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DE RUEHC #3203 3550213
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P R 200203Z DEC 08
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TO RUCNDT/USMISSION USUN NEW YORK PRIORITY 0000
INFO UN SECURITY COUNCIL COLLECTIVE
RUEHLGB/AMEMBASSY KIGALI 0000
RUEHKI/AMEMBASSY KINSHASA 0000
RHEHNSC/NSC WASHINGTON DC 0000
RUEATRS/TREASURY DEPT WASHINGTON DC 0000

UNCLAS STATE 133203 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: CG ETTC PGOV PREL UNSC
SUBJECT: USUN: INSTRUCTION TO VOTE IN FAVOR OF DRC 
SANCTIONS RESOLUTION 
 
¶1. This is an action request. Please see paragraph 2. 
 
¶2. USUN is instructed to vote in favor of the adoption of 
the DRC sanctions resolution text in paragraph 3. 
 
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TEXT OF RESOLUTION 
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¶3.  The Security Council, 
(1) Recalling its previous resolutions, in particular 
resolution 1804 (2008) and 1807 (2008), and the statements 
of its President concerning the Democratic Republic of the 
Congo, 
 
(2) 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, 
 
(3) 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, and demanding that all the parties to the Goma and 
Nairobi processes to respect the ceasefire and to 
implement their commitments effectively and in good faith, 
 
(4) 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, 
 
(5) Taking note of the interim and final reports 
(-S/2008/772 and -S/2008/773) of the Group of Experts on the 
Democratic Republic of the Congo ("the Group of Experts") 
established pursuant to resolution 1771 (2007) and 
extended pursuant to resolution 1807 (2008) and of its 
recommendations, 
 
(6) Condemning the continuing illicit flow of weapons 
within and into the Democratic Republic of the Congo and 
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, 
 
(7) Stressing the obligation for all States to abide by 
the notification requirements set out in paragraph 5 of 
resolution 1807 (2008), 
 
(8)     Reiterating the importance of the Government of 
the Democratic Republic of the Congo and the Governments 
of the region taking effective steps to ensure that there 
is no support, in and from their territories for the armed 
groups in the eastern part of the Democratic Republic of 
the Congo, 
 
(9) Supporting the Democratic Republic of the Congo 
decision to work toward enhancing revenue transparency in 
its extractive industries, 
 
(10) 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 major factors fuelling and exacerbating 
conflicts in the Great Lakes region of Africa, 
 
(11) Recalling its resolutions 1325 (2000) and 1820 (2008) 
on women, peace and security, its resolution 1502 (2003) 
on the protection of United Nations personnel, associated 
personnel and humanitarian personnel in conflict zones, 
its resolution 1612 (2005) on children in armed conflict 
and its resolution 1674 (2006) on the protection of 
civilians in armed conflicts, 
 
(12) Determining that the situation in the Democratic 
Republic of the Congo contin-ues 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 to renew until 30 November 2009 the 
measures on arms imposed by paragraph 1 of resolution 1807 
(2008) and reaffirms the provisions of paragraphs 2, 3 and 
5 of that resolution; 
 
¶2.      Decides to renew, for the period specified in 
paragraph 1 above, the measures on transport imposed by 
paragraphs 6, and 8 of resolution 1807 and reaffirms the 
provisions of paragraph 7 of that resolution; 
 
¶3.      Decides to renew, for the period specified in 
paragraph 1 above, the financial and travel measures 
imposed by paragraphs 9 and 11 of resolution  1807 (2008) 
and reaffirms the provisions of paragraphs 10 and 12 of 
that resolution; 
 
¶4.      Decides that the measures referred to in 
paragraph 3 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 , 
 
f)      Individuals obstructing the access to or the 
distribution of humanitarian assistance in the eastern 
part of the Democratic Republic of the Congo, 
 
g)      Individuals or entities supporting the illegal 
armed groups in the eastern part of the Democratic 
Republic of the Congo through illicit trade of natural 
resources, 
 
¶5.      Decides, for a further period ending on the date 
referred to in paragraph 1 above, that the measures in 
paragraph 3 above shall continue to apply to individuals 
and entities already designated pursuant to paragraphs 9 
and 11 of resolution 1807 (2008), paragraphs 13 and 15 of 
resolution 1596 (2005), paragraph 2 of resolution 1649 
(2005), and paragraph 13 of resolution 1698 (2006), unless 
the Committee decides otherwise; 
 
¶6.      Decides further to expand the mandate of the 
Committee as set out in paragraph 8 of resolution 
1533(2004) and expanded upon in paragraph 18 of resolution 
1596 (2005), paragraph 4 of resolution 1649 (2005) and 
paragraph 14 of resolution 1698 (2006) and reaffirmed in 
paragraph 15 of resolution 1807 (2008) to include the 
following tasks: 
 
(a) to review regularly the list of individuals and 
entities designated by the Committee pursuant to 
paragraphs 4 and 5 above with a view to keeping the list 
as updated and accurate as possible and to confirm that 
listing remains appropriate and to encourage Member States 
to provide any additional information whenever such 
information becomes available; 
 
(b) to promulgate guidelines in order to facilitate the 
implementation of the measures imposed by this resolution 
and keep them under active review as may be necessary. 
 
¶7.      Calls upon all States, in particular those of 
the region, to support the implementation of the measures 
specified in this resolution, to cooperate fully with the 
Committee in carrying out its mandate, to report to the 
Committee, within forty-five days from the date of 
adoption of this resolution, on the actions they have 
taken to implement the measures imposed by paragraphs 1, 
2, 3, 4 and 5 above and encourages all States to send 
representatives, at the Committee's request, to meet the 
Committee for more in-depth discussion of relevant issues; 
 
¶8.      Requests the Secretary-General to extend, for a 
period expiring on 30 November 2009, the Group of Experts 
established pursuant to resolution 1771 (2007) and 
requests the Group of Experts to fulfil its mandate as set 
out in paragraph 18 of resolution 1807 (2008) and to 
report to the Council in writing, through the Committee, 
by 15 May 2009 and again before 15 October 2009; 
 
¶9.      Decides that the mandate of the Group of Experts 
referred to in paragraphs 8 above shall also include the 
tasks outlined below: 
 
 (a) to include in its reports to the Committee any 
information relevant to the Committee's designation of the 
individuals and entities described in paragraph 4 and 5 
above; 
 
 (b) to assist the Committee in updating the publicly 
available reasons for listing and identifying information 
for individuals and entities referenced in paragraph 5 
above and in compiling narrative summaries referred to in 
paragraph 18 below. 
 
¶10. Requests the Group of Experts to continue to focus its 
activities in North and South Kivu and in Ituri ; 
 
¶11. Requests the Government of the Democratic Republic of 
the Congo, other governments in the region as appropriate, 
the United Nations Organization Mission in the Democratic 
Republic of the Congo (MONUC) and the Group of Experts, to 
cooperate intensively, including by exchanging information 
regarding arms shipments, the illegal trafficking in 
natural resources and activities of individuals and 
entities designated by the Committee pursuant to paragraph 
4 and 5 above ; 
 
¶12. Requests in particular that MONUC share  information 
with the Group of Experts, especially on the support 
received by armed groups, on recruitment and use of 
children and on the targeting of women and children in 
situations of armed conflicts; 
 
¶13. Further demands that all parties and all States ensure 
cooperation with the Group of Experts by individuals and 
entities within their jurisdiction or under their control; 
 
¶14. Reiterates its demand, expressed in paragraph 21 of 
resolution 1807, that all parties and all States, 
particularly those in the region, co-operate 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; 
 
¶15.     Encourages Member States to take measures, as 
they deem appropriate, to ensure that importers, 
processing industries and consumers of Congolese mineral 
products under their jurisdiction exercise due diligence 
on their suppliers and on the origin of the minerals they 
purchase; 
 
¶16.     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 4 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; 
 
¶17.     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 18 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; 
 
¶18.     Directs the Committee in coordination with the 
relevant designating States and with the assistance of the 
Group of Experts referred to in paragraph 8 above after a 
name is added to the list, to make accessible on the 
Committee's website a narrative summary of reasons for 
listing and further directs the Committee, with the 
assistance of the Group of Experts and in coordination 
with the relevant designating States, to update the 
publicly available reasons for listing and identifying 
information for the individuals and entities referred to 
in paragraph 5; 
 
¶19.     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 statement 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; 
 
¶20.     Demands that Member States receiving 
notification as in paragraph 19 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 19 above; 
 
¶21.     Welcomes 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; 
 
¶22.     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; 
 
¶23.     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; 
 
¶24.     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 
concerned individual or entity of the delisting in a 
timely manner; 
 
¶25.     Encourages the Committee to ensure that 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; 
 
¶26.     Decides that, when appropriate and no later 
than 30 November 2009, 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; 
 
¶27.     Decides to remain actively seized of the 
matter. 
 
End Text 
RICE