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OO RUEHWEB

DE RUEHC #0359 3570202
ZNR UUUUU ZZH
O R 230154Z DEC 09
FM SECSTATE WASHDC
TO RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 0000
INFO RUEHBS/USEU BRUSSELS
RUEHDS/AMEMBASSY ADDIS ABABA 0000
RUEHAE/AMEMBASSY ASMARA 0000
RUEHDJ/AMEMBASSY DJIBOUTI 0000
RUEHLO/AMEMBASSY LONDON 0000
RUEHNR/AMEMBASSY NAIROBI 0000
RUEHFR/AMEMBASSY PARIS 0000
RUEKJCS/SECDEF WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RHEHAAA/WHITE HOUSE WASHINGTON DC

UNCLAS STATE 130359 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: EFIN ETTC KTFN PREL PTER XW UNSC
SUBJECT: USUN VOTING INSTRUCTION: ERITREA SANCTIONS UNSCR 
 
REFS: A. PARIS 1686 
      ¶B. USUN 874 
 
¶1.  This is an action request.  USUN may vote in favor of 
the adoption of the resolution (text in para 2) that will 
create a new UN Security Council sanctions regime on 
Eritrea.  A new sanctions committee and a new expert panel 
will not be created, and the sanctions regime will be 
monitored by the UNSC Somalia Sanctions Committee and its 
Monitoring Group.  The sanctions include a territorial 
arms embargo on Eritrea and an asset freeze, travel ban, 
and a targeted arms embargo for those individuals and 
entities listed in the future by the UNSC Somalia 
Sanctions Committee.  USUN should consult with Department 
if substantive changes are made to the resolution text. 
USUN may draw from the points in paras 3 (if resolution is 
adopted) or 4 (if not adopted) below after the vote or for 
press stakeouts. 
 
 
------------------ 
TEXT OF RESOLUTION 
------------------ 
¶2. The Security Council, 
 
PP1 Recalling its previous resolutions and statements of 
its President concerning the situation in Somalia and the 
border dispute between Djibouti and Eritrea, in particular 
its resolutions 751 (1992), 1844 (2008), and 1862 (2009), 
and its statements of 18 May 2009 (S/PRST/2009/15), 
9 July 2009, (S/PRST/2009/19), and 12 June 2008 (S/PRST/2008/20), 
 
PP2 Reaffirming its respect for the sovereignty, 
territorial integrity, political independence and unity of 
Somalia, Djibouti and Eritrea, respectively, 
 
PP3 Expressing the importance of resolving the border 
dispute between Djibouti and Eritrea, 
 
PP4 Reaffirming that the Djibouti Agreement and Peace 
Process represent the basis for a resolution of the 
conflict in Somalia, and further reaffirming its support 
for the Transitional Federal Government (TFG), 
 
PP5 Noting the decision of the 13th Assembly of the 
African Union (AU) in Sirte, Libya, calling on the Council 
to impose sanctions against all those foreign actors, both 
within and outside the region, especially Eritrea, 
providing support to the armed groups engaged in 
destabilizing activities in Somalia and undermining the 
peace and reconciliation efforts as well as 
regional stability (S/2009/388), 
 
PP6 Further noting the decision of the 13th Assembly of 
the AU in Sirte, Libya expressing its grave concern at the 
total absence of progress regarding the implementation by 
Eritrea of, inter alia, resolution 1862 (2009) regarding 
the border dispute between Djibouti 
and Eritrea (S/2009/388), 
 
PP7 Expressing its grave concern at the findings of the 
Monitoring Group reestablished by resolution 1853 (2008) 
as outlined in its December 2008 report  (S/2008/769) that 
Eritrea has provided political, financial and logistical 
support to armed groups engaged in undermining peace and 
reconciliation in Somalia and regional stability, 
 
PP8 Condemning all armed attacks on TFG officials and 
institutions, the civilian population, humanitarian 
workers and the African Union Mission to Somalia (AMISOM) 
personnel, 
 
PP9 Expressing its grave concern at Eritrea;s rejection of 
the Djibouti Agreement, as noted the letter of 19 May 2009 
from the Permanent Representative of Eritrea to the United 
Nations addressed to the President of the 
Security Council (S/2009/256), 
 
PP10 Recalling its resolution 1844 (2008) in which it 
decided to impose measures against individuals or entities 
designated as engaging in or providing support to acts 
that threaten peace, security and stability in Somalia, 
acting in violation of the arms embargo or obstructing the 
flow of humanitarian assistance to Somalia, 
 
PP11 Expressing its appreciation of the contribution of 
AMISOM to the stability of Somalia, and further expressing 
its appreciation for the continued commitment to AMISOM by 
the Governments of Burundi and Uganda, 
 
PP12 Reiterating its intention to take measures against 
those who seek to prevent or block the Djibouti Peace 
Process, 
 
PP13 Expressing its deep concern that Eritrea has not 
withdrawn its forces to the status quo ante, as called for 
by the Security Council in its resolutions 1862 (2009) and 
the statement of its President dated 
12 June 2008 (S/PRST/2008/20), 
 
PP14 Reiterating its serious concern at the refusal of 
Eritrea so far to engage in dialogue with Djibouti, or to 
accept bilateral contacts, mediation or facilitation 
efforts by sub-regional or regional organizations or to 
respond positively to the efforts of the Secretary 
General, 
 
PP15 Taking note of the letter of the Secretary-General 
issued on 30 March 2009 (S/2009/163), and the subsequent 
briefings by the Secretariat on the Djibouti-Eritrea 
conflict, 
 
 
PP16 Noting that Djibouti has withdrawn its forces to the 
status quo ante and cooperated fully with all concerned, 
including the United Nations fact-finding mission and the 
good offices of the Secretary General, 
 
PP17 Determining that Eritrea's actions undermining peace 
and reconciliation in Somalia as well as the situation 
between Djibouti and Eritrea constitute a threat to 
international peace and security, 
 
Acting under Chapter VII of the Charter of the United 
Nations, 
 
¶1. Reiterates that all Member States, including Eritrea, 
shall comply fully with the terms of the arms embargo 
imposed by paragraph 5 of resolution 733 (1992), as 
elaborated and amended by resolutions 1356 (2001), 1425 
(2002), 1725 (2006), 1744 (2007) and 1772 (2007) on 
Somalia and the provisions of resolution 1844 (2008); 
 
¶2. Calls upon all Member States, including Eritrea, to 
support the Djibouti Peace Process and support 
reconciliation efforts by the TFG in Somalia, and demands 
that Eritrea cease all efforts to destabilize or 
overthrow, directly or indirectly, the TFG; 
 
¶3. Reiterates its demand that Eritrea immediately comply 
with resolution 1862 (2009) and: 
 
(i) Withdraw its forces and all their equipment to the 
positions of the status quo ante, and ensure that no 
military presence or activity is being pursued in the area 
where the conflict occurred in Ras Doumeira and Doumeira 
Island in June 2008; 
 
(ii) Acknowledge its border dispute with Djibouti in Ras 
Doumeira and Doumeira Island, engage actively in dialogue 
to defuse the tension and engage also in diplomatic 
efforts leading to a mutually acceptable settlement of the 
border issue; and, 
 
(iii) Abide by its international obligations as a Member 
of the United Nations, respect the principles mentioned in 
article 2, paragraphs 3, 4, and 5, and article 33 of the 
Charter, and cooperate fully with the Secretary-General, 
in particular through his proposal of good offices 
mentioned in paragraph 3 of resolution 1862 (2009); 
 
¶4.  Demands that Eritrea make available information 
pertaining to Djiboutian combatants missing in action 
since the clashes of 10 to 12 June, 2008 so that those 
concerned may ascertain the presence and condition of 
Djiboutian prisoners of war; 
 
¶5. Decides that all Member States shall immediately take 
the necessary measures to prevent the sale or supply to 
Eritrea by their nationals or from their territories or 
using their flag vessels or aircraft, of arms and related 
materiel of all types, including weapons and ammunition, 
military vehicles and equipment, paramilitary equipment, 
and spare parts for the aforementioned, and technical 
assistance, training, financial and other assistance, 
related to the military activities or to the provision, 
manufacture, maintenance or use of these items, whether or 
not originating in their territories; 
 
¶6. Decides that Eritrea shall not supply, sell or transfer 
directly or indirectly from its territory or by its 
nationals or using its flag vessels or aircraft any arms 
or related materiel, and that all Member States shall 
prohibit the procurement of the items, training and 
assistance described in paragraph 5 above from Eritrea by 
their nationals, or using their flag vessels or aircraft, 
whether or not originating in the territory of Eritrea; 
 
¶7. Calls upon all Member States to inspect, in their 
territory, including seaports and airports, in accordance 
with their national authorities and legislation, and 
consistent with international law, all cargo to and from 
Somalia and Eritrea, if the State concerned has 
information that provides reasonable grounds to believe 
the cargo contains items the supply, transfer, or export 
of which is prohibited by paragraph 5 and 6 of this 
resolution or the general and complete arms embargo 
against Somalia established pursuant to paragraph 5 of 
resolution 733 (1992) and elaborated and amended by 
subsequent resolutions for the purpose of ensuring strict 
implementation of those provisions; 
 
¶8.  Decides to authorize all Member States to, and that 
all Member States shall, upon discovery of items 
prohibited by paragraphs 5 and 6 above, seize and dispose 
(either by destroying or rendering inoperable) items the 
supply, sale, transfer, or export of which is prohibited 
by paragraphs 5 and 6 of this resolution and decides 
further that all Member States shall cooperate in such 
efforts; 
 
¶9.  Requires any Member State when it finds items the 
supply, sale, transfer, or export of which is prohibited 
by paragraphs 5 and 6 of this resolution to submit 
promptly a report to the Committee containing relevant 
details, including the steps taken to seize and dispose of 
the items; 
 
¶10. Decides that all Member States shall take the 
necessary measures to prevent the entry into or transit 
through their territories of individuals, designated by 
the Committee established pursuant to resolution 751 
(1992) and expanded by resolution 1844 (2008) (herein ?the 
Committee?) pursuant to the criteria in paragraph 15 
below, provided that nothing in this paragraph shall 
oblige a state to refuse entry into its territory its own 
nationals; 
 
¶11. Decides that the measures imposed by paragraph 10 
above shall not apply: 
 
(a)     where the Committee determines on a 
case-by-case basis that such travel is justified on the 
grounds of humanitarian need, including religious 
obligation; or, 
 
(b)     where the Committee determines on a 
case-by-case basis that an exemption would otherwise 
further the objectives of peace and stability in the 
region; 
 
¶12.  Decides that all Member States shall take the 
necessary measures to prevent the direct or indirect 
supply, sale or transfer by their nationals or from their 
territories or using their flag vessels or aircraft of 
arms and related materiel of all types, including weapons 
and ammunition, military vehicles and equipment, 
paramilitary equipment, and spare parts for the 
aforementioned and the direct or indirect 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 
or entities designated by the Committee pursuant to 
paragraph 15 below; 
 
¶13.  Decides that all Member States shall freeze without 
delay the funds, other financial assets and economic 
resources which are on their territories on the date of 
adoption of this resolution or at any time thereafter, 
that are owned or controlled, directly or indirectly, by 
the entities and individuals designated by the Committee 
pursuant to paragraph 15 below, or by individuals or 
entities acting on their behalf or their direction, and 
decides further that all Member States shall ensure that 
no funds, financial assets or economic resources are made 
available by their nationals or by any individuals or 
entities within their territories to or for the benefit of 
such individuals or entities; 
 
¶14.  Decides that the measures imposed by paragraph 13 
above do not apply to funds, other financial assets or 
economic resources that have been determined by relevant 
Member States: 
(a) to be necessary for basic expenses, including payment 
for foodstuffs, rent or mortgage, medicines and medical 
treatment, taxes, insurance premiums, and public utility 
charges or exclusively for payment of reasonable 
professional fees and reimbursement of incurred expenses 
associated with the provision of legal services, or fees 
or service charges, in accordance with national laws, or 
routine holding or maintenance of frozen funds, other 
financial assets and economic resources, after 
notification by the relevant Member State to the Committee 
of the intention to authorize, where appropriate, access 
to such funds, other financial assets or economic 
resources, and in the absence of a negative decision by 
the Committee within three working days of such 
notification; 
 
(b) to be necessary for extraordinary expenses, provided 
that such determination has been notified by the relevant 
Member State(s) to the Committee and has been approved by 
the Committee; or 
 
(c) to be the subject of a judicial, administrative or 
arbitral lien or judgment, in which case the funds, other 
financial assets and economic resources may be used to 
satisfy that lien or judgment provided that the lien or 
judgment was entered into prior to the date of the present 
resolution, is not for the benefit of a person or entity 
designated pursuant to paragraph 11 above, and has been 
notified by the relevant Member State(s) to the Committee; 
 
¶15.  Decides that the provisions of paragraph 10 above 
shall apply to individuals, including but not limited to 
Eritrean political and military leadership, and that the 
provisions of paragraphs 12 and 13 above shall apply to 
individuals and entities, including but not limited to 
Eritrean political and military leadership, governmental, 
parastatal entities, and entities privately owned by 
Eritrean nationals living within or outside of Eritrean 
territory, designated by the Committee: 
 
(a)     as violating the measures established by 
paragraphs 5 and 6 above; 
 
(b)     as providing support from Eritrea to armed 
opposition groups which aim to destabilize the region; 
 
(c)     as obstructing implementation of resolution 
1862 (2009) concerning Djibouti; 
 
(d)     as harboring, financing, facilitating, 
supporting, organizing, training, or inciting individuals 
or groups to perpetrate acts of violence or terrorist acts 
against other States or their citizens in the region; 
 
(e)      as obstructing the investigations or work of 
the Monitoring Group; 
 
¶16.  Demands that all Member States, in particular 
Eritrea, cease arming, training, and equipping armed 
groups and their members, including al-Shabaab, that aim 
to destabilize the region or incite violence and civil 
strife in Djibouti; 
 
¶17.  Demands Eritrea cease facilitating travel and other 
forms of financial support to individuals and entities 
designated by the Committee and other Sanctions 
Committees, in particular the Committee established 
pursuant to resolution 1267 (1999), in line with the 
provisions set out in the relevant resolutions; 
 
¶18. Decides to further expand the mandate of the Committee 
to undertake the following tasks: 
 
(a)     to monitor, with the support of the Monitoring 
Group, the implementation of the measures imposed in 
paragraphs 5, 6, 8, 10, 12 and 13 above; 
 
(b)     to designate those individuals or entities 
subject to the measures imposed by paragraphs  10, 12 and 
13 above, pursuant to the criteria set forth in paragraph 
15 above; 
 
(c)     to consider and decide upon requests for 
exemptions set out in paragraphs 11 and 14 above; 
 
(d)     to update its guidelines to reflect its 
additional tasks; 
 
¶19.  Decides to further expand the mandate of the 
Monitoring Group reestablished by resolution 1853 (2008) 
to monitor and report on implementation of the measures 
imposed in this resolution and undertake the tasks 
outlined below, and requests the Secretary-General to make 
appropriate arrangements for additional resources and 
personnel so that the expanded Monitoring Group may 
continue to carry out its mandate, and in addition: 
 
(a)     assist the Committee in monitoring the 
implementation of the measures imposed in paragraphs 5, 6, 
8, 10, 12, and 13 above, including by reporting any 
information on violations; 
 
(b)     consider any information relevant to 
implementation of paragraphs 16 and 17 above that should 
be brought to the attention of the Committee; 
 
(c)     include in its reports to the Security Council 
any information relevant to the Committee's designation of 
the individuals and entities described in paragraph 15 
above; 
 
(d) coordinate as appropriate with other Sanctions 
Committee's panels of experts in pursuit of these tasks; 
 
¶20.  Calls upon all Members States to report to the 
Security Council within 120 days of the adoption of this 
resolution on steps they have taken to implement the 
measures outlined in the paragraphs 5, 6, 10, 12, and 13; 
 
¶21.  Affirms that it shall keep Eritrea's actions under 
review and that it shall be prepared to adjust the 
measures, including through their strengthening, 
modification, or lifting, in light of Eritrea?s compliance 
with the provisions of this resolution; 
 
¶22. Requests the Secretary-General to report within 180 
days on Eritrea's compliance with the provisions of this 
resolution; 
 
¶23.  Decides to remain actively seized of the matter. 
 
END TEXT 
 
-------------- 
TALKING POINTS 
-------------- 
¶3. If resolution is adopted: 
 
- The United States commends the efforts of the African 
Union and the Intergovernmental Authority on Development 
for  addressing the threat to international peace and 
security posed by the Government of Eritrea. 
 
- We have supported adoption of this important resolution 
to demonstrate that the world stands united in efforts to 
return peace and security to the Horn of Africa. 
 
- The Eritrean Government's actions reflect irresponsible 
behavior.  It is absolutely unacceptable for Eritrea to 
support and fund efforts by al-Shabaab and other 
insurgents to topple Somalia Transitional Federal 
Government and attack African Union peacekeeping forces. 
 
- We are also deeply concerned by Eritrea's failure to 
abide by UNSCR 1862 (2009) regarding the ongoing 
Djibouti/Eritrea border dispute. 
 
- These actions threaten international peace and security 
and contribute to the dire humanitarian crisis.  The 
Eritrean Government has chosen to fuel instability rather 
than commit to constructive dialogue and resolution of 
outstanding disagreements. 
 
- The United States calls on President Isaias to 
immediately end Eritrea's destabilizing activities and 
instead to work towards improving the desperate situation 
and lives of people in the Horn of Africa. 
 
¶4. If resolution is NOT adopted use the following talking 
point instead of the first one above in para 3: 
 
- The United States is deeply disappointed that the 
Security Council did not adopt a strong resolution, in 
support of this African regional initiative, condemning 
the destabilizing behavior of the Eritrean Government.  We 
will continue to work with responsible partners in the 
international community who are committed to establishing 
peace and security in the Horn of Africa. 
 
END TALKING POINTS. 
CLINTON