United Nations
S/2013/53
Distr.: General 25 January 2013 Original: English
Security Council
Letter dated 25 January 2013 from the Chair of the Security Council Committee established pursuant to resolution 1737 (2006) addressed to the President of the Security Council
I have the honour to transmit herewith the report of the Security Council Committee established pursuant to resolution 1737 (2006) (see annex), which covers the Committees activities during the period from 1 January to 31 December 2012. The report is submitted in accordance with the note by the President of the Security Council of 29 March 1995 (S/1995/234). (Signed) Gary Francis Quinlan Chair Security Council Committee established pursuant to resolution 1737 (2006)
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Report of the Security Council Committee established pursuant to resolution 1737 (2006) I. Introduction
1. The present report of the Security Council Committee established pursuant to resolution 1737 (2006) covers the period from 1 January to 31 December 2012. 2. During the reporting period, the Bureau of the Committee consisted of Nstor Osorio (Colombia) as Chair, with the delegation of Togo providing the Vice-Chair.
II. Background information
3. The Committee is mandated to oversee the implementation of the relevant measures imposed by the Security Council in its resolutions 1737 (2006), 1747 (2007), 1803 (2008) and 1929 (2010) relating to the Islamic Republic of Iran. Those measures include: an embargo on proliferation-sensitive nuclear activities and the development of nuclear weapon delivery systems, with exemptions; a ban on the export and procurement of any arms and related materiel from the Islamic Republic of Iran and on the supply of the seven categories of conventional weapons as defined for the purposes of the United Nations Register of Conventional Arms and related services to the Islamic Republic of Iran; an assets freeze and a travel ban on designated individuals and/or entities, with exemptions, as specified; financial and business restrictions; and a ban on the provision of bunkering services, when there are reasonable grounds to believe that vessels are carrying prohibited items in the context of resolutions 1737 (2006), 1747 (2007), 1803 (2008) and 1929 (2010). 4. In carrying out its mandate, the Committee is assisted by the Panel of Experts, established pursuant to paragraph 29 of resolution 1929 (2010) to carry out, under the direction of the Committee, the tasks provided for in that paragraph. The Panel was initially established by the Security Council for a period of 12 months, until 9 June 2011. By its resolution 1984 (2011), the Council extended the mandate of the Panel of Experts until 9 June 2012. By its resolution 2049 (2012), the Council further extended the mandate of the Panel of Experts until 9 July 2013. On 5 July 2012, the Secretary-General reappointed the eight experts serving on the Panel at that time. During the reporting period, the Panel submitted a final report, dated 9 May (S/2012/395, annex), and a midterm report, dated 9 November. It also submitted its programme of work to the Committee, as required in paragraph 3 of resolution 2049 (2012). During the reporting period, the Panel of Experts participated in a number of events, which are listed in annex I.
III. Summary of the Committees activities
Designations by the Committee 5. During the reporting period, the Committee decided to designate two individuals and three entities under sanctions and incorporated them into its consolidated list of individuals and entities subject to travel ban and/or assets freeze. The updated list was made available on the Committees web page for information
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and use, as appropriate, to all Member States, at [Link] 1737/[Link]. Informal consultations and the open briefing 6. In 2012, the Committee met four times in informal consultations (29 February, 1 June, 23 October and 26 November). The Committee also conducted its work using the silent procedure. 7. On 29 February, the Committee received an oral briefing from the Coordinator of the Panel of Experts on the Panels activities since December 2011. The Panel conducted visits, held a series of consultations with Member States on the implementation of relevant Security Council resolutions and submitted three reports to the Committee regarding reported incidents of alleged sanctions violations. Committee members exchanged views on a number of issues, including the three reports submitted by the Panel, and the need for an effective and diligent response of the Committee to sanctions violations. The possibility of holding an open briefing for Member States was also discussed. 8. On 1 June, the Committee received a briefing from the Coordinator of the Panel of Experts on the Panels final report, submitted on 9 May pursuant to paragraph 29 of resolution 1929 (2010), which was subsequently published on 12 June as a Security Council document under the symbol S/2012/395. 9. On 9 July, the Chair of the Committee presided over an open briefing, in which the mandates and the work of the Committee and the Panel of Experts were presented. The open briefing was the first of its kind to reach out to the entire United Nations membership on the implementation of Security Council resolutions. 10. At its meeting on 23 October, the Committee continued its discussion of the final report of the Panel of Experts and agreed to continue to consider the recommendations contained in the report. Some members of the Committee proposed that the Committee adopt a series of implementation assistance notices that could aid Member States in implementing the Security Council measures, taking into account the experts findings during their 2011 and 2012 mandates. 11. At its meeting on 26 November, the Committee heard an oral briefing provided by the Coordinator of the Panel of Experts on the Panels midterm report, which was submitted in accordance with paragraph 2 of resolution 2049 (2012). The Committee discussed the possibility of issuing a guidance note to aid Member States in their submission of national implementation reports. Implementation reports received from Member States 12. By the end of the reporting period, the Committee received a total of 96 reports under resolution 1737 (2006), 85 reports under resolution 1747 (2007), 79 reports under resolution 1803 (2008) and 80 reports under resolution 1929 (2010) (see annex II). Notifications and requests for exceptions received from Member States 13. The Committee received a number of notifications during the reporting period: five notifications from a Member State with reference to paragraph 5 of resolution 1737 (2006) concerning the delivery of items for use in the nuclear plant in Bushehr,
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the Islamic Republic of Iran; and four notifications from another State submitted pursuant to paragraph 15 of resolution 1737 (2006) and paragraph 4 of resolution 1747 (2007), in connection with the unfreezing of funds in order to make payments due under contracts entered into prior to the listing of the respective entities. 14. During the reporting period, the Committee authorized three exemptions in response to the requests submitted by Member States. The first was from the travel ban on a designated Iranian national who had been invited to attend the General Conference of the International Atomic Energy Agency in Vienna from 15 to 23 September. The other two granted a Member State access to certain economic resources to the benefit of the Atomic Energy Organization of the Islamic Republic of Iran for the purchase of chemicals and other items exclusively intended for the use of medical or humanitarian purposes, in accordance with relevant provisions of resolution 1737 (2006). Ninety-day reports to the Security Council 15. Under the provisions of subparagraph 18 (h) of resolution 1737 (2006), the Chair must report to the Security Council at least every 90 days on the Committees activities. Accordingly, the Chair briefed the Council on 21 March, 12 June, 20 September and 13 December (see S/PV.6737, S/PV.6786, S/PV.6839 and S/PV.6888). Responses to queries received from Member States 16. The Committee responded to five written queries from Member States requesting guidance and/or information on various aspects of the sanctions regime. These queries concerned the following issues: appropriate interpretation of humanitarian activities undertaken by an international aid agency (one query); the sale and/or export of specific items that could contribute to the development of technologies in support of proliferation-sensitive nuclear activities in the Islamic Republic of Iran (two queries); clarification about a commercial project for which a company registered in the Islamic Republic of Iran was a potential bidder (one query); and clarification about a technical assistance programme undertaken by an international organization to assist the Islamic Republic of Iran in developing its capacity for intellectual property rights protection (one query).
IV. Violations and alleged violations of the sanctions regime
17. During the period under review, the Committee received six notifications of reported violations of Security Council measures relating to the Islamic Republic of Iran. Two of those notifications reported a violation of paragraph 9 of resolution 1929 (2010); three of the notifications reported interdictions and seizure by Member States of prohibited items; the last notification reported a violation of paragraph 5 of resolution 1747 (2007). 18. In response, the Committee sent acknowledgement letters to all the reporting States expressing its appreciation for the information provided and urging them to continue to cooperate closely with the Committee and the Panel of Experts in their investigation of the reported cases. The Committee also sent letters to States requesting additional information concerning a previously reported case of illegal transfer of arms onboard the vessel M/V Victoria. The Committee was encouraged
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by the positive responses from three Member States that had provided useful information on the case. 19. In accordance with its mandate, the Panel of Experts carried out inspections of four of the five reported cases with the consent and cooperation of the reporting States. The Committee, with the assistance of the Panel of Experts, is continuing its investigations of the reported incidents.
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Annex I Major activities of the Panel of Experts in 2012
1. During the reporting period, the Panel of Experts conducted activities under the guidance of the Committee established pursuant to resolution 1737 (2006) to fulfil its mandate under paragraph 29 of resolution 1929 (2010). 2. From 9 to 13 January, the Panel travelled to France to participate in a meeting of the Financial Action Task Force on targeted financial sanctions measures relating to proliferation financing. From 23 to 26 January, the Panel held consultations with the relevant authorities in India. 3. From 3 to 4 February, the Panel travelled to Belgium for a European Union Non-Proliferation and Disarmament Conference to engage in discussions on countering the proliferation of weapons of mass destruction as well as on disarmament. From 7 to 9 February, the Panel attended the nineteenth Asian Export Control Seminar, hosted by the Centre for Information on Security Trade Control in Tokyo, which focused on export control systems. From 11 to 15 February, the Panel held consultations in Norway and Sweden. In Sweden, they also met with researchers from the Stockholm International Peace Research Institute to discuss their findings with regard to the illicit arms transfers and nuclear proliferation of the Islamic Republic of Iran. From 13 to 17 February, the Coordinator attended the meeting of the Financial Action Task Force on targeted financial sanctions measures related to proliferation financing. 4. From 3 to 8 March, the Panel travelled to Turkey to conduct an inspection of the Turkey Truck case. From 8 to 13 March, the Panel travelled to Bulgaria and Romania for consultations. From 13 to 15 March, the Panel travelled to Switzerland for consultations and to Belgium for meetings at the headquarters of the North Atlantic Treaty Organization and the Supreme Headquarters of the Allied Powers in Europe. 5. From 15 to 16 March, the Panel travelled to Switzerland to participate in a seminar organized by the Geneva Centre for Security Policy and to hold a meeting on transportation with regards to sanctions with the Economic Commission for Europe. From 19 to 22 March, the Panel travelled to Washington, D.C., for meetings with the World Shipping Council and members of the private sector to discuss compliance and the economic situation of the Islamic Republic of Iran. From 27 March to 3 April, the Panel travelled to Spain and Morocco to hold consultations. 6. From 7 to 17 April, the Panel travelled to Malaysia and Viet Nam for consultations and to Singapore for the International Institute for Strategic Studies (IISS) seminar on United Nations sanctions implementation in the South-East Asian region. From 18 to 19 April, the Panel travelled to Israel for consultations. On 24 April, the Panel travelled to Canada to discuss the International Civil Aviation Organization framework on aircraft registration and inspection. On 26 April, the Panel travelled to Washington, D.C., for consultations on Security Council resolutions. From 22 to 24 May, the Panel travelled to Kenya to attend an IISS workshop on implementing sanctions with a focus on the Horn of Africa. 7. From 4 to 7 September, the Panel travelled to France for a meeting of the Financial Action Task Force Working Group. From 10 to 14 September, one group of the Panel travelled to Guatemala and Panama to meet with relevant Government
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officials on issues related to the Panels mandate, while from 11 to 14 September, another group of the Panel travelled to the United Arab Emirates to hold consultations with relevant Government officials on the implementation of relevant Security Council resolutions. 8. From 3 to 9 October, the Panel travelled to Turkmenistan and Kazakhstan to hold consultations with Government officials. From 15 to 19 October, the Panel travelled to France to participate in meetings of the Financial Action Task Force. From 22 to 24 October, the Panel travelled to Bahrain to carry out inspections of the Bahrain Interdicted Items case. From 30 October to 2 November, the Panel travelled to Ethiopia to hold consultations with relevant Government officials and to participate in a seminar on illicit arms flow. From 19 to 20 November, the Panel travelled to Argentina to participate in an IISS workshop on implementing sanctions with a focus on South America. 9. From 3 to 5 December, one group of the Panel travelled to France to hold consultations with relevant Government officials regarding the implementation of relevant Security Council resolutions, while from 6 to 7 December, another group of the Panel travelled to Hungary for consultations with the authorities there. On 6 December, the Panel travelled to Japan to hold consultations with relevant Government authorities. From 10 to 11 December, the Panel travelled to Austria for consultations with the International Atomic Energy Agency. 10. From 13 to 18 December, one group of the Panel travelled to Jordan and Iraq to have consultations with relevant Government authorities on the implementation of relevant Security Council resolutions, while another group of the Panel travelled to Germany to consult on matters relevant to its mandate, including special valves ordered by the Islamic Republic of Iran.
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Annex II Reports received from Member States pursuant to paragraph 19 of Security Council resolution 1737 (2006), paragraph 8 of resolution 1747 (2007), paragraph 13 of resolution 1803 (2008) and paragraph 31 of resolution 1929 (2010)
(1) Pursuant to resolution 1737 (2006) (2) Pursuant to resolution 1747 (2007) (3) Pursuant to resolution 1803 (2008) (4) Pursuant to resolution 1929 (2010)
Member State
Albania
S/AC.50/2007/9 S/AC.50/2011/20 (combined report 1 to 4)
Algeria
S/AC.50/2007/65 (combined report 1 and 2) S/AC.50/2011/19 (combined report 1 to 4)
Andorra Argentina Armenia Australia Austria Azerbaijan Bahrain Bangladesh Belarus Belgium Brazil Brunei Darussalam Bulgaria Cambodia Canada China Colombia
S/AC.50/2007/50 S/AC.50/2007/57 S/AC.50/2007/57/ Add.1-2
S/AC.50/2009/3 S/AC.50/2008/60
S/AC.50/2010/34 S/AC.50/2011/1
S/AC.50/2012/2 (combined report 1 to 4) S/AC.50/2007/27 S/AC.50/2007/11 S/AC.50/2007/70 S/AC.50/2007/66 S/AC.50/2008/19 S/AC.50/2008/2 S/AC.50/2010/5 S/AC.50/2010/2 S/AC.50/2011/3 S/AC.50/2011/31
S/AC.50/2007/107 (combined report 1 and 2) S/AC.50/2008/44 S/AC.50/2007/67 S/AC.50/2007/47 S/AC.50/2007/41 S/AC.50/2007/10 S/AC.50/2007/26 S/AC.50/2007/77 S/AC.50/2007/74 S/AC.50/2007/82 S/AC.50/2008/16 S/AC.50/2008/14 S/AC.50/2008/63 S/AC.50/2008/64 S/AC.50/2008/11 S/AC.50/2007/121 S/AC.50/2008/12 and Add.1
S/AC.50/2010/27 S/AC.50/2010/18 S/AC.50/2010/22 S/AC.50/2011/27 S/AC.50/2010/31
S/AC.50/2008/1 (combined report 1 and 2) S/AC.50/2007/2 and Add.1 S/AC.50/2007/125 S/AC.50/2007/33 S/AC.50/2007/22 S/AC.50/2007/75 S/AC.50/2007/99 S/AC.50/2007/108 and Add.1
S/AC.50/2008/5 S/AC.50/2008/18
S/AC.50/2010/35 S/AC.50/2010/32
S/AC.50/2011/8 (combined report 1 to 4)
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(1) Pursuant to resolution 1737 (2006)
(2) Pursuant to resolution 1747 (2007)
(3) Pursuant to resolution 1803 (2008)
(4) Pursuant to resolution 1929 (2010)
Member State
Costa Rica Croatia Cuba Cyprus Czech Republic Denmark Djibouti Ecuador Egypt Estonia Finland France Georgia Germany Ghana Greece Grenada Guatemala Hungary India Indonesia Iraq Ireland Israel Italy Jamaica Japan
S/AC.50/2007/71 (combined report 1 and 2) S/AC.50/2007/15 S/AC.50/2007/38 S/AC.50/2007/117 S/AC.50/2007/89 S/AC.50/2008/61 S/AC.50/2008/38 S/AC.50/2010/20 S/AC.50/2010/33 S/AC.50/2007/85 S/AC.50/2011/17 (combined report 1 to 4) S/AC.50/2007/129 (combined report 1 and 2) S/AC.50/2007/59 S/AC.50/2007/49 S/AC.50/2007/19 S/AC.50/2007/17 S/AC.50/2007/29 S/AC.50/2007/37 S/AC.50/2007/136 S/AC.50/2007/60 S/AC.50/2007/140 S/AC.50/2007/100 (combined report 1 and 2) AC.50/2008/33 S/AC.50/2007/81 (combined report 1 and 2) S/AC.50/2007/20 S/AC.50/2007/5 S/AC.50/2007/123 S/AC.50/2008/59 S/AC.50/2008/49 S/AC.50/2008/10 S/AC.50/2010/36 S/AC.50/2011/14 S/AC.50/2011/6 S/AC.50/2007/122 S/AC.50/2011/15 S/AC.50/2007/98 S/AC.50/2008/15 S/AC.50/2007/68 S/AC.50/2007/113 S/AC.50/2007/97 S/AC.50/2007/84 S/AC.50/2008/26 S/AC.50/2008/39 S/AC.50/2008/3 S/AC.50/2010/26 and Add.1 S/AC.50/2010/19 S/AC.50/2010/8 S/AC.50/2010/24 S/AC.50/2010/11 S/AC.50/2010/15 S/AC.50/2010/39 S/AC.50/2010/47
S/AC.50/2007/128 (combined report 1 and 2) S/AC.50/2008/65 S/AC.50/2007/14 S/AC.50/2007/13
S/AC.50/2011/13, S/AC.50/2011/13/Add.1 (combined report 1 to 4) S/AC.50/2010/1 (combined report 1 to 3) S/AC.50/2007/141 (combined report 1 and 2) S/AC.50/2009/4 S/AC.50/2007/25 S/AC.50/2007/103 S/AC.50/2008/47 S/AC.50/2008/21 S/AC.50/2007/16 S/AC.50/2007/79 S/AC.50/2008/24 S/AC.50/2010/12 S/AC.50/2011/30 S/AC.50/2011/2 S/AC.50/2010/41
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(1) Pursuant to resolution 1737 (2006)
(2) Pursuant to resolution 1747 (2007)
(3) Pursuant to resolution 1803 (2008)
(4) Pursuant to resolution 1929 (2010)
Member State
Jordan Kazakhstan Kuwait Kyrgyzstan Latvia Libyan Arab Jamahiriya Liechtenstein Lithuania Luxembourg Malta Mauritius Mexico Monaco Montenegro Morocco Namibia Netherlands New Zealand Niger Nigeria Norway Oman Pakistan Panama
S/AC.50/2007/119 (combined report 1 and 2) S/AC.50/2008/17 S/AC.50/2007/39 S/AC.50/2007/102 S/AC.50/2008/36
S/AC.50/2011/7 S/AC.50/2011/11
S/AC.50/2007/118 (combined report 1 and 2) S/AC.50/2008/57 and Add. 1 S/AC.50/2007/53 S/AC.50/2007/62 S/AC.50/2007/61 S/AC.50/2007/31 S/AC.50/2007/34 S/AC.50/2007/64 S/AC.50/2007/7 S/AC.50/2007/63 S/AC.50/2008/35 S/AC.50/2008/58 S/AC.50/2008/45 S/AC.50/2010/29 S/AC.50/2007/90 S/AC.50/2008/50 S/AC.50/2007/91 S/AC.50/2007/69 S/AC.50/2008/53 S/AC.50/2011/26 (combined report 3 and 4) S/AC.50/2008/51 S/AC.50/2008/27 S/AC.50/2008/55 S/AC.50/2011/10 S/AC.50/2011/9 S/AC.50/2012/4 S/AC.50/2010/16
S/AC.50/2007/35 and S/AC.50/2007/106 Add.1 S/AC.50/2007/58 S/AC.50/2007/130 S/AC.50/2007/94 S/AC.50/2007/126
S/AC.50/2011/24 (combined report 1 to 4) S/AC.50/2009/2 (combined report 1 to 3) S/AC.50/2010/14 S/AC.50/2010/42 S/AC.50/2007/48 S/AC.50/2007/36 S/AC.50/2007/73 S/AC.50/2007/132 S/AC.50/2008/32 S/AC.50/2008/22 S/AC.50/2010/10 S/AC.50/2010/6
S/AC.50/2007/135 (combined report 1 and 2) S/AC.50/2011/4 (combined report 1 to 4) S/AC.50/2007/6 S/AC.50/2007/93 S/AC.50/2008/4
S/AC.50/2008/62 (combined report 1 to 3) S/AC.50/2007/12 S/AC.50/2007/96 S/AC.50/2008/6 S/AC.50/2010/17 and Add.1
S/AC.50/2007/139 (combined report 1 and 2) S/AC.50/2011/25 (combined report 1 to 4)
10
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(1) Pursuant to resolution 1737 (2006)
(2) Pursuant to resolution 1747 (2007)
(3) Pursuant to resolution 1803 (2008)
(4) Pursuant to resolution 1929 (2010)
Member State
Peru Philippines Poland Portugal Qatar Republic of Korea Republic of Moldova Romania Russian Federation San Marino Saudi Arabia Serbia Singapore Slovakia Slovenia South Africa Spain Sri Lanka Suriname Sweden Switzerland Thailand The former Yugoslav Republic of Macedonia Turkey Turkmenistan
S/AC.50/2007/44
S/AC.50/2007/86
S/AC.50/2008/41
S/AC.50/2010/30 S/AC.50/2011/29 S/AC.50/2011/23 S/AC.50/2010/43 S/AC.50/2010/44 S/AC.50/2010/9 S/AC.50/2011/18
S/AC.50/2007/137 (combined report 1 and 2) S/AC.50/2009/1 S/AC.50/2007/43 S/AC.50/2007/56 S/AC.50/2007/95 S/AC.50/2007/111 S/AC.50/2008/37 S/AC.50/2008/30 S/AC.50/2008/25 S/AC.50/2008/28
S/AC.50/2007/24 and S/AC.50/2007/87 Add.1 and Add.1 S/AC.50/2007/51 S/AC.50/2007/115
S/AC.50/2007/127 (combined report 1 and 2) S/AC.50/2007/30 S/AC.50/2007/8 and Add.1 S/AC.50/2007/101 S/AC.50/2007/92 and Add.1 S/AC.50/2008/52 S/AC.50/2008/13 and Add.1
S/AC.50/2010/38 S/AC.50/2010/4 and Add.1 S/AC.50/2010/40
S/AC.50/2007/120 S/AC.50/2007/52 S/AC.50/2007/45 S/AC.50/2007/42 S/AC.50/2007/23 S/AC.50/2007/4 S/AC.50/2007/55 S/AC.50/2007/131 S/AC.50/2007/116 S/AC.50/2007/78
S/AC.50/2008/56 S/AC.50/2010/45 S/AC.50/2008/43 S/AC.50/2008/9 S/AC.50/2008/54 S/AC.50/2008/40 (combined report 2 and 3) S/AC.50/2007/112 S/AC.50/2007/133 S/AC.50/2008/46 S/AC.50/2010/28 S/AC.50/2011/12 S/AC.50/2011/16 S/AC.50/2010/46 S/AC.50/2011/22 S/AC.50/2011/5 and Add.1
S/AC.50/2007/138 (combined report 1 and 2) S/AC.50/2007/21 S/AC.50/2007/40 Not published S/AC.50/2007/1 S/AC.50/2007/83 S/AC.50/2007/109 Not published S/AC.50/2007/114 S/AC.50/2008/20 S/AC.50/2008/29 S/AC.50/2008/42 S/AC.50/2010/3 S/AC.50/2010/37 S/AC.50/2010/23
S/AC.50/2007/32 S/AC.50/2012/1 (combined report 1 to 4)
S/AC.50/2010/13
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(1) Pursuant to resolution 1737 (2006)
(2) Pursuant to resolution 1747 (2007)
(3) Pursuant to resolution 1803 (2008)
(4) Pursuant to resolution 1929 (2010)
Member State
Ukraine United Arab Emirates United Kingdom of Great Britain and Northern Ireland United States of America Uruguay Uzbekistan Viet Nam Yemen
S/AC.50/2007/80 and Add.1 (combined report 1 and 2) S/AC.50/2007/46 S/AC.50/2007/3 S/AC.50/2007/104 S/AC.50/2007/72
S/AC.50/2008/7
S/AC.50/2011/21 S/AC.50/2010/25
S/AC.50/2008/31
S/AC.50/2010/21
S/AC.50/2007/18
S/AC.50/2007/88 S/AC.50/2007/134 and Add.1
S/AC.50/2008/34 S/AC.50/2008/8
S/AC.50/2010/7 S/AC.50/2012/5
S/AC.50/2007/124 (combined report 1 and 2) S/AC.50/2008/23 S/AC.50/2007/54 S/AC.50/2007/76 S/AC.50/2007/110 S/AC.50/2008/48 S/AC.50/2012/3
Non-Member States/Observers European Union S/AC.50/2007/28 S/AC.50/2007/105
12
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