VZCZCXYZ0008
OO RUEHWEB

DE RUEHC #6273 3150104
ZNR UUUUU ZZH
O R 110059Z NOV 09
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
INFO RUEHBS/USEU BRUSSELS
RUEHKH/AMEMBASSY KHARTOUM 0000
RHEHAAA/WHITE HOUSE WASHINGTON DC
RUEATRS/TREASURY DEPT WASHINGTON DC 0000
RUEKJCS/SECDEF WASHINGTON DC

UNCLAS STATE 116273 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EFIN ETTC KTFN PREL PTER XW UNSC
SUBJECT: USUN INSTRUCTION: U.S. IMPLEMENTATION OF UNSC 
SUDAN SANCTIONS 
 
REF: A. SCA/1/09(19) 
     ¶B. UNSCR 1891 (2009) 
 
¶1. This is an action request.  USUN is requested to submit 
the U.S. implementation report found in para 4 below to the 
UN Security Council Committee established pursuant to 
resolution 1591 (2005) concerning Sudan. 
 
------------------- 
STRATEGIC OBJECTIVE 
------------------- 
¶2. The strategic objective is to report on U.S. 
implementation of the Sudan sanctions adopted by the Security 
Council.  The UNSC unanimously adopted resolution 1891 on 13 
October 2009, which renewed the mandate of the Panel of 
Experts for one year and added the following reporting 
request in paragraph 5: 
Encourages all States, in particular those in the region, to 
report to the Committee on the actions they have taken to 
implement measures imposed by resolutions 1591 (2005) and 
1556 (2004). 
 
¶3. UNSC resolution 1591 (2005) imposed a travel ban and asset 
freeze on those individuals designated by the Sudan Sanctions 
Committee as impeding the peace process, constituting a 
threat to stability in Darfur and the region, committing 
violations of international humanitarian or human rights law 
or other atrocities, violating the arms embargo imposed by 
UNSC resolution 1556 (2004), or being responsible for 
offensive military overflights.  UNSC resolution 1556 (2004) 
imposed an arms embargo, which was expanded by resolution 
1591 (2005) to apply to all entities and individuals 
operating in Darfur. 
 
------ 
REPORT 
------ 
¶4. COVER NOTE:  The Permanent Mission of the United States of 
America presents its compliments to the Chair of the Security 
Council Committee established pursuant to resolution 1591 
(2005) concerning the Sudan, and has the honor to enclose the 
United States' report on the implementation of the sanctions 
imposed by United Nations Security Council resolutions 1591 
(2005) and 1556 (2004).  END COVER NOTE. 
 
 
United States' Report on the Implementation of Sanctions 
Imposed by United Nations Security Council Resolutions 1591 
(2005) and 1556 (2004) 
 
- Travel Ban - 
Under the applicable provisions of the Immigration and 
Nationality Act, the United States takes the necessary 
measures to prevent the entry into or transit through the 
United States' territories of individuals designated by the 
Committee established pursuant to resolution 1591 (2005) 
concerning the Sudan (herein "the Committee"), provided that 
the individuals are not nationals of the United States. 
Travel exemptions will be granted if the Committee determines 
on a case by case basis that such travel is justified on the 
grounds of humanitarian need, including religious obligation, 
or if it will further the objectives for the creation of 
peace and stability in Sudan and the region, or if the United 
States is obliged to permit the travel due to the United 
Nations Headquarters Agreement. 
 
- Asset Freeze - 
The United States takes the necessary measures to freeze 
without delay the funds, other financial assets and economic 
resources which are within the jurisdiction of the United 
States, which are owned or controlled, directly or 
indirectly, by the individuals or entities designated by the 
Committee, or by individuals or entities acting on their 
behalf or at their direction, or by entities owned or 
controlled by them, as designated by the Committee. 
Additionally, the United States ensures that any funds, 
financial assets or economic resources are not made available 
to or for the benefit of designated individuals and entities 
by United States nationals or by any individuals or entities 
within the territory of the United States.  The U.S. may 
authorize the release of frozen assets in certain compelling 
circumstances. 
 
The United States implements the asset freeze pursuant to 
Presidential authorities under the Constitution and the laws 
of the United States of America, including the International 
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) 
(IEEPA), the National Emergencies Act (50 U.S.C. 1601 et 
seq.) (NEA), section 5 of the United Nations Participation 
Act, as amended (22 U.S.C. 287c) (UNPA), and section 301 of 
title 3, United States Code. 
 
- Arms Embargo - 
The United States complies with the arms embargo on Darfur 
imposed by resolution 1556 (2004) and expanded by resolution 
1591 (2005).  The United States export controls are 
implemented through the Arms Export Control Act and the 
International Traffic in Arms Regulations.  The U.S. 
munitions export control system is designed to deny 
adversaries and parties whose interests are inimical to those 
of the United States access to U.S.-origin defense equipment 
and technology.  This function is administered by the 
Directorate of Defense Trade Controls, U.S. Department of 
State.  The export control process is closely regulated and 
excludes the participation of embargoed and other ineligible 
parties in U.S. defense trade. 
 
The United States takes the necessary measures to prevent the 
direct or indirect supply, sale or transfer of weapons and 
military equipment and the direct supply of technical 
assistance or training, financial and other assistance 
including investment, brokering or other financial services, 
related to military activities or to the supply, sale, 
transfer, manufacture, maintenance or use of weapons and 
military equipment to the individuals and entities operating 
in Darfur.  The United States requires all U.S. persons that 
manufacture or export defense articles, furnish defense 
services, or U.S. and foreign persons engaged in arms 
brokering to register with the Department of State.  The 
Department of State must approve a license application prior 
to the export of defense articles or defense services.  A 
review of all parties to the proposed transactions, including 
end-users, is made against a "Watch List," which includes 
individuals and entities designated by the United Nations 
Sanctions Committees.  Pursuant to the U.S. Arms Export 
Control Act, arms export control violations including 
provision of defense equipment and technology to ineligible 
persons and associate persons are subject to strict criminal 
and civil penalties.  Criminal penalties may include a jail 
sentence of ten years and/or $1 million for each violation. 
Possible civil penalties include debarment from participation 
in U.S. defense trade and monetary penalties up to $500,000 
per violation. 
 
END REPORT. 
CLINTON