Decree No. 7290, September 1, 2010

Original Language Title: Decreto nº 7.290, de 1º de Setembro de 2010

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Decree No. 7290, SEPTEMBER 1, 2010.
Adopts provisions concerning the performance in the national territory of resolution 1907, 23 December 2009, the UN Security Council imposing sanctions regime against the State of Eritrea, the President of the Republic, in the use of the role that gives the art. 84, section IV, of the Constitution, in view of the provisions of art. 25 of the UN Charter, promulgated by Decree No. 19841, October 22 1945, and considering the adoption, in December 2009, 23 of the 1907 resolution of the UN Security Council, which, among other provisions, imposing sanctions regime against the State of Eritrea, to establish arms embargo and financial restrictions and mobility to individuals and entities designated by the Committee based on the devices established by resolution 751 (1992) and supplemented by resolution 1907 (2009);
DECREES: Art. first Are the Brazilian authorities obliged, within the scope of their respective duties, the fulfilment of the provisions of the 1907 Resolution, adopted by the United Nations Security Council, on 23 December 2009, attaches to this Decree.
Art. 2 this Decree shall enter into force on the date of its publication.
Brasilia, September 1, 2010; 189 of independence and 122 of the Republic.

LUIZ INACIO LULA DA SILVA Antonio Patriota ANNEX Resolution 1907 (2009) Adopted by the Security Council at its 6254a meeting, on 23 December 2009, the Security Council, Recalling its previous resolutions and presidential statements on the situation in Somalia, the border dispute between Djibouti and Eritrea, in particular resolutions 751 (1992), 1844 (2008) and 1862 (2009) , and the statements of May 18 2009 (S/PRST/2009/15), 9 July 2009 (S/PRST/2009/19) and June 12 2008 (S/PRST/2008/20), Reaffirming its commitment to the sovereignty, territorial integrity and political independence and unity of Somalia, Djibouti and Eritrea, Highlighting the importance of resolved the border dispute between Djibouti and Eritrea , reaffirming that the agreement and the peace process in Djibouti are essential elements for the solution of the conflict in Somalia and reaffirms its support for the also the Transitional Federal Government, given that the African Union, at its 13th meeting, held in Sirte (Libya), made the decision to ask the Council to impose sanctions to external actors, whether or not part of the , in particular Eritrea, to provide support to armed groups which conduct destabilizing activities in Somalia and seek to undermine the peace and reconciliation efforts, as well as regional stability (S/2009/388), taking into account also the decision adopted by the African Union at its 13th meeting, held in Sirte (Libya), in which it was found, with great concern, the total absence of progress in the implementation by Eritrea, the resolution 1862 (2009), referring to the border dispute between Djibouti and Eritrea (S/2009/388), Demonstrating great concern with the findings of the monitoring group re-established by resolution 1853 (2008), described in the December 2008 report (S/2008/769), under which Eritrea would have granted political, financial and logistical support to armed groups that threatened peace efforts reconciliation in Somalia and regional stability;
Condemning all armed attacks perpetrated against officers and institutions of the Transitional Federal Government, the civilian population, humanitarian agents and officials of the African Union Mission in Somalia (AMISOM), Showing great concern over the rejection, by the Eritrea Djibouti agreement, as indicated in the letter of May 19, 2009 forwarded to the President of the Council by the Permanent Representative of Eritrea by the United Nations (S/2009/256) Recalling its resolution 1844 (2008), that the imposition of measures against persons and entities designated by the involvement or participation in acts against peace, security and stability of Somalia, or for the practice of acts that violate the arms embargo or obstruct the sending of humanitarian aid to Somalia, Expressing its recognition for the contribution provided by AMISOM to Somalia's stability and expressing also, his appreciation for the commitment of the Governments of Burundi and Uganda in supporting the mission, Reiterating its intention to adopt measures against all that prevent or obstruct the peace process in Djibouti.
Demonstrating deep concern about the non-withdrawal of Eritrean troops to the status quo ante bellum, as requested by the Security Council in its resolution 1862 (2009) and the presidential statement of June 12 2008 (S/PRST/2008/20), Reiterating its great concern over the refusal of Eritrea to maintain dialogue with Djibouti, accept bilateral contacts and mediation initiatives and facilitating subregional and regional bodies and respond positively to the initiatives of the Secretary-General , having regard to the letter from the Secretary-General issued on March 30 2009 (S/2009/163) and the information submitted subsequently by the Secretariat, concerning the conflict between Djibouti and Eritrea, noting that Djibouti withdrew his forces to the status quo ante bellum and cooperated fully with all stakeholders, in particular the United Nations Mission for establishment of facts and initiatives of good offices of the Secretary-General , stating that the actions of Eritrea, in order to undermine the peace and reconciliation in Somalia, as well as the dispute between Djibouti and Eritrea, constitute a threat to peace and security, Acting under the auspices of Chapter VII of the Charter of the United Nations, 1. Reiterates that all Member States including Eritrea, must fully comply with the terms of the arms embargo established by paragraph 5 of Resolution 733 (1992), extended and modified by Resolutions 1356 (2001), 1425 (2002), 1725 (2006), 1744 (2007) and 1772 (2007), concerning the situation in Somalia, and the provisions of Resolution 1844 (2008);
2. Urges all Member States, including Eritrea, to support the Djibouti peace process and committed to reconciliation efforts by the Transitional Federal Government of Somalia and demands that Eritrea stop all activities that contribute, directly or indirectly, to the destabilisation or overthrow of the Transitional Federal Government;
3. Reiterates the demand that Eritrea comply immediately with the provisions of resolution 1862 (2009) and (i)) remove all troops and military equipment to the status quo ante and ensure that there will be no presence or military exercises in Ras Doumeira and Doumeira island's, where the conflict occurred in June 2008, ii) recognizes the border controversy with Djibouti in Ras Doumeira and Doumeira island's , adopt active participation in the dialogue, with a view to appeasing tensions, and also diplomatic initiatives leading to mutually acceptable solution to the border issue;
III) comply with international obligations arising from membership of the United Nations, respect the principles mentioned in paragraphs 3, 4 and 5 of article 2 and article 33 of the Charter and to cooperate fully with the Secretary-General, in particular, in the context of the proposed good offices mentioned in paragraph 3 of Resolution 1862 (2009);
4. Demands that Eritrea provide information on djibutianos fighters missing since the clashes occurred between 10 and 12 June 2008 so that those interested can see the presence of prisoners of war of Djibouti and their health conditions;
5. Decides that all Member States should adopt, in immediacy, the necessary measures to prevent the sale or supply of arms and related material, including weapons, ammunition, military vehicles and equipment, paramilitary and spare parts for its nationals, from their territories or using their flag vessels or aircraft, as well as the provision of technical assistance , training, financial aid or of another nature, related to military activities or to the supply, manufacture, maintenance and use of such articles, whether originating or not in their territories;
6. Decides that Eritrea should not supply, sell or transfer, directly or indirectly, any arms or related materiel from its territory, through its nationals or using its flag vessels or aircraft, and that all Member States should prohibit their nationals from obtaining of Eritrea, or use of its flag vessels or aircraft to get the articles , training or the assistance described in paragraph 5 above, be they from the Eritrean territory;
7. Calls on all Member States to inspect, in accordance with their national authorities and legislation, and in accordance with international law, every shipment destined for Somalia and Eritrea or from those countries, if they have information that provides reasonable evidence that the shipment contains items the supply, transfer or export is prohibited, in accordance with paragraphs 5 and 6 of this resolution or the regime of general embargo imposed on Somalia by paragraph 5 of Resolution 733 (1992) , supplemented and modified by subsequent resolutions, in order to ensure the full implementation of such provisions;

8. Decides to authorize all Member States, to the extent that identify prohibited articles by paragraphs 5 and 6 above, to seize and remove (through destruction or destruction) articles whose supply, sale, transfer or export are prohibited by paragraphs 5 and 6 of the present resolution, and decides that all Member States are obliged to proceed accordingly and to cooperate with such efforts;
9. Requests all Member States, in so far as identifying articles whose supply, sale, transfer or export are prohibited by paragraphs 5 and 6 of this resolution, to be submitted to the Committee, delay report containing detailed information, in particular on the measures adopted to seize and remove such articles;
10. Decides that all Member States should adopt necessary measures to prevent the entry or transit of persons designated by the Security Council Committee established by Resolution 751 (1992) and whose mandate was extended by resolution 1844 (2008) (hereinafter? the Committee?), in accordance with the criteria set out in paragraph 15 below, bearing in mind that nothing in this paragraph obliges a Member State to refuse , to its own nationals entry into its territory;
11. Decides that the measures imposed by paragraph 10 above shall not apply in the following cases: a) when the Committee decide, through analysis of each case, that travel is justified on the grounds of humanitarian need, including religious obligation, b) when the Committee conclude, through analysis of each case, that an exemption may contribute to the goals of peace and stability in the region;
12. Decides that all Member States should adopt the necessary measures to prevent the supply, sale or transfer, directly or indirectly, of weapons, military equipment, arms and related materiel of all sorts, including weapons and ammunition, military vehicles and equipment, paramilitary and spare parts for its nationals, from their territories or using their flag vessels and aircraft as well as the direct or indirect provision of technical assistance and capacity-building, financial assistance or otherwise, included investment services, brokerage and financial services of any kind, related to military activities or to the supply, sale, transfer, manufacture, maintenance or use of arms and military equipment, the persons or entities designated by the Committee, in accordance with paragraph 15 below;
13. Decides that all States shall freeze without delay the funds and other financial assets and economic resources which are on their territories on the date of adoption of this resolution or in later time and owned or under direct or indirect control of the entities and persons designated by the Committee, in accordance with paragraph 15 below, or of persons and entities acting on their behalf or at their direction, and decides also, that all Member States should ensure that their nationals or any other person or entity in its territory is not put at the disposal of these persons and entities, funds, financial assets or economic resources or use us in your benefit;
14. Decides that the provisions of paragraph 13 above will not apply to funds, financial assets and economic resources that the Member States consider: a) needed to afford basic expenses, such as food, rent and mortgage, medicines and medical treatment, taxes, insurance premiums and public utility charges, or exclusively for payment of reasonable professional fees and reimbursement of expenses related to the provision of legal services , or fees and service charges, in accordance with national laws, for routine maintenance of funds and other financial assets and economic resources frozen, after which the Member State concerned has notified the Committee of the intention to authorise, where appropriate, access to such funds, financial assets and economic resources and in the absence of a contrary decision of the Committee , within three working days after notification;
b) needed to pay for extraordinary expenses, provided that the Member State or Member States concerned have notified the Committee and received his consent;
c) object of warranty or judicial, administrative or arbitration decision that allows the use of funds, financial assets or other economic resources, provided that the lien or judgment has been given prior to the date of this resolution, the beneficiary of that decision is not a person or entity designated by the Committee pursuant to paragraph 13 below and the warranty or the judicial decision administrative, or arbitral lien or judgement are brought to the attention of the Committee by the State or by the Member States concerned.
15. Decides that the provisions of paragraph 10 above apply to all people, including, but not limited to, the high political and military authorities of Eritrea and that the provisions of paragraphs 12 and 13 shall apply to persons and entities, including, but not limited to, the high political and military authorities of Eritrea, governmental and parastatal bodies and private entities belonging to nationals of Eritrea , residing in Eritrean territory or abroad, designated by the Committee by: a) Violate the measures imposed by paragraphs 5 and 6 above;
b) Provide support, consigned from Eritrean territory, the armed opposition groups that seek to destabilize the region;
c) Obstruct the application of Resolution 1862 (2009) regarding the Djibouti;
d) Provide shelter, financing, assistance, support, organization, training, or training to persons or groups who seek to commit acts of violence or terrorism against other States or citizens of the region;
e) Obstruct the investigations and the work of the monitoring group of Somalia 16. Requires all Member States, in particular Eritrea, cease the provision of weapons, training and equipping of armed groups, including Al-Shabaab, that seek to destabilize the region or incite violence and civil strife in Djibouti;
17. Demands that Eritrea stop facilitating travel and grant other forms of financial support to persons or entities designated by the Committee and by other sanctions committees, in particular the Committee established by resolution 1267 (1999), in accordance with the provisions of relevant resolutions;
18. Decides to extend the mandate of the Committee to take the following additional responsibilities: a) Oversee, with the support of the monitoring group of Somalia, the implementation of the measures imposed in paragraphs 5.6, 8, 10, 12 and 13 above;
b) designate the persons and entities subject to the measures set out in paragraphs 10, 12 and 13 above, according to the criteria set out in paragraph 15 above;
c) Examine requests for exemption provided for in paragraphs 11 and 14 above and comment on them;
d) update the guidelines for that suit to the new 19 tasks. Decides to extend the mandate of the monitoring group of Somalia, extended by resolution 1853 (2008), leaving him to supervise the implementation of the measures laid down by this resolution, reporting the progress of the theme and carry out the tasks described below, and requests the Secretary-General to adopt the necessary measures to mobilize additional resources and personnel, so that the monitoring group expanded to continue fulfilling its mandate and further requests the group to: assist the supervising Committee) the implementation of the measures imposed by paragraphs 5, 6, 7, 8, 10, 12 and 13 above, broadcasting, in particular, all kinds of information relating to violations;
b) examine all information of interest to the application of paragraphs 16 and 17 above that should be brought to the notice of the Committee;
c) include in the reports of the Security Council all relevant information to the designation, by the Committee, of persons and entities, in accordance with the criteria described by paragraph 15 above;
d) coordinate, as appropriate, with other groups of experts of the sanctions committees in the performance of such tasks;
20. Requests all Member States reporting to the Security Council, within 120 days after the adoption of this resolution, on initiatives taken to implement the measures set out in paragraphs 5, 6, 10, 12 and 13 above;
21. Declares that it will continue examining the actions of Eritrea and who will be willing to adjust the measures, is intensifying them, modifying them or suspending them, depending on the degree of engagement of Eritrea in fulfilment of the provisions of the present resolution;
22. Requests the Secretary-General to submit report within 180 days, for the fulfilment on the part of Eritrea, the provisions of the present resolution;
23. Decides to continue engaging actively.

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