O 241606Z JUN 09
FM SECSTATE WASHDC
TO ALL DIPLOMATIC POSTS COLLECTIVE IMMEDIATE

UNCLAS STATE 065483 
 
 
E.O. 12958: N/A 
TAGS: PARM PREL MNUC MTCRE KN
 
SUBJECT: IMPLEMENTING UN SECURITY COUNCIL RESOLUTION 
(UNSCR) 1874 
 
SUMMARY 
-------- 
 
¶1.  (U) This is an action request.  See para 5. 
 
¶2.  (U) The United Nations Security Council unanimously 
adopted Resolution 1874 on June 12.  This resolution 
unequivocally condemns North Korea's May 25 claimed nuclear 
test, imposes unprecedented new measures to address the threat 
posed by North Korea's nuclear and missile proliferation 
activities, and calls upon the DPRK to return immediately to 
the Six-Party Talks without preconditions.  The resolution 
imposes a range of sanctions against North Korean entities 
involved in Pyongyang's nuclear, ballistic missile, other WMD, 
conventional, and other military-related activities, and 
imposes a ban on both imports and exports of conventional 
weapons to or from the DPRK, except for the export of small 
arms and light weapons to the DPRK.  It also contains specific 
provisions related to preventing the DPRK from shipping 
proscribed items.  In particular, the Resolution calls upon UN 
Member States to: 
 
-- Inspect, in accordance with their national authorities and 
legislation 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 proscribed by Resolutions 
1718 and 1874. 
 
-- Inspect vessels, with the consent of the flag State, on the 
high seas, if they have information that provides reasonable 
grounds to believe that the cargo of such vessels contains 
items the supply, sale, transfer, or export of which is 
prohibited by Resolutions 1718 and 1874. 
 
-- Cooperate with inspections pursuant to the resolution. 
 
The resolution also requires that: 
 
-- if the flag State does not consent to inspection on the 
high seas, that the flag State shall direct the vessel to 
proceed to an appropriate and convenient port for the required 
inspection by the local authorities pursuant to the resolution. 
 
-- member states seize and dispose of contraband found during 
inspection. 
 
-- a member state reports to the 1718 Sanctions Committee when 
it undertakes an inspection or seizes and disposes of 
contraband. 
 
-- member states promptly report to the 1718 Committee if a 
flag state refuses to cooperate with the inspection provisions. 
 
-- all Member States 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 they have information that provides 
reasonable grounds to believe they are carrying items the 
supply, sale, transfer, or export of which is prohibited by 
resolutions 1718 and 1874, 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. 
 
¶3.  (U) These provisions attempt to combat potential 
proliferation by the DPRK of arms and related materiel, as 
well as nuclear and missile-related items.  Additionally, 
prohibiting the provision of any maritime services to North 
Korean-owned, operated or flagged ships suspected of engaging 
in the proliferation of nuclear or missile-related items, as 
well as arms and related materiel, may serve to deter future 
proliferation by the DPRK. 
 
¶4. (U) Beyond implementation of the specific measures in UNSCR 
1874, we request that member states set an example and assure 
transparency in their dealings with North Korea, preferably 
through a protocol of inspecting shipments received from North 
Korea, whether or not there is specific evidence that the 
cargo is in violation of UNSCR 1874.  This will help avoid 
potentially complicated challenge inspections at sea and 
maximize the prospect that North Korea will return to the path 
of denuclearization, without interfering with legitimate trade. 
 
ACTION REQUEST/OBJECTIVES 
------------------------- 
 
¶5.  (U) Posts that were not action addressees of State 64133 
are instructed to approach appropriate host-nation officials 
as soon as possible and seek their cooperation in carrying out 
the inspection-related provisions of UNSCR 1874 and providing 
transparency in their interactions with North Korea.  In doing 
so, Posts should: 
 
-- Encourage states to be vigilant to the prospect of North 
Korean transfers of proscribed materials. 
 
-- Impress upon states the threat posed by the DPRK's nuclear 
weapon, ballistic missile, other WMD, and conventional weapons 
programs. 
 
-- Impress upon states that the Resolution forbids the 
purchase of all weapons systems from the DPRK. 
 
-- Note the DPRK has transferred items previously that are 
proscribed by UNSCRs 1874 and 1718 and is likely to attempt 
transfers in the future. 
 
-- Stress the need for states to be transparent with any 
dealings they might have with North Korea in order to build 
international confidence in implementation of UNSCR 1874. 
 
-- Note that North Korean-flagged vessels may attempt to 
obtain bunkering services outside of port facilities in order 
to avoid inspection.  For this reason, UNSCR 1874 imposes 
obligations on member states to deny provision of such 
services, where there are reasonable grounds to believe the 
North Korean vessels are transporting proscribed items (except 
where necessary for humanitarian purposes). 
 
Posts may draw from the Summary and Objectives in paras 2-5, 
as well as the Talking Points below, as appropriate. 
 
TALKING POINTS/NON-PAPER 
------------------------ 
 
¶6.  (U).  The following may also be left as a non-paper. 
BEGIN TALKING POINTS/NON-PAPER: 
 
-- We would like to discuss the implementation of the new UN 
Security Council Resolution adopted in response to North 
Korea's May 25 nuclear test. 
 
-- As you know, the Security Council unanimously adopted UNSCR 
1874 on June 12.  The resolution contains measures to prevent 
North Korea from transferring nuclear, ballistic missile, or 
other WMD-related items, as well as other arms or related 
materiel.  However, these measures must be fully enforced by 
all Member States to ensure their effectiveness and prevent 
dangerous proliferation activities by the DPRK from continuing. 
 
-- In particular, we would like to highlight the provisions of 
paragraph 11 of UNSCR 1874, which calls upon States to inspect 
all cargo to and from the DPRK in your territory, including 
seaports and airports, if you obtain information providing 
reasonable grounds to believe this cargo would be prohibited 
by UNSCR 1718 or UNSCR 1874. 
 
-- We encourage you to conduct as thorough an inspection of 
such cargo as your national authorities and legislation will 
allow.  We believe that North Korea's pattern of dangerous 
proliferation and its repeated willful violations of 
international law raise legitimate suspicions about North 
Korea cargo. 
 
-- UNSCR 1874 also calls upon member states to inspect vessels, 
with the consent of the flag State, on the high seas, if there 
are reasonable grounds to believe that the vessel's cargo 
contains items the supply, sale, transfer, or export of which 
is prohibited by UNSCRs 1718 or 1874. 
 
-- Paragraph 13 of UNSCR 1874 calls upon all states to 
cooperate with the inspection provisions of the Resolution, 
and requires flag states that do not consent to inspection of 
a particular vessel on the high seas (where there are 
reasonable ground to believe that the vessel is carrying 
proscribed cargo) to direct the vessel to proceed to an 
appropriate and convenient port for required inspection. 
 
-- Member states are required to promptly report to the 1718 
Committee if a flag state refuses to cooperate with the 
inspection provisions. 
 
-- UNSCR 1874 also requires that member states seize and 
dispose of contraband found during inspection and to report to 
the 1718 Sanctions Committee when it undertakes an inspection 
or seizes and disposes of contraband. 
 
-- We realize that not all states have the capacity to conduct 
inspections of ships on the high seas.  However, we encourage 
all states to be vigilant regarding potential shipments of 
proscribed items, particularly by North Korea, and to work 
with other member states to carry out the provisions in the 
resolution. 
 
-- We also seek your cooperation if vessels of concern are be 
diverted to your ports for inspection. 
 
-- We are willing to discuss the provision of assistance 
should states require additional capacity to carry out 
inspections. 
 
-- The resolution also requires/requires member states to 
prohibit the provision of bunkering services, such as 
provision of fuel or provisions, or other servicing of 
vehicles, to DPRK vessels if there is information providing 
reasonable grounds to believe they are carrying proscribed 
items.  The resolution contains an exception to permit 
provision of such services if it is necessary for humanitarian 
purposes or until such time as the cargo has been inspected, 
and seized and disposed of if necessary. 
 
-- We are concerned that, in the past, North Korean vessels 
suspected of carrying banned goods have used international 
waters to avoid inspection and used bunkering services outside 
of territorial waters to avoid inspection. 
 
-- We are particularly concerned about the provision of 
bunkering services facilitating the ability of North Korean 
vessels to transport proliferation-related cargoes outside the 
Asia-Pacific region. 
 
-- We believe that rigorous enforcement of UNSCR 1874's 
prohibitions on providing bunkering services could prevent 
North Korean efforts to evade inspection and detection of 
possible cargoes of proliferation concern. 
 
-- We, therefore, strongly urge your government to enforce 
UNSCR 1874's prohibitions on bunkering as vigorously as 
possible. 
 
-- With the cooperation of our international partners, we also 
seek to increase the transparency of all states in dealings 
they might have with North Korea, especially in areas that are 
addressed in UNSCRs 1718 and 1874.  Only then can we build 
international confidence in the implementation of these 
resolutions. 
 
-- Specifically, given the threat of North Korean 
proliferation and to ensure full implementation of UNSCR 1874, 
the United States encourages states to maximize transparency 
in all transactions and shipments from North Korea.  States 
engaged in legitimate business with North Korea should welcome 
the opportunity to demonstrate that they are in compliance 
with the Resolution, and contribute to the effort to 
discourage efforts by the DPRK to conceal illicit trade. 
 
-- FOR NEW DELHI, ISLAMABAD, AND COLOMBO ONLY:  Due to your 
country's strategic location along maritime or air routes 
between North Korea and the Middle East, we urge you to 
enhance your vigilance of North Korean cargo that may contain 
items prohibited by UNSCRs 1718 or 1874. 
 
END POINTS 
 
¶7. (U) REPORTING REQUIREMENT:  Please report response to this 
demarche within five business days of receipt of this cable. 
 
¶8. (U) POINT OF CONTACT:  Washington POC for follow-up and 
further information is Mark Felipe, ISN/CPI, 202-647-5376, 
felipem2@state.sgov.gov. 
 
¶9. (U) Department thanks Posts for their assistance.  Please 
slug all responses for ISN, IO, USUN, and T. 
CLINTON 
 
 
NNNN 
 



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