Exploitation of Natural Resources and Other Forms of 
Wealth in the Democratic Republic of the Congo, identifying 
where possible individual and entities reported to be engaged 
in such violations, as well as aircraft or other vehicles 
used; 
 
c) To present regular reports to the Council on its work, 
with its observations and recommendations, in particular on 
the ways to strengthen the effectiveness of the measures 
imposed by paragraph 1 above; 
 
d) To receive notifications in advance from States made under 
paragraph 5 above, to inform MONUC and the Government of the 
Democratic Republic of the Congo of every notification 
received, and to consult with the Government of the 
Democratic Republic of the Congo and/or the notifying State, 
if appropriate, to verify that such shipments are in 
conformity with the measures set forth in paragraph 1 above, 
and to decide, if need be, upon any action to be taken; 
 
e) To designate, pursuant to paragraph 13 above, persons and 
entities as subject to the measures set forth in paragraphs 9 
and 11 above, including aircraft and airlines in light of 
paragraphs 5 and 7 above, and regularly to update its list, 
 
f) to call upon all States concerned, and particularly those 
in the region, to provide the Committee with information 
regarding the actions taken by them to investigate and 
prosecute as appropriate individuals and entities designated 
by the Committee pursuant to subparagraph (e) above, 
 
g) to consider and decide on requests for the exemptions set 
out in paragraphs 10 and 12 above, 
 
h) to promulgate guidelines as may be necessary to facilitate 
the implementation of paragraphs 1, 6, 8, 9 and 11 above; 
 
¶16. Calls upon all States, in particular those in the region, 
to support the implementation of the arms embargo and to 
cooperate fully with the Committee in carrying out its 
mandate; 
 
E 
 
¶17. Requests the Secretary General to extend, for a period 
expiring on 31 December 2008, the Group of Experts 
established pursuant to resolution 1771; 
 
¶18. Requests the Group of Experts to fulfill the following 
mandate: 
 
a) To examine and analyse information gathered by MONUC in 
the context of its monitoring mandate and share with MONUC, 
as appropriate, information that might be of use in the 
fulfillment of the Mission's monitoring mandate, 
 
b) To gather and analyse all relevant information in the 
Democratic Republic of the Congo, countries of the region 
and, as necessary, in other countries, in cooperation with 
the governments of those countries, on flows of arms and 
related materiel, as well as networks operating in violation 
of the measures imposed by paragraph 1 above, 
 
c) To consider and recommend, where appropriate, ways of 
improving the capabilities of States interested, in 
particular those of the region, to ensure the measures 
imposed by paragraph 1 above are effectively implemented, 
 
d) To update the Committee on its work as appropriate and 
report to the Council in writing, through the Committee, by 
15 August 2008 and again before 15 November 2008, on the 
implementation of the measures set forth in paragraphs 1, 6, 
8, 9 and 11 above, with recommendations in this regard, 
including information on the sources of financing, such as 
from natural resources, which are funding the illicit trade 
of arms, 
 
e) To keep the Committee frequently updated on its activities, 
 
f) To provide the Committee in its reports with a list, with 
supporting evidence, of those found to have violated the 
measures imposed by paragraph 1 above, and those found to 
have supported them in such activities for possible future 
measures by the Council, 
 
 
 
g) Within its capabilities and without prejudice to the 
execution of the other tasks in its mandate, to assist the 
Committee in the designation of the individuals referred to 
in subparagraphs (b) to (e) of paragraph 13 above, by making 
known without delay to the Committee any useful information; 
 
¶19. Requests MONUC within its existing capabilities and 
without prejudice to the performance of its current mandate, 
and the Group of Experts to continue to focus their 
monitoring activities in North and South Kivu and in Ituri; 
 
¶20. Requests the Government of the Democratic Republic of the 
Congo, other Governments in the region as appropriate, MONUC 
and the Group of Experts to cooperate intensively, including 
by exchanging information regarding the arms shipment with a 
view to facilitating the effective implementation of the arms 
embargo on non-governmental entities and individuals, 
regarding the illegal trafficking in natural resources and 
regarding activities of individuals and entities designated 
by the Committee pursuant to paragraph 13 above; 
 
¶21. Reiterates its demand, expressed in paragraph 19 of 
resolution 1596, that all parties and all States, 
particularly those in the region, cooperate fully with the 
work of the Group of Experts, and that they ensure: 
- the safety of its members, 
- unhindered and immediate access, in particular to persons, 
documents and sites the Group of Experts deems relevant to 
the execution of its mandate; 
 
F 
 
¶22. Decides that, when appropriate and no later than 31 
December 2008, it shall review the measures set forth in this 
resolution, with a view to adjusting them, as appropriate, in 
the light of consolidation of the security situation in the 
Democratic Republic of the Congo, in particular progress in 
security sector reform including the integration of the armed 
forces and the reform of the national police, and in 
disarming, demobilizing, repatriating, resettling and 
reintegrating, as appropriate, Congolese and foreign armed 
groups; 
 
¶23. Decides to remain actively seized of the matter. 
 
End resolution text. 
KHALILZAD