O 051549Z JUN 09
FM SECSTATE WASHDC
TO PAGE 02        STATE   058107  051610Z
USMISSION USUN NEW YORK IMMEDIATE
INFO UN SECURITY COUNCIL COLLECTIVE IMMEDIATE
AMEMBASSY SEOUL IMMEDIATE

UNCLAS STATE 058107 
 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PARM UNSC KN
 
SUBJECT: DPRK: CIRCULATE DRAFT RESOLUTION 
 
¶1. This is an action request.   USUN is authorized to 
circulate the draft resolution in paragraph 2 to all members 
of the UN Security Council.   If other members of the P-5   2 
break silence on this text, USUN should consult with the 
Department before taking further action. 
 
¶2. Begin text of draft resolution: 
 
The Security Council, 
 
Recalling its previous relevant resolutions, including 
resolution 825 (1993), resolution 1540 (2004), resolution 
1695 (2006), and, in particular, resolution 1718 (2006), as 
well as the statements of its President of 6 October 2006 
S/PRST/2006/41 and 13 April 2009 S/PRST/2009/, 
 
Reaffirming that proliferation of nuclear, chemical and 
biological weapons, as well as their means of delivery, 
constitutes a threat to international peace and security, 
 
Expressing the gravest concern at the nuclear test conducted 
by the Democratic People,s Republic of Korea ("the DPRK") on 
25 May 2009 (local time) in violation of resolution 1718 
(2006), and at the challenge such a test constitutes to the 
Treaty on Non-Proliferation of Nuclear Weapons ("the NPT") 
and to international efforts aimed at strengthening the 
global regime of non-proliferation of nuclear weapons towards 
the 2010 NPT Review Conference, and the danger it poses to 
peace and stability in the region and beyond, 
 
Stressing its collective support for the NPT and commitment 
to strengthen the Treaty in all its aspects, and global 
efforts towards nuclear non-proliferation and nuclear 
disarmament, and recalling that the DPRK cannot have the 
status of a nuclear-weapon state in accordance with the NPT 
in any case, 
 
Deploring the DPRK's announcement of withdrawal from the NPT 
and its pursuit of nuclear weapons, 
 
Underlining once again the importance that the DPRK respond 
to other security and humanitarian concerns of the 
international community, 
 
Underlining also that measures imposed by this resolution are 
not intended to have adverse humanitarian consequences for 
the civilian population of the DPRK, 
 
Expressing its gravest concern that the nuclear test and 
missile activities carried out by the DPRK have further 
generated increased tension in the region and beyond, and 
determining that there continues to exist a clear threat to 
international peace and security, 
 
Acting under Chapter VII of the Charter of the United 
Nations, and taking measures under its Article 41, 
 
¶1.  Condemns in the strongest terms the nuclear test 
conducted by the DPRK on 25 May 2009 (local time) in 
violation and flagrant disregard of its relevant resolutions, 
in particular resolutions 1695 (2006) and 1718 (2006), and 
the statement of its President of 13 April 2009 
S/PRST/2009/7; 
 
¶2.  Demands that the DPRK not conduct any further nuclear 
test or any launch using ballistic missile technology; 
 
¶3.  Decides that the DPRK shall suspend all activities 
related to its ballistic missile programme and in this 
context re-establish its pre-existing commitments to a 
moratorium on missile launches; 
 
¶4.  Demands that the DPRK immediately comply fully with its 
obligations under relevant Security Council resolutions, in 
particular resolution 1718 (2006); 
 
¶5.  Demands that the DRPK immediately retract its 
announcement of withdrawal from the NPT; 
 
¶6.  Demands further that the DPRK return at an early date to 
the NPT and International Atomic Energy Agency (IAEA) 
safeguards, and underlines the need for all States Parties to 
the NPT to continue to comply with their Treaty obligations; 
 
¶7.  Calls upon all Member States to implement their 
obligations pursuant to resolution 1718 (2006), including 
with respect to designations made by the Committee 
established by resolution 1718 (2006) ("the Committee") 
pursuant to the statement of its President of 13 April 2009 
S/PRST/2009/7; 
 
¶8.  Decides that the DPRK shall abandon all nuclear weapons 
and existing nuclear programmes in a complete, verifiable and 
irreversible manner and immediately cease all related 
activities, shall act strictly in accordance with the 
obligations applicable to parties under the NPT and the terms 
and conditions of the IAEA Safeguards Agreement (IAEA 
INFCIRC/403) and shall provide the IAEA transparency measures 
extending beyond these requirements, including such access to 
individuals, documentation, equipment and facilities as may 
be required and deemed necessary by the IAEA; 
 
¶9.  Decides that the measures in paragraph 8(b) of resolution 
1718 (2006) shall also apply to all arms and related 
materiel, as well as  to financial transactions, technical 
training, advice, services or assistance related to the 
provision, manufacture, maintenance or use of such arms or 
materiel; 
 
¶10.  Decides that the measures in paragraph 8(a) of 
resolution 1718 (2006) shall also apply to all arms and 
related materiel, as well as to financial transactions, 
technical training, advice, services or assistance related to 
the provision, manufacture, maintenance or use of  such arms, 
except for small arms and light weapons and their related 
materiel, and calls upon States to exercise vigilance over 
the direct or indirect supply, sale or transfer to the DPRK 
of small arms or light weapons, and further decides that 
States shall notify the Committee at least five days prior to 
selling, supplying or transferring small arms or light 
weapons to the DPRK; 
 
¶11.  Decides that all States shall inspect, in accordance 
with their national legal authorities and consistent with 
international law, all cargo to and from the DPRK, in their 
territory, including seaports and airports, if the State 
concerned has reasonable grounds to believe the cargo 
contains items the supply, sale, transfer, or export of which 
is prohibited by paragraph 8(a), 8(b), or 8(c) of resolution 
1718 or by paragraph 9 or 10 of this resolution, for the 
purpose of ensuring strict implementation of those provisions; 
 
¶12.   Decides that all Member States are authorized to 
inspect vessels, with the consent of the flag State, on the 
high seas, if there are reasonable grounds to believe that 
the cargo of such vessels contains items the supply, sale, 
transfer, or export of which is prohibited by paragraph 8(a), 
8(b), or 8(c) of resolution 1718 (2006) or by paragraph 9 or 
10 of this resolution, for the purpose of ensuring strict 
implementation of those provisions; 
 
¶13.  Decides that all States shall cooperate with inspections 
pursuant to paragraph 11 and 12, and, if the flag State does 
not consent to inspection on the high seas, decides that the 
flag State shall direct the vessel to proceed to an 
appropriate and convenient port for the required inspection 
by the local authorities; 
 
¶14.  Decides to authorize all Member States to, and that all 
Member States shall, seize and dispose of items the supply, 
sale, transfer, or export of which is prohibited by paragraph 
8(a), 8(b) or 8(c) of resolution 1718  or by paragraph 9 or 
10 of this resolution that are identified  in inspections 
pursuant to paragraphs 11, 12 or 13 in a manner that is not 
inconsistent with their obligations under applicable Security 
Council resolutions, including resolution 1540 (2004), as 
well as any obligations of parties to the NPT, the Convention 
on the Prohibition of the Development, Production, 
Stockpiling and Use of Chemical Weapons and on Their 
Destruction of 10 April 1972, and the Convention on the 
Prohibition of the Development, Production and Stockpiling of 
Bacteriological (Biological) and Toxin Weapons and on Their 
Destruction of 10 April 1972, and decides further that all 
States shall cooperate in such efforts; 
 
¶15.  Requires any Member State,  when it undertakes an 
inspection pursuant to  paragraph 11, 12 or 13, or seizes and 
disposes of cargo pursuant to paragraph 14, to submit 
promptly reports containing relevant details to the Committee 
on the inspection, seizure and disposal; 
 
¶16.  Requires any Member State, when it does not receive the 
cooperation of a flag State pursuant to paragraphs 12 or 13 
to submit promptly to the Committee a report containing 
relevant details; 
 
¶17.  Decides that Member States shall prohibit the provision 
by their nationals or from their territory of bunkering 
services, such as provision of fuel or supplies, or other 
servicing of vessels, to DPRK vessels if there are reasonable 
grounds to believe they are carrying items  the supply, sale, 
transfer, or export of which is prohibited by paragraph 8(a), 
8(b), or 8(c) resolution 1718 (2006) or by paragraph 9 or 10 
of this resolution, unless provision of such services is 
necessary for humanitarian purposes or until such time as the 
cargo has been inspected, and seized and disposed of if 
necessary, and underlines that this paragraph is not intended 
to affect legal economic activities; 
 
¶18.  Calls upon Member States, in addition to implementing 
their obligations pursuant to paragraphs 8(d) and (e) of 
resolution 1718 (2006), to prevent the provision of financial 
services or the transfer to, through, or from their 
territory, or to or by their nationals or entities organized 
under their laws (including branches abroad), or persons or 
financial institutions in their territory, of any financial 
or other assets or resources that could contribute to the 
DPRK,s nuclear-related, ballistic missile-related, or other 
weapons of mass destruction-related programs or activities, 
including by freezing any financial or other assets or 
resources on their territories or that hereafter come within 
their territories, or that are subject to their jurisdiction 
or that hereafter become subject to their jurisdiction,  that 
are associated with such programs or activities and applying 
enhanced monitoring to prevent all such transactions in 
accordance with their national authorities and legislation; 
 
¶19.  Calls upon all Member States and international financial 
and credit institutions not to enter into new commitments for 
grants, financial assistance, or concessional loans to the 
DPRK, except for humanitarian and developmental purposes 
directly addressing the needs of the civilian population, or 
the promotion of denuclearization, and also calls upon States 
to exercise enhanced vigilance with a view to reducing 
current commitments; 
 
¶20.  Calls upon all Member States not to provide public 
financial support for trade with the DPRK (including the 
granting of export credits, guarantees or insurance to their 
nationals or entities involved in such trade) where such 
financial support could contribute to the DPRK,s 
nuclear-related or ballistic missile-related or other 
WMD-related programs or activities; 
 
¶21.  Emphasizes that all Member States should comply with the 
provisions of paragraph 8(a)(iii) and 8(d) of resolution 1718 
(2006) without prejudice to the activities of the diplomatic 
missions in the DPRK; 
 
¶22.  Calls upon all Member States to report to the Security 
Council within forty-five days of the adoption of this 
resolution and thereafter upon request by the Committee on 
concrete measures they have taken in order to implement 
effectively the provisions of paragraph 8 of resolution 1718 
(2006) as well as paragraphs 9 and 10 of this resolution, as 
well as financial measures set out in paragraphs 18, 19 and 
20 of this resolution; 
 
¶23.  Calls upon the DPRK to report urgently on its 
implementation of the obligations pursuant to resolution 1540 
(2006); 
 
¶24.  Decides that the measures set out at paragraphs 8(a), 
8(b) and 8(c) of resolution 1718 (2006) shall also apply to 
the items listed in INFCIRC/254/Rev.9/Part 1a and 
INFCIRC/254/Rev.7/Part 2a; 
 
¶25.  Decides to adjust the measures imposed by paragraph 8 of 
resolution 1718 (2006) and this resolution, including through 
the designation of entities, goods, and individuals, and 
directs the Committee to undertake its tasks to this effect 
and to report to the Security Council within thirty days of 
adoption of this resolution, and further decides that, if the 
Committee has not acted, then the Security Council will 
complete action to adjust the measures within seven days of 
receiving that report; 
 
¶26. Decides that the Committee shall intensify its efforts to 
promote the full implementation of resolution 1718 (2006), 
the Security Council,s presidential statement of 13 April 
2009 and this resolution, through a work programme covering 
compliance, investigations, outreach, dialogue, assistance 
and cooperation, to be submitted to the Council by 15 July 
2009, and that it shall also receive and consider reports 
from Member States pursuant to paragraphs 10, 15, 16 and 22 
of this resolution; 
 
¶27. Requests the Secretary-General to create for an initial 
period of one year, in consultation with the Committee, a 
group of up to seven experts, acting under the direction of 
the Committee to carry out the following tasks: (a) assist 
the Committee in carrying out its mandate as specified in 
resolution 1718 (2006) and the functions specified in 
paragraph 26 of this resolution;  (b)  gather, examine and 
analyze information from States, relevant United Nations 
bodies and other interested parties regarding the 
implementation of the measures imposed in resolution 1718 
(2006) and in this resolution, in particular incidents of 
non-compliance;  (c) make recommendations on actions the 
Council, or the Committee or Member States, may consider to 
improve implementation of the measures imposed in resolution 
1718 (2006) and in this resolution; and  (d) provide an 
interim report on its work to the Council no later than 90 
days after adoption of this resolution, and a final report to 
the Council no later than 30 days prior to termination of its 
mandate with its findings and recommendations; 
 
¶28.  Urges all States, relevant United Nations bodies and 
other interested parties, to cooperate fully with the 
Committee and the Panel of Experts, in particular by 
supplying any information at their disposal on the 
implementation of the measures imposed by resolution 1718 
(2006) and this resolution; 
 
¶29.  Calls upon all Member States to exercise vigilance and 
prevent specialized teaching or training of DPRK nationals 
within their territories or by their nationals, of 
disciplines which could contribute to the DPRK,s 
proliferation sensitive nuclear activities and the 
development of nuclear weapon delivery systems; 
 
¶30.   Calls upon the DPRK to join the Comprehensive Test-Ban 
Treaty as soon as possible; 
 
¶31.  Supports peaceful dialogue, calls upon the DPRK to 
return immediately to the Six Party Talks without 
precondition, and urges all the participants to intensify 
their efforts on the full and expeditious implementation of 
the Joint Statements issued on 19 September 2005 and 13 
February 2007, and the Joint Document issued on 3 October 
2007, by China, the DPRK, Japan, the Republic of Korea, the 
Russian Federation and the United States, with a view to 
achieving the verifiable denuclearization of the Korean 
Peninsula and to maintain peace and stability on the Korean 
Peninsula and in north-east Asia; 
 
¶32.  Expresses its commitment to a peaceful, diplomatic and 
political solution to the situation and welcomes efforts by 
Council members as well as other Member States to facilitate 
a peaceful and comprehensive solution through dialogue and to 
refrain from any actions that might aggravate tensions; 
 
¶33.  Affirms that it shall keep the DPRK's actions under 
continuous review and that it shall be prepared to review the 
appropriateness of the measures contained in paragraph 8 of 
resolution 1718 (2006) and paragraphs 8 and 9 of this 
resolution, including the strengthening, modification, 
suspension or lifting of the measures, as may be needed at 
that time in light of the DPRK's compliance with provisions 
of resolution 1718 (2006) and this resolution; 
 
¶34.  Underlines that further decisions will be required, 
should additional measures be necessary; 
 
¶35.  Decides to remain actively seized of the matter. 
 
End Draft Resolution. 
CLINTON 
 
 
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End Cable Text