VZCZCXYZ0000
OO RUEHWEB

DE RUEHC #0438 2992336
ZNR UUUUU ZZH
O R 262313Z OCT 09
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
INFO RUEHBS/USEU BRUSSELS
RUEHAB/AMEMBASSY ABIDJAN 0000
RUEHFR/AMEMBASSY PARIS 0000
RUEATRS/TREASURY DEPT WASHINGTON DC 0000
RUEKJCS/SECDEF WASHINGTON DC
RHEHAAA/WHITE HOUSE WASHINGTON DC

UNCLAS STATE 110438 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KDEM KTFN PGOV PHUM PINS PREL PTER UNSC
SUBJECT: USUN INSTRUCTION: COTE D'IVOIRE SANCTIONS 
 
REF: USUN NEW YORK 871 
 
¶1. This is an action request.  USUN is instructed to vote in 
favor of the adoption of the resolution (text in para 2) that 
will renew the UNSC Cote d'Ivoire sanctions regime and extend 
the mandate of the Group of Experts for an additional 12 
months.  Delegations are not expected to make statements, but 
USUN may draw from the points in para 3 below if there is a 
need for the Mission to speak after the vote.  During the 27 
October session, USUN may draw on the points in para 4 below. 
 
------------------ 
TEXT OF RESOLUTION 
------------------ 
¶2. The Security Council, 
 
Recalling its previous resolutions and the statements of its 
President relating to the situation in Cote d'Ivoire, in 
particular 1842 (2008) and 1880 (2009), 
 
Reaffirming its strong commitment to the sovereignty, 
independence, territorial integrity and unity of Cote 
d'Ivoire, and recalling the importance of the principles of 
good-neighbourliness, non-interference and regional 
cooperation, 
 
Taking note of the report of the Secretary-General dated 29 
September 2009 (S/2009/495) and of the reports of the United 
Nations Group of Experts on Cote d'Ivoire dated 8 April 2009 
S/2009/188 and 7 October 2009 S/2009/421, 
 
Emphasizing the continued contribution to Cote d'Ivoire's 
stability, in particular in the context of the forthcoming 
presidential elections, of the measures imposed by resolution 
1572 (2004) and 1643 (2005), 
 
Noting again with concern, in spite of the sustained 
improvement of the overall human rights situation, the 
persistence of reported human rights and humanitarian law 
violations against civilians in different parts of the 
country, including numerous acts of sexual violence, 
stressing that the perpetrators must be brought to justice, 
reiterating its firm condemnation of all violations of human 
rights and international humanitarian law in Cote d'Ivoire, 
and recalling its resolutions 1325 (2000), 1820 (2008), 1888 
(2009) and 1889 (2009) on women, peace and security, its 
resolution 1612 (2005) on children and armed conflict and its 
resolution 1674 (2006) on the protection of civilians in 
armed conflict, 
 
Determining that the situation in Cote d'Ivoire continues 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 29 October 2010 the measures on 
arms and the financial and travel measures imposed by 
paragraphs 7 to 12 of resolution 1572 (2004) and the measures 
preventing the importation by any State of all rough diamonds 
from Cote d'Ivoire imposed by paragraph 6 of resolution 1643 
(2005); 
 
¶2. Decides to review the measures renewed in paragraph 1 
above in light of the progress achieved in the electoral 
process and in the implementation of the key steps of the 
peace process, as referred to in resolution 18880 (2009), by 
the end of the period mentioned in paragraph 1, and decides 
further to carry out during the period mentioned in paragraph 
1 above: 
 
   (a) a review of the measures renewed in paragraph 1 above 
no later than three months after the holding of open, free, 
fair and transparent presidential elections in accordance 
with international standards; or 
 
   (b) a midterm review no later than 30 April 2010 if no 
review has been scheduled on the basis of paragraph 2 (a) of 
this resolution at that date; 
 
¶3. Calls upon the Ivorian parties to the Ouagadougou 
Political Agreement and all States, in particular those in 
the sub-region, to fully implement the measures renewed in 
paragraph 1 above, including as appropriate by taking the 
necessary rules and regulations and calls also upon the 
United Nations Operation in Cote d'Ivoire (UNOCI) to bring 
its full support in particular to the implementation of the 
measures on arms renewed in paragraph 1, within its 
capacities and mandate, as determined in resolution 1739 
(2007) and renewed in resolution 1880 (2009) and calls upon 
further the French forces to support UNOCI in this regard, 
within the limits of their deployment and their capabilities; 
 
¶4. Reiterates its demand in particular that the Ivorian 
authorities take the necessary measures to put an immediate 
end to any violation of measures imposed by paragraph 11 of 
resolution 1572 (2004) including those violations mentioned 
by the Group of Experts in its reports dated 21 September 
2007 (S/2007/611), 15 October 2008 (S/2008/598) and 7 October 
2009 (S/2009/521); 
 
¶5. Demands that the Ivorian parties to the Ouagadougou 
Political Agreement, in particular the Ivorian authorities, 
provide unhindered access, particularly to the Group of 
Experts established pursuant to paragraph 7 of resolution 
1584 (2005), to equipment, sites and installations referred 
to in paragraph 2 (a) of resolution 1584 (2005), and to all 
weapons, ammunition and related materiel, regardless of 
location, when appropriate without notice and including those 
under the control of Republican Guard units, and demands 
further that they provide access under the same conditions to 
UNOCI in order to carry out its mandate and to the French 
forces which support it, as set out in resolutions 1739 
(2007) and 1880 (2009); 
 
¶6. Reiterates that any threat to the electoral process in 
Cote d'Ivoire, in particular any attack or obstruction of the 
action of the Independent Electoral Commission in charge of 
the organization of the elections or the action of the 
operators mentioned in paragraphs 1.3.3 and 2.1.1 of the 
Ouagadougou Political Agreement shall constitute a threat to 
the peace and national reconciliation process for the 
purposes of paragraphs 9 and 11 of resolution 1572 (2004); 
 
¶7. Reiterates that any serious obstacle to the freedom of 
movement of UNOCI or the French forces which support it, or 
any attack or obstruction of the action of UNOCI, the French 
forces, the Special Representative of the Secretary-General, 
the Facilitator mentioned in paragraph 23 of resolution 1880 
(2009) or his Special Representative in Cote d'Ivoire shall 
constitute a threat to the peace and national reconciliation 
process for the purposes of paragraphs 9 and 11 of resolution 
1572 (2004); 
 
¶8. Requests the Secretary-General and the French Government 
to report to it immediately, through the Committee, any 
serious obstacle to the freedom of movement of UNOCI or of 
the French forces which support it, including the names of 
those responsible, and requests also the Secretary-General 
and the Facilitator to report to it immediately, through the 
Committee, any attack or obstruction of their action or 
action of the Special Representatives mentioned in paragraph 
7 above; 
 
¶9. Requests all States concerned, in particular those in the 
sub-region, to cooperate fully with the Committee, and 
authorizes the Committee to request whatever further 
information it may consider necessary; 
 
¶10. Decides to extend the mandate of the Group of Experts as 
set out in paragraph 7 of resolution 1727 (2006) until 31 
October 2010 and requests the Secretary-General to take the 
necessary administrative measures; 
 
¶11. Decides that the report referred to in paragraph 7(e) of 
resolution 1727 (2006) may include, as appropriate, any 
information and recommendations relevant to the Committee's 
possible additional designation of individuals and entities 
pursuant to paragraphs 9 and 11 of resolution 1572 (2004); 
 
¶12. Requests the Group of Experts to provide a midterm report 
to the Committee by 15 April 2010 and to submit a final 
written report to the Security Council through the Committee 
15 days before the end of its mandated period, on the 
implementation of the measures imposed by paragraphs 7, 9 and 
11 of resolution 1572 (2004) and paragraph 6 of resolution 
1643 (2005), as well as recommendations in this regard and 
requests further the Group of Experts to include in its 
report information on persons who deny it access to weapons, 
ammunition, and related materiel; 
 
¶13. Requests the Secretary-General to communicate as 
appropriate to the Security Council, through the Committee, 
information gathered by UNOCI and, where possible, reviewed 
by the Group of Experts, concerning the supply of arms and 
related materiel to Cote d'Ivoire; 
 
¶14. Requests also the French Government to communicate as 
appropriate to the Security Council, through the Committee, 
information which, where possible, reviewed by the Group of 
Experts, concerning the supply of arms and related materiel 
to Cote d'Ivoire; 
 
¶15. Requests also the Kimberley Process to communicate as 
appropriate to the Security Council, through the Committee, 
information which, where possible, reviewed by the Group of 
Experts, concerning the production and illicit export of 
diamonds from Cote d'Ivoire; 
 
¶16. Decides that the measures imposed by paragraph 6 of 
resolution 1643 (2005) shall not apply to an import that will 
be used solely for the purposes of scientific research and 
analysis to facilitate the development of specific technical 
information concerning Ivorian diamond production, provided 
the research is coordinated by the Kimberley Process, and 
approved on a case by case basis by the Committee; 
 
¶17. Decides that a request made in accordance with paragraph 
16 shall be submitted to the Committee jointly by the 
Kimberley Process and the importing Member State and decides 
further that, where the Committee has approved an exemption 
pursuant to this paragraph, the importing Member State shall 
notify the Committee of the results of the study and share 
the results without delay with the Group of Experts on Cote 
d'Ivoire to assist them in their investigations; 
 
¶18. Urges all States, relevant United Nations bodies and 
other organizations and interested parties, including the 
Kimberley Process, to cooperate fully with the Committee, the 
Group of Experts, UNOCI and the French forces, in particular 
by supplying any information at their disposal on possible 
violations of the measures imposed by paragraphs 7, 9 and 11 
of resolution 1572 (2004), paragraph 6 of resolution 1643 
(2005) and reiterated in paragraph 1 above; 
 
¶19. Demands further in this context that all Ivorian parties 
and all States, particularly those in the region ensure: 
      (a) the safety of the members of the Group of Experts; 
      (b) unhindered and immediate access, in particular to 
persons, documents and sites the Group of Experts deems 
relevant to the execution of its mandate; 
 
¶20. Underlines that it is fully prepared to impose targeted 
measures against persons to be designated by the Committee 
who are determined to be, among other things: 
 
(a) A threat to the peace and national reconciliation process 
in Cote d'Ivoire, in particular by blocking the 
implementation of the peace process as referred to in the 
Ouagadougou Political Agreement; 
 
(b) Attacking or obstructing the action of UNOCI, of the 
French forces which support it, of the Special Representative 
of the Secretary-General, of the Facilitator or his Special 
Representative in Cote d'Ivoire; 
 
(c) Responsible for obstacles to the freedom of movement of 
UNOCI and of the French forces which support it; 
 
(d) Responsible for serious violations of human rights and 
international humanitarian law committed in Cote d'Ivoire; 
 
(e) Inciting publicly hatred and violence; or 
 
(f) Acting in violation of the measures imposed by paragraph 
7 of resolution 1572 (2004); 
 
¶21. Decides to remain actively seized of the matter. 
 
END TEXT 
 
¶3. The following points may be drawn upon, if USUN wishes to 
make a statement after the vote on 29 October: 
 
 -- The United States believes targeted sanctions do and 
should continue to play an important role in supporting peace 
and stability in the region by encouraging reconciliation of 
those earnestly committed to peace, while isolating and 
deterring the actions of those who would oppose it. 
 
 - The United States is deeply troubled by reports of ongoing 
violations of the measures adopted by the Security Council, 
and supports full implementation of UNSC imposed measures on 
Cote d'Ivoire. 
 
- The Group of Experts can only be effective if Member States 
respect the Group's mandate as set forth by the Security 
Council and allow the Group freedom of movement and access to 
people, documents, and weapons, ammunition, and related 
materiel. 
 
END POINTS FOR VOTE 
 
¶4. USUN may draw on the following points in the 27 October 
Council consultations during which the Cote d'Ivoire 
sanctions will be reviewed: 
 
 - I would like to thank Ambassador Heller for his briefing. 
I would like to make three points about the Cote d'Ivoire 
sanctions regime. 
 
 - First, the United States believes this sanctions regime 
continues to support peacebuilding and security in Cote 
d'Ivoire.  We therefore fully support the renewal of the 
asset freeze, travel ban, arms embargo, and ban on rough 
diamond exports and the proposed extension of the mandate of 
the Group of Experts for one year.  Once the elections have 
been concluded, we should be prepared to re-evaluate the 
sanctions and determine whether the regime needs to be 
modified. 
 
 - Second, the United States is concerned about the continued 
violations of the sanctions regime documented in the Group of 
Experts' most recent report.  Any violation of a Security 
Council resolution is troubling.  The United States urges all 
Member States, particularly Cote d'Ivoire, to comply with the 
measures imposed by resolutions 1572 (2004) and 1643 (2005). 
 
 - And, third, Mr. President, the United States commends the 
Group of Experts for its highly-professional, unbiased, and 
thorough report and recommendations.  We urge all Member 
States to study the recommendations in an effort to promote 
peace and security in Cote d'Ivoire, particularly over the 
course of the next months, both before and after the 
presidential and legislative elections. 
 
 - We recognize the importance of supporting the Group of 
Experts' role of independently collecting the facts and 
presenting them both clearly and objectively to the 1572 
Committee.  UNSC Sanctions Committees' expert panels remain 
an essential tool to help the Council ensure implementation 
of its decisions. 
 
END POINTS FOR CONSULTATIONS 
 
¶5.  Department appreciates Mission's efforts and commends 
post for excellent and helpful reporting in USUN 871. 
CLINTON