DECREE NO. 7,290, DE 1º OF SEPTEMBER 2010.

Disposes about execution in the Territory National of Resolution No 1,907 of December 23, 2009, of the United Nations Security Council, which imposes sanctions regime against the State of Eritrea

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso IV, of the Constitution, in view of the provisions of art. 25 of the Charter of the United Nations, promulgated by Decree No 19,841 of October 22, 1945, and

Considering the adoption, on December 23, 2009, of the Resolution No 1,907 of the Security Council of United Nations, which, among other arrangements, establishes sanctions regime against the state of Eritrea, by establishing arms embargo and financial and locomotion restrictions on individuals and entities designated by the Committee, based on the devices instituted by Resolution No 751 (1992) and complemented by Resolution No 1,907 (2009) ;

DECRETA:

Art. 1º Stay the Brazilian authorities obliged, within the framework of their respective assignments, to compliance with the provisions of the Resolution No 1,907 adopted by the United Nations Security Council on December 23, 2009, attached to this Decree.

Art. 2º This Decree shall enter into force on the date of its publication.

Brasilia, 1º September 2010 ; 189º of the Independence and 122º of the Republic.

LUIZ INACIO LULA DA SILVA

Antonio de Aguiar Patriota

ANNEX

Resolution 1907 (2009)

Adopted by the Security Council at its 6254a session, on December 23, 2009

The Security Council,

Recording your resolutions and statements previous presidential over 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), July 9, 2009 (S/PRST/2009/19) and June 12, 2008 (S/PRST/2008/20),

reaffirming its commitment to sovereignty, territorial integrity, as well as with the political independence and unity of Somalia, Djibouti and Eritrea,

Highlighting the importance of solving the border dispute between Djibouti and Eritrea,

reaffirming that the Agreement and the peace process of the Djibouti are essential elements for the solution of the conflict in Somalia and reaffirming, equally, its support for the Transitional Federal Government,

Taking into account that the African Union, in its 13ª Assembly, held in Sirte (Libya), has taken the decision to request the Council to impose sanctions on external actors, whether or not part of the region, in particular Eritrea, which provide support to armed groups conducting activities destabilizing in Somalia and seek to undermine efforts for peace and reconciliation, as well as regional stability (S/2009/388),

Taking into account, equally, the adopted decision by the African Union in its 13ª Assembly held in Sirte (Libya), in which it noted, with great restlessness, the total absence of progress in the implementation, by Eritrea, of Resolution 1862 (2009), regarding the border dispute between the Djibouti and Eritrea (S/2009/388),

Demonstrating great concern about the conclusions of the Oversight Group reinstated by Resolution 1853 (2008), described in the December 2008 report (S/2008/769), according to which Eritrea would have granted political, financial and logistical support to armed groups that threatened the peace efforts, reconciliation in Somalia and regional stability ;

Condemning all the armed attacks perpetrated against officers and institutions of the Federal Government of Transition, the civilian population, humanitarian agents and officials of the African Union Mission in Somalia (AMISOM),

Demonstrating great concern for the a rejection, by Eritrea of the Djibouti Agreement, as indicated in the letter of May 19, 2009, forwarded to the President of the Council by the Permanent Representative of Eritrea to the United Nations (S/2009/256),

Recording its Resolution 1844 (2008), which has determined the imposition of measures against persons and entities designated by the involvement or participation in acts against the peace, security and stability of Somalia, or by the practice of acts that violate the arms embargo or obstruct the submission of humanitarian aid to Somalia,

Expressing their recognition for provided by AMISOM to the stability of Somalia and also expressing its appreciation for the commitment of the Governments of Burundi and Uganda to support the Mission,

Reiterating its intention to adopt measures against all who prevent or obstruct the peace process in Djibouti.

Demonstrating deep concern for the non-withdrawal of the Eritrean troops to the status quo ante bellum, as requested by the Security Council in its Resolution 1862 (2009) and by the presidential statement of June 12, 2008 (S/PRST/2008/20),

Reiterating your major concern over refusal from Eritrea to maintain dialogue with Djibouti, accept bilateral contacts and mediation and facilitation initiatives of sub-regional and regional bodies and respond positively to the initiatives of the Secretary-General,

Having regard to the letter from the Secretary-General published on March 30, 2009 (S/2009/163) and the information submitted later by the Secretariat, regarding the conflict between Djibouti and Eritrea,

Noting that Djibouti withdrew its troops to status quo ante bellum and cooperated fully with all concerned, in particular, the United Nations mission for the establishment of facts and the initiatives of good offices of the Secretary-General,

Determining that Eritrea's actions, in the felt to harm peace and reconciliation in Somalia, as well as the dispute between Djibouti and Eritrea, pose a threat to peace and security,

Upacting under the auspices of Chapter VII of the Letter from the United Nations,

1. It reaffirm that all Member States, including Eritrea, should fully comply with the terms of the arms embargo established by paragraph 5 of resolution 733 (1992), expanded and modified by Resolutions 1356 (2001), 1425 (2002), 1725 (2006), 1744 (2007) and 1772 (2007), concerning the situation of Somalia, and the provisions of Resolution 1844 (2008) ;

2. Calls on all Member States, including Eritrea, to support the Djibouti peace process and the reconciliation efforts committed by the Somali Federal Government of Transition and requires Eritrea to suspend all activities that contribute, directly or indirectly, to the destabilization or overthrow of the Federal Transition Government ;

3. It recites the requirement that Eritrea comply immediately with the devices of Resolution 1862 (2009) and:

i) Retire all troops and equipment military to the status quo ante and ensure that there will be no presence or military exercises in Ras Doutree and on the Isle of Doutree, where the June 2008 conflict occurred,

ii) Recognize the border controversy with the Djibouti in Ras Doutree and on the Isle of Doutree, adopt active participation in dialogues, with views to appease tensions, and also participate in diplomatic initiatives that lead the mutually acceptable solution to the border issue ;

iii) Cumpra international obligations arising from the condition of Member of the United Nations, respect the principles mentioned in paragraphs 3, 4 and 5 of Article 2 and Article 33 of the Charter and cooperate fully with the Secretary-General, in particular, within the framework of the proposal for good offices mentioned in paragraph 3 of resolution 1862 (2009) ;

4. It requires Eritrea to provide information on the missing djibutian fighters since the clashes between 10 and June 12, 2008, so that those interested can note the presence of Djibouti prisoners of war and their health conditions ;

5. Decides that all Member States should adopt, in immediate character, the measures necessary to prevent the sale or supply of armaments and related materials, including weapons, ammunition, vehicles and military equipment, paramilitaries and spare parts, by their nationals, from their territories or upon use of vessels or aircraft from their pavilion, as well as the provision of technical assistance, training, financial or other nature, related to military activities or to the supply, manufacture, maintenance and use of such articles, whether or not they have been from their territory ;

6. Decides that Eritrea should not provide, sell or transfer, directly or indirectly, no conical weaponry or material, coming from its territory, through its nationals or the use of vessels or aircraft of its pavilion, and that all Member States should prohibit their nationals from obtaining from Eritrea, or that they use vessels or aircraft from their pavilion to obtain the articles, training or assistance described in paragraph 5 supracitated, whether or not they come from the territory Eritrean ;

7. Calls on all Member States to inspect, in accordance with their national authorities and legislation and in accordance with International Law, every shipment intended for Somalia and Eritrea or coming from these countries, if they have information that provide reasonable evidence that the said shipment contains articles whose supply, transfer or export is prohibited, as per paragraphs 5 and 6 of this Resolution or the general embargo regime imposed on the 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, in so far as they identify articles prohibited by paragraphs 5 and 6 above, to seize and delete (upon destruction or destruction) the articles whose supply, sale, transfer or export are prohibited by paragraphs 5 and 6 of this Resolution, and it shall also decide that all Member States are required to proceed in agreement and to cooperate with such efforts ;

9. Calls on all Member States to identify articles whose supply, sale, transfer or export are prohibited by paragraphs 5 and 6 of this Resolution, to be submitted, promptly, to the Committee, report containing detailed information, in particular on the measures adopted to apprehend and eliminate such articles ;

10. Decides that all Member States should adopt necessary measures to prevent the entry or transit of persons designated by the Committee of the Security Council established by Resolution 751 (1992) and whose mandate has been extended by Resolution 1844 (2008) (henceforth called?the Committee?), in accordance with the criteria set out in paragraph 15 below, taking into account that none of the provisions of this paragraph obliges a Member State to refuse, to its own nationals, the entry into its territory ;

11. It decides that the measures imposed by paragraph 10 above will not apply in the following cases:

a) when the Committee decides, upon analysis of each case, that the trip is justified for humanitarian reasons, including by religious duty,

b) when the Committee concludes, upon 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, direct or indirect, of weapons, military equipment, weaponry and related material of all luck, including weapons and munitions, vehicles and military and paramilitary equipment, spare parts by their nationals, coming from their territories or upon use of vessels and aircraft from their pavilion, as well as the direct or indirect provision of technical assistance and empowerment, financial or other nature, included investment services, intermediation and financial services of any kind, related to military activities or the supply, sale, transfer, fabrication, maintenance or use of weapons and military equipment, to persons or entities designated by the Committee, in accordance with paragraph 15 below ;

13. It shall decide that all Member States shall immediately freeze funds and other financial assets and economic resources which are in their territory on the date of approval of this Resolution or at a later date and which are property or are 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 under their direction and decides, too, that all Member States shall ensure that their nationals or any other person or entity that is in their territory does not, at the disposal of such persons and entities, funds, financial assets or economic resources or use them in their charium ;

14. It decides that the provisions of paragraph 13 above will not be applied to the funds, financial assets and economic resources that the Member States consider:

a) necessary for plating with basic expenses, as food, rentals and mortgages, medical and medical treatment, taxes, insurance premiums and public service spending, or exclusively, for the payment of reasonable professional fees and the reimbursement of expenses related to provision of legal services, or of fees and posts by service, in accordance with national legislation, for the routine maintenance of funds and other financial assets and frozen economic resources, after the Member State in issue has notified the Committee of the intention to authorize, where appropriate, access to such funds, financial assets and economic resources and, in the absence of contrary decision of the Committee, transcurated three business days after notification ;

b) required to shoulder with expenses extraordinary, provided that the State or Member States involved have notified the Committee and of it received annuity ;

c) object of warranty or judicial decision, administrative or arbitral which permits the use of funds, financial assets or other economic resources, provided that the guarantee or judicial decision has been determined earlier at the date of this resolution, the beneficiary of the said decision shall not be an individual or entity designated by the Committee as paragraph 13 below and the guarantee or judicial, administrative or arbitral decision are brought to the notice of the Committee by the State or the Member States concerned.

15. Decides that the provisions of paragraph 10 above apply to all persons, including, but not only, to the high political and military authorities of Eritrea and that the provisions of paragraphs 12 and 13 apply to the persons and entities, including, but not only, to the high political and military authorities of Eritrea, to governmental and parastate entities and to private entities belonging to Eritrean nationals, residing in territory Eritrean or abroad, designated by the Committee for:

a) Violating of the measures imposed by the paragraphs 5 and 6 above ;

b) Grant support, in provenance of the Eritrean territory, to armed opposition groups that seek to destabilize the region ;

c) Obstructing the implementation of Resolution 1862 (2009) referring to Djibouti ;

d) Providing shelter, financing, aid, support, organization, training or training to persons or groups seeking to commit acts of violence or terrorism against other states or citizens of the region ;

e) Obstructing investigations and work of the Somali Oversight Group

16. It requires all Member States, in particular Eritrea, to suspend the supply of weapons, training and equipping of armed groups, included Al-Shabaab, to seek to destabilize the region or incite violence and civil conflicts in the Djibouti ;

17. It requires that Eritrea cease to facilitate travel and cease to grant other forms of financial support to persons or entities designated by the Committee and other sanctions committees, in particular the Committee established by Resolution 1267 (1999), as per the provisions of the relevant resolutions ;

18. Decides to broaden the mandate of the Committee to assume the following additional responsibilities:

a) Supervisar, with the support of the Group of Supervision of Somalia, the implementation of the measures imposed in paragraphs 5.6, 8, 10, 12 and 13 above ;

b) Assign people and subject entities the measures set out in paragraphs 10, 12 and 13 referred to above, as per the criteria set out in paragraph 15 above ;

c) Examining the exemption applications provided for in the paragraphs 11 and 14 above and pronounce on them ;

d) Update the guidelines for adhering to to new tasks

19. Decides to extend the mandate of the Somali Oversight Group, extended by Resolution 1853 (2008), by tasked with overseeing the implementation of the measures set out by this Resolution, report on progress on the topic and perform the tasks described below, and calls on the Secretary-General to adopt the necessary provisions to mobilise additional staff and resources, in order that the enlarged Oversight Group can continue the fulfillment of its mandate and, ademais, requests the Group to:

a) assist the Committee in supervising the application of the measures imposed by paragraphs 5,6,7,8,10,12 and 13 above, by transmitting, in particular, all kinds of information regarding the violations ;

b) examine all information of interest to application of paragraphs 16 and 17 referred to above that should be brought to the notice of the Committee ;

c) include in the reports of the Council of Security all information useful to the designation, by the Committee, of persons and entities, as per the criteria described by paragraph 15 above ;

d) coordinate, when appropriate, with others groups of experts from the sanctions committees in the execution of such tasks ;

20. Calls on all Member States to provide information to the Security Council within 120 days after the adoption of this resolution, on the initiatives adopted to implement the measures set out in paragraphs 5,6,10,12 and 13 above ;

21. Declares that it will continue examining Eritrea's actions and that it will be willing to adjust the measures, either by intensifying them, modifying them or suspending them, depending on the degree of Eritrea's engagement in the fulfilment of the devices of the present resolving ;

22. Calls on the Secretary-General to report, within 180 days, on the fulfilment by Eritrea of the provisions of this resolution ;

23. Decides to continue to actively occupy the issue.