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DE RUEHC #1624 3212037
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O R 162024Z NOV 08
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
INFO RUEHDS/AMEMBASSY ADDIS ABABA 0000
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RHEHNSC/NSC WASHINGTON DC 0000

UNCLAS STATE 121624 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KDEM KTFN PGOV PREL PTER SO XW UNSC
SUBJECT: USUN INSTRUCTION: VOTE IN FAVOR OF SOMALIA 
SANCTIONS RESOLUTION 
 
REF: A. USUN 664 
     ¶B. STATE 108662 
 
¶1. This is an action request.  USUN is instructed to 
vote 
in favor of the adoption of the resolution (text in 
para 
2) that will expand the current UNSC Somalia 
sanctions 
regime from a comprehensive arms embargo to include 
targeted measures (asset freeze and travel ban) for 
those 
threatening the peace process. 
 
------------------ 
TEXT OF RESOLUTION 
------------------ 
¶2. The Security Council, 
 
Recalling its previous resolutions concerning the 
situation in Somalia, in particular resolution 733 
(1992), 
resolution 751 (1992), resolution 1356 (2001), 
resolution 
1425 (2002), resolution 1519 (2003), resolution 1676 
(2006), resolution 1725 (2006), resolution 1744 
(2007), 
resolution 1772 (2007), resolution 1801 (2008), 
resolution 
1811 (2008), and resolution 1814 (2008), and the 
statements of its President, in particular those of 
13 
July 2006 --S/PRST/2006/31--, 22 December 2006 
--S/PRST/2006/59--, 30 April 2007 --S/PRST/2007/13--, and 
14 
June 2007 --S/PRST/2007/19), and recalling also its 
resolution 1730 (2006) on general issues relating to 
sanctions, 
 
Reaffirming its respect for the sovereignty, 
territorial 
integrity, political independence and unity of 
Somalia, 
 
Underlining the importance of providing and 
maintaining 
stability and security throughout Somalia, 
 
Reaffirming its condemnation of all acts of violence 
in 
Somalia and incitement to violence inside Somalia, 
and 
expressing its concern at all acts intended to 
prevent or 
block a peaceful political process, 
 
Expressing its grave concern over the recent increase 
in 
acts of piracy and armed robbery at sea against 
vessels 
off the coast of Somalia, and noting the role piracy 
may 
play in financing embargo violations by armed groups, 
as 
described in the statement of 9 October 2008 by the 
Chairman of the Committee established pursuant to 
resolution 751 (1992) (hereinafter "the Committee") 
to the 
Security Council, 
 
Emphasizing the continued contribution made to 
Somalia's 
peace and security by the arms embargo imposed by 
paragraph 5 of resolution 733 (1992), as elaborated 
and 
amended by resolutions 1356 (2001), 1425 (2002), 1725 
(2006), 1744 (2007) and 1772 (2007), and reiterating 
its 
demand that all Member States, in particular those in 
the 
region, comply fully with the requirements of these 
resolutions, 
 
Recalling its intention, outlined in paragraph 6 of 
resolution 1814 (2008), to take measures against 
those who 
seek to prevent or block a peaceful political 
process, or 
those who threaten the Transitional Federal 
Institutions 
(TFIs) of Somalia or the African Union Mission in 
Somalia 
(AMISOM) by force, or take action that undermines 
stability in Somalia or the region, 
 
Further recalling its intention to strengthen the 
effectiveness of the United Nations arms embargo on 
Somalia, outlined in paragraph 7 of resolution 1814 
(2008) 
and to take measures against those who breach the 
arms 
embargo, and those who support them in doing so, 
 
Recalling also its request, outlined in paragraphs 6 
and 7 
of resolution 1814 (2008), to the Committee to 
provide 
recommendations on specific targeted measures to be 
imposed against such individuals or entities, 
 
Taking note of the letter of 1 August 2008 from the 
Vice 
Chairman of the Committee to the President of the 
Security 
Council, 
 
Determining that the situation in Somalia continues 
to 
constitute a threat to international peace and 
security in 
the region, 
 
Acting under Chapter VII of the Charter of the United 
Nations, 
 
¶1. Decides that all Member States shall take the 
necessary 
measures to prevent the entry into or transit through 
their territories of individuals designated by the 
Committee pursuant to paragraph 8 below, provided 
that 
nothing in this paragraph shall oblige a State to 
refuse 
its own nationals entry into its territory; 
 
¶2. Decides that the measures imposed by paragraph 1 
above 
shall not apply: 
 
   (a) where the Committee determines on a case-by- 
case 
basis that such travel is justified on the grounds of 
humanitarian need, including religious obligation; or 
 
   (b) where the Committee determines on a case-by- 
case 
basis that an exemption would otherwise further the 
objectives of peace and national reconciliation in 
Somalia 
and stability in the region; 
 
¶3. Decides that all Member States shall freeze 
without 
delay the funds, other financial assets and economic 
resources which are on their territories at the date 
of 
adoption of this resolution or at any time 
thereafter, 
which are owned or controlled, directly or 
indirectly, by 
the individuals or entities designated by the 
Committee 
pursuant to paragraph 8 below, or by individuals or 
entities acting on their behalf or at their 
direction, or 
entities owned or controlled by them, as designated 
by the 
Committee, and decides further that all Member States 
shall ensure that any funds, financial assets or 
economic 
resources are prevented from being made available by 
their 
nationals or by any individuals or entities within 
their 
territories, to or for the benefit of such 
individuals or 
entities; 
 
¶4. Decides that the measures imposed by paragraph 3 
above 
do not apply to funds, other financial assets or 
economic 
resources that have been determined by relevant 
Member 
States: 
 
   (a) 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 exclusively 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 State to the Committee 
of the 
intention to authorize, where appropriate, access to 
such 
funds, other financial assets or economic resources 
and in 
the absence of a negative decision by the Committee 
within 
three working days of such notification; 
 
   (b) to be necessary for extraordinary expenses, 
provided that such determination has been notified by 
the 
relevant Member State or States to the Committee and 
has 
been approved by the Committee; or 
 
   (c) to be the subject of a judicial, 
administrative or 
arbitral lien or judgment, in which case the funds, 
other 
financial assets and economic resources may be used 
to 
satisfy that lien or judgment provided that the lien 
or 
judgment was entered into prior to the date of the 
present 
resolution, is not for the benefit of a person or 
entity 
designated pursuant to paragraph 3 above, and has 
been 
notified by the relevant Member State or States to 
the 
Committee; 
 
¶5. Decides that Member States may permit the addition 
to 
the accounts frozen pursuant to the provisions of 
paragraph 3 above of interests or other earnings due 
on 
those accounts or payments due under contracts, 
agreements 
or obligations that arose prior to the date on which 
those 
accounts became subject to the provisions of this 
resolution, provided that any such interest, other 
earnings and payments continue to be subject to these 
provisions and are frozen; 
 
¶6. Reaffirms the general and complete arms embargo 
against 
Somalia imposed by resolution 733 (1992), as 
elaborated 
and amended by resolutions 1356 (2001), 1425 (2002), 
1725 
(2006), 1744 (2007) and 1772 (2007); 
 
¶7. Decides that all Member States shall take the 
necessary 
measures to prevent the direct or indirect supply, 
sale or 
transfer of weapons and military equipment and the 
direct 
or indirect supply of technical assistance or 
training, 
financial and other assistance including investment, 
brokering or other financial services, related to 
military 
activities or to the supply, sale, transfer, 
manufacture, 
maintenance or use of weapons and military equipment, 
to 
the individuals or entities designated by the 
Committee 
pursuant to paragraph 8 below; 
 
¶8. Decides that the provisions of paragraphs 1, 3, 
and 7 
above shall apply to individuals, and that the 
provisions 
of 3 and 7 above shall apply to entities, designated 
by 
the Committee; 
 
   (a) as engaging in or providing support for acts 
that 
threaten the peace, security or stability of Somalia, 
including acts that threaten the Djibouti Agreement 
of 18 
August 2008 or the political process, or threaten the 
TFIs 
or AMISOM; 
 
   (b) as having acted in violation of the general 
and 
complete arms embargo reaffirmed in paragraph 6 
above; 
 
   (c) as obstructing the delivery of humanitarian 
assistance to Somalia, or access to, or distribution 
of, 
humanitarian assistance in Somalia; 
 
¶9. Decides that the measures outlined in paragraphs 
1, 3 
and 7 above cease to apply in respect of such 
individuals 
or entities if, and at such time as the Committee 
removes 
them from the list of designated individuals and 
entities; 
 
¶10. Underlines the importance of coordination by the 
Committee with other UN Sanctions Committees and with 
the 
Special Representative of the Secretary General, 
 
¶11. Decides further to expand the mandate of the 
Committee 
as set out in resolution 751 (1992) to include the 
following tasks: 
 
   (a) to monitor, with the support of the Monitoring 
Group established pursuant to resolution 1519 (2003), 
implementation of the measures imposed in paragraphs 
1, 3 
and 7 above, in addition to the general and complete 
arms 
embargo reaffirmed in paragraph 6 above; 
 
   (b) to seek from all Member States, in particular 
those 
in the region, information regarding the actions 
taken by 
them to implement effectively the measures imposed by 
paragraphs 1, 3, and 7 above and whatever further 
information it may consider useful in this regard; 
 
   (c) to examine information regarding alleged 
violations 
of measures imposed by paragraphs 1, 3 and 7 above, 
paragraph 5 of resolution 733 (1992) and paragraphs 1 
and 
2 of resolution 1425 (2002), and take appropriate 
action 
if necessary; 
 
   (d) to designate individuals and entities pursuant 
to 
paragraphs 3 and 8 above, upon the request of Member 
States referred to in paragraph 12 below; 
 
   (e) to consider and decide upon requests for 
exemptions 
set out in paragraphs 2 and 4 above; 
 
   (f) to review regularly the list of individuals 
and 
entities designated by the Committee pursuant to 
paragraphs 3 and 8 above, with a view to keeping the 
list 
as updated and accurate as possible and to confirm 
that 
listings remain appropriate, and to encourage Member 
States to provide any additional information whenever 
such 
information becomes available; 
 
   (g) to report at least every 120 days to the 
Security 
Council on its work and on the implementation of this 
resolution, with its observations and 
recommendations, in 
particular on ways to strengthen the effectiveness of 
the 
measures imposed by paragraphs 1, 3 and 7 above; 
 
   (h) to identify possible cases of non-compliance 
with 
the measures pursuant to paragraphs 1, 3 and 7 above 
and 
to determine the appropriate course of action on each 
case, and requests the Chairman, in periodic reports 
to 
Council pursuant to paragraph 11(g) above to provide 
progress reports on the Committee's work on this 
issue; 
 
   (i) to amend its existing guidelines, to 
facilitate the 
implementation of the measures imposed by this 
resolution 
and keep these guidelines under active review as may 
be 
necessary; 
 
Listing 
 
¶12. Encourages Member States to submit to the 
Committee 
for inclusion on its list of designees, names of 
individuals or entities who meet the criteria set out 
in 
paragraph 8 above, as well as any entities owned or 
controlled, directly or indirectly, by the submitted 
individuals or entities or individuals or entities 
acting 
on behalf of or at the direction of the submitted 
entities; 
 
¶13. Decides that, when proposing names to the 
Committee 
for listing, Member States shall provide a detailed 
statement of case, together with sufficient 
identifying 
information to allow for the positive identification 
of 
individuals and entities by Member States, and 
decides 
further that for each such proposal Member States 
shall 
identify those parts of the statement of case that 
may be 
publicly released, including for use by the Committee 
for 
development of the summary described in paragraph 14 
below 
or for the purpose of notifying or informing the 
listed 
individual or entity, and those parts which may be 
released upon request to interested States; 
 
¶14. Directs the Committee, in coordination with the 
relevant designating States and with assistance of 
the 
Monitoring Group, after a name is added to the list, 
to 
make accessible on the Committee's website a 
narrative 
summary of reasons for listing; 
 
¶15. Decides that the Secretariat shall, after 
publication 
but within one week after a name is added to the list 
of 
individuals and entities, notify the Permanent 
Mission of 
the country or countries where the individual or 
entity is 
believed to be located and, in the case of 
individuals, 
the country of which the person is a national (to the 
extent this information is known) and to include with 
this 
notification a copy of the publicly releasable 
portion of 
the state of case, any information on reasons for 
listing 
available on the Committee's website, a description 
of the 
effects of designation, the Committee's procedures 
for 
considering delisting requests, and the provisions 
regarding available exemptions; 
 
¶16. Demands that Member States receiving notification 
as 
in paragraph 15 above take, in accordance with their 
domestic laws and practices, all possible measures to 
notify or inform in a timely manner the listed 
individual 
or entity of the designation, together with the 
information provided by the Secretariat as set out in 
paragraph 15 above; 
 
¶17. Encourages Member States receiving notification 
as in 
paragraph 15 above to inform the Committee on steps 
they 
have taken to implement the measures set out in 
paragraphs 
1, 3 and 7 above; 
 
Delisting 
 
¶18. Welcomes [Notes (Russia)] the establishment 
within the 
Secretariat of the Focal Point, pursuant to 
resolution 
1730 (2006), that provides listed individuals, 
groups, 
undertakings or entities with the option to submit a 
petition for de-listing directly to the Focal Point; 
 
¶19. Urges designating States and States of 
citizenship and 
residence to review de-listing petitions received 
through 
the Focal Point, in accordance with the procedures 
outlined in the annex to resolution 1730 (2006), in a 
timely manner and to indicate whether they support or 
oppose the request in order to facilitate the 
Committee's 
review; 
 
¶20. Directs the Committee to consider requests, in 
accordance with its guidelines, for the removal from 
the 
Committee's list of designees those who no longer 
meet the 
criteria pursuant to this resolution; 
 
¶21. Decides that the Secretariat shall, within one 
week 
after a name is removed from the Committee's list of 
designees, notify the Permanent Mission of the 
country or 
countries where the individual or entity is believed 
to be 
located and, in the case of individuals, the country 
of 
which the person is a national (to the extent this 
information is known), and demands that States 
receiving 
such notification take measures, in accordance with 
their 
domestic laws and practices, to notify or inform the 
concerns individual or entity of the delisting in a 
timely 
manner; 
 
¶22. Encourages the Committee to ensure the fair and 
clear 
procedures exist for placing individuals and entities 
on 
the Committee's list of designees and for removing 
them as 
well as for granting humanitarian exemptions; 
 
¶23. Decides that the mandate of the Monitoring Group, 
as 
set out in paragraph 3 of resolution 1811 (2008) 
shall 
also include the tasks outlined below: 
 
   (a) to assist the Committee in monitoring 
implementation of this resolution by providing any 
information on violations, of the measures imposed in 
paragraphs 1, 3 and 7 above, in addition to the 
general 
and complete arms embargo reaffirmed in paragraph 6 
above; 
 
   (b) to include in its reports to the Committee any 
information relevant to the Committee's designation 
of the 
individuals and entities described in paragraph 8 
above; 
 
   (c) to assist the Committee in compiling narrative 
summaries referred to in paragraph 14 above; 
 
¶24. Reminds all Member States of their obligation to 
implement strictly the measures imposed by this and 
all 
relevant resolutions; 
 
¶25. Decides that all Member States shall report to 
the 
Committee within 90 days of the adoption of this 
resolution on the steps they have taken with a view 
to 
implementing effectively paragraphs 1 and 7 above; 
 
¶26. Decides to review the measures imposed by 
paragraphs 
1, 3, and 7 above, with a view to their possible 
strengthening, in 12 months or sooner if necessary; 
 
¶27. Decides to remain actively seized of the matter. 
 
END TEXT 
RICE