VZCZCXYZ0002
OO RUEHWEB

DE RUEHC #3354 0131928
ZNR UUUUU ZZH
O R 131919Z JAN 09
FM SECSTATE WASHDC
TO RUEHBS/AMEMBASSY BRUSSELS IMMEDIATE 0000
RUEHLGB/AMEMBASSY KIGALI IMMEDIATE 0000
RUEHLO/AMEMBASSY LONDON IMMEDIATE 0000
RUEHFR/AMEMBASSY PARIS IMMEDIATE 0000
INFO RUEHKI/AMEMBASSY KINSHASA 0000
RUCNDT/USMISSION USUN NEW YORK 0000
RHEHNSC/NSC WASHINGTON DC 0000
RUEATRS/TREASURY DEPT WASHINGTON DC 0000

UNCLAS STATE 003354 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EFIN ETTC KTFN PREL PTER ZF UNSC
SUBJECT: 4 NAMES TO BE ADDED TO UNSC DRC SANCTIONS 
COMMITTEE'S LIST 
 
REF: A. STATE 731 
     ¶B. 08 STATE 131896 
     ¶C. 08 PARIS 1695 
     ¶D. 08 USUN 808 
     ¶E. 08 BRUSSELS 1346 
     ¶F. 08 LONDON 2196 
     ¶G. 08 STATE 90905 
     ¶H. 08 KIGALI 568 
     ¶I. 08 STATE 86006 
     ¶J. 08 PARIS 1100 
     ¶K. 08 STATE 60880 
 
¶1. (U) This is an action request.  Please see para 3. 
 
------------------- 
STRATEGIC OBJECTIVE 
------------------- 
¶2. (SBU) The United States wishes to lift our holds on a 
Government of Rwanda request to the UN Security Council 
Committee established pursuant to resolution 1533 (2004) 
concerning the Democratic Republic of the Congo ("the DRC 
Committee") to list four individuals (para 7) linked to the 
Forces Democratiques de Liberation du Rwanda ("FDLR").  Once 
listed, these four individuals will be subject to an asset 
freeze and travel ban. 
 
-------------- 
ACTION REQUEST 
-------------- 
¶3. (U) Embassy Kigali is instructed to present to the 
Government of Rwanda (GOR) and to ask whether the GOR would 
care to present these enhanced Statements of Case (para 8) to 
the DRC Committee as its own.  Embassies London and Paris are 
requested to inform host governments that we believe this 
approach best serves our goals to enhance transparency and 
due process in UNSC sanctions regimes.  Posts may draw on the 
points in paragraphs 9 and 10 below when discussing with host 
governments. 
 
---------- 
BACKGROUND 
---------- 
¶4. (SBU) In May 2008, the Government of Rwanda requested that 
the UN Security Council DRC Sanctions Committee list nineteen 
individuals linked to the FDLR.  The GOR submission was 
twelve pages long, and it was clearly resource-intensive to 
produce.  However, the submission was not fully supported by 
complete identification information ("bio-identifiers") for 
each individual and information demonstrating that each 
individual meets the listing criteria.  This information is 
necessary in order to ensure that there are fair and clear 
procedures for implementing UN sanctions.  Therefore, U.S., 
UK, Belgium, and France placed holds on the entire GOR 
submission. 
 
¶5. (SBU) The U.S. thanked the GOR for its extraordinary 
effort and expressed a desire to work with the GOR to list as 
many of the individuals as possible.   Since May 2008, the 
USG has worked to develop "evidentiary packages" (the 
compilation of all necessary information) for the 
individuals, and during this process we learned of additional 
bio-identifiers than those provided by the GOR.  The U.S. can 
now agree to the DRC Committee listing the four individuals 
from the GOR submission listed in para 7, and has shared 
information in New York and in capitals with a view to 
jointly lifting the holds. 
 
¶6. (SBU) Given events in the DRC, allies have been anxious to 
take action as soon as possible, and we share the desire to 
move forward on this listing as soon as possible.  It is 
important for countries in the region to make listing 
proposals so that sanctions are not viewed as a mere tool of 
the U.S., UK, and France. 
 
----------- 
INDIVIDUALS 
----------- 
¶7. (U) Names 
 
      (1) MBARUSHIMANA, Callixte 
      (2) NTAWUNGUKA, Pacifique 
      (3) MUJYAMBERE, Leopold 
      (4) NZEYIMANA, Stanislas 
 
------------------ 
STATEMENTS OF CASE 
------------------ 
¶8. Statements of Case to be provided to the DRC Committee: 
 
      (1) MBARUSHIMANA, Callixte 
      AKA:        - 
      Title:      FDLR Executive Secretary 
      DOB:        24 July 1963 
      POB:        Ndusu/Ruhengeri, Northern Province, Rwanda 
      Nationality:      Rwandan 
      Location:   Paris or Thiais, France 
      Designation Justification:  Callixte Mbarushimana is a 
military leader of a foreign armed group operating in the 
Democratic Republic of the Congo that impedes the 
disarmament, repatriation, or resettlement of combatants. 
 
      (2) NTAWUNGUKA, Pacifique 
      AKA:        NTAWUNGULA, Pacifique 
      AKA:        Colonel Omega 
      AKA:        Nzeri 
      AKA:        Israel 
      Title:      Commander of FDLR 1st Division 
      Title:      Colonel 
      DOB:        01 January 1964 
      DOB:        Est. 1964 
      POB:        Gaseke, Gisenyi Province, Rwanda 
      Nationality:      Rwandan 
      Location:   Peti, Walikale - Masisi Border, DRC 
      Designation Justification: Pacifique Ntawunguka is a 
political leader of a foreign armed group operating in the 
Democratic Republic of the Congo that impedes the 
disarmament, repatriation, or resettlement of combatants. 
 
      (3) MUJYAMBERE, Leopold 
      AKA:        Ibrahim, Frere Petrus 
      AKA:        Musenyeri 
      AKA:        Achille 
      Title:      Commander, FDLR CO 2nd Division 
      Title:      Colonel 
      DOB:        17 March 1962 
      DOB:        Est. 1966 
      POB:        Kigali, Rwanda 
      Nationality:      Rwandan 
      Location:   Mwenga, South Kivu Province, DRC 
      Designation Justification: Leopold Mujyambere is a 
military leader of a foreign armed group operating in the 
Democratic Republic of the Congo that impedes the 
disarmament, repatriation, or resettlement of combatants. 
 
      (4) NZEYIMANA, Stanislas 
      AKA:        BIGARUKA IZABAYO, Deogratias 
      AKA:        Bigarura 
      AKA:        Bigaruka 
      AKA:        Izabayo Deo 
      Title:      Deputy Overall Commander FOCA 
      Title:      Brig. General 
      DOB:        01 January 1966 
      DOB:        Est. 1967 
      DOB:        alt. 28 August 1966 
      POB:        Mugusa (Butare), Rwanda 
      Nationality:      Rwandan 
      Location:   Kalonge, Masisi, North Kivu, DRC 
      Location:   Kibua, DRC 
      Designation Justification: Stanislas Nzeyimana is a 
military leader of a foreign armed group operating in the 
Democratic Republic of the Congo that impedes the 
disarmament, repatriation, or resettlement of combatants. 
 
--------------------- 
POINTS FOR DISCUSSION 
--------------------- 
¶9. (U) Posts may draw on the following points in discussions 
with the Government of Rwanda: 
 
-- The U.S. would like to thank the GOR again for its 
extraordinary effort and wants to work with the GOR to list 
as many of the individuals as possible. 
 
-- In order to ensure UN sanctions are implemented in as fair 
and transparent a manner as possible, each listing should be 
supported by adequate identifying information and information 
demonstrating that each individual meets the listing 
criteria. 
 
-- The Government of Rwanda's submission was clearly the 
result of much effort.  However, some supporting information, 
particularly bio-identifiers, required for effective 
implementation of UN sanctions was not included. 
 
-- The U.S. has developed additional identifier information 
for four of the individuals (found in para 8) in the GOR,s 
submission.  The U.S. stands ready to support these four 
listings once the UNSC DRC Sanctions Committee has the 
additional identifiers. 
 
-- The U.S. respectfully requests the GOR consider 
resubmitting these four individuals for listing with the 
additional information, to the DRC Committee. 
 
-- Once the new submission is made, there will be a five day 
no objection deadline during which the 15 members of the 
Committee will review the information.  We are confident the 
DRC Committee Members will be agreeable to the listing of the 
four individuals when the additional information is presented. 
 
¶10. (U) Posts may draw on the following points in discussions 
with the Governments of the UK, France, and Belgium: 
 
-- The Government of Rwanda's submission was clearly 
resource-intensive to produce.  We should be respectful of 
the work they have done, and allow them to take the lead as 
the designating state. 
 
-- We (U.S., UK, Belgium, and France) can cosponsor the 
designations, but we should not submit the four names as our 
own new submission, because this would discourage Rwanda's 
efforts. 
 
-- Non-western governments, particularly those with strong 
interests in a particular sanctions regime, should be 
encouraged to propose listings.  A lack of their 
participation can fuel the perception that sanctions 
committees are primarily a tool of western governments. 
 
-- Blocking the GOR submission and submitting the names as 
our own proposal would likely discourage other countries from 
proposing names for designation. 
 
-- Every listing in the DRC Committee has been submitted by 
the UK, France and the U.S.  It is an important development 
that a country from the region is trying to work within the 
UN sanctions program to pressure bad actors in the conflict. 
 
-------------------------- 
POC AND REPORTING DEADLINE 
-------------------------- 
¶11. (U) Jean Clark in IO's Office of Peacekeeping, Sanctions, 
and Counterterrorism (clarkjt@state.sgov.gov, 202.736.7736) 
is the point of contact.  Reporting deadline is 16 January. 
 
 
¶12. (U) Department appreciates Posts' efforts. 
RICE