VZCZCXYZ0000
PP RUEHWEB

DE RUCNDT #1091/01 3241439
ZNR UUUUU ZZH
P 191439Z NOV 08
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 5398
INFO RUEHGG/UN SECURITY COUNCIL COLLECTIVE PRIORITY

UNCLAS USUN NEW YORK 001091 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PARM PREF PREL
SUBJECT: UN/COUNTERTERRORISM: 1267, CTC, AND 1540 COMMITTEE 
CHAIRS BRIEF SECURITY COUNCIL IN PUBLIC SESSION. 
 
¶1.  (U) Summary: The Chairs of the UN Security Council's 
Counter-Terrorism Committee (CTC), 1267 (Al-Qaida/Taliban) 
Sanctions Committee, and 1540 Committee on Nonproliferation 
briefed the Council in a public meeting on November 12.  The 
Chairs described their respective committee's accomplishments 
since May, outlined their future plans and noted increased 
cooperation amongst the three.  Following the briefings, 
Security Council members France, United States, Italy, 
Russia, United Kingdom, China, Burkina Faso, Vietnam, Panama, 
Indonesia and South Africa spoke.  Australia, Switzerland, 
Japan, Cuba, Israel and Venezuela also made statements.  USUN 
Alternate Representative for Special Political Affairs, 
Ambassador Rosemary DiCarlo, delivered a statement in 
accordance with Department instructions.  Most speakers 
supported recent modifications to the 1267 Committee 
procedures, including new "fair and clear" procedures for 
listing, de-listing, and reviewing names subject to 
sanctions.  Several speakers welcomed the publication of 
summary explanations for sanctions.  The CTC noted the 
analysis of preliminary implementation assessments (PIA's). 
The 1540 Committee highlighted its report, adopted in July, 
on Member States' development of new institutional 
mechanisms, legislation and enforcement measures.   According 
to the Chair, the report's data demonstrate qualitative 
progress toward implementation of UNSCR 1540, although more 
work is needed.  Venezuela and Cuba spoke about the case of 
Luis Posada-Carriles, as expected.  End Summary. 
 
Discussion on the 1267 Committee 
-------------------------------- 
 
¶2.  The presentation of the 1267 Committee Chair (Belgium) 
focused on the Committee's work to implement the new 
procedures for listing/delisting names that were mandated in 
UNSCR 1822 (adopted in June), reviewing the names on the 
Committee's Consolidated List, and posting "narrative 
summaries" of reasons for listing.  Most Council member 
statements in response focused on these enhancements, with 
all members (except, notably, Russia) emphasizing the need 
for due process and "fair and clear" procedures.   France 
(representing the EU) stressed that the UN must continue 
considering human rights and the rule of law, and welcomed UN 
leadership in finding proper ways to implement sanctions in 
the wake of the recent European Court of Justice decision on 
the 1267 sanctions (Qadi/Barakaat).  The United States, 
Japan, Italy and Israel, in addition to highlighting recent 
due process developments and concerns, asserted the necessity 
and political importance of maintaining the 1267 sanctions 
regime.  The other delegations lauded the recent developments 
in procedure resulting from UNSCR 1822, and encouraged Member 
States to abide by its provisions, principally by relaying 
information to the Committee to keep the Consolidated List 
updated consistently.  Switzerland (also representing 
Liechtenstein), however, raised its major concern that UNSCR 
1822 achieved no progress on certain deficiencies, including 
the lack of an independent review mechanism for listing 
procedures.  Further, Switzerland warned that if procedural 
progress were not made, its support for sanctions in the 
future would erode. 
 
DISCUSSION ON THE CTC (1373) 
---------------------------- 
 
¶3.  Several speakers expressed support for the 
Counter-Terrorism Committee Executive Directorate's targeted 
visits.  To date, the CTC has adopted 188 PIA's.  The 
Chairman said that the CTC expects to formally approve the 
remaining five PIA's over the next few months.  The Chairman 
also said that the CTC has endorsed a proposal to conduct a 
stocktaking of each Member State's implementation of 
resolution 1373. 
 
DISCUSSION ON THE 1540 COMMITTEE 
--------------------------------- 
 
¶4.  The Chairman of the 1540 Committee, Ambassador Jorge 
Urbina, said that the Committee's second report on the status 
of implementation of UNSCR 1540 had been adopted in July and 
noted some of the report's enforcement provisions including 
new institutional means and legislation.  Urbina also 
commented that 159 States had submitted the first reports 
required by the resolution.  Many speakers confirmed the 
importance of technical assistance to enhance compliance with 
resolution 1540. 
 
ACCUSATIONS BY VENEZUELA AND CUBA 
--------------------------------- 
 
¶5.  As in previous open meetings, Venezuela and Cuba both 
accused the United States of failing to comply with its 
obligations under counter terrorism resolutions by providing 
safe haven to Luis Posada-Carriles.  USUN responded, using 
 
 
Department guidance.  Taking the floor a second time, Cuba 
further alleged that Posada worked for the CIA and that this 
was the reason that the United States refused to try him for 
terrorist acts, or extradite him. 
 
¶6.  Cuba also accused the United States of injustice in the 
case of the five Cubans who were tried and convicted of 
spying.  Cuba claimed that these "five heroes" had been 
working against terrorism in Miami.  Cuba noted that a 
working group on arbitrary arrest convened by the United 
Nations had declared the arrest of these five men to be 
arbitrary.  USUN responded with department guidance, noting 
that none of the men had ever denied the charges of spying. 
The U.S. representative continued that these five men had 
received rights of due process for which citizens of Cuba are 
still waiting. 
 
¶7.  The Venezuelan representative said that his country had 
made a request to the U.S. government for Posada's 
extradition that falls within the extradition agreement in 
three treaties.  He asked why those treaties had not been 
honored, saying that Venezuela would continue to appeal for 
the cause to prosecute Posada.  In its response, USUN noted 
that the rights afforded to a defendant in the United States 
do not permit extradition if there is probability that the 
defendant will be tortured.  USUN reiterated that Posada is 
in the United States without legal status and that the United 
States is pursuing his removal in accordance with immigration 
regulations. 
Khalilzad