Decree No. 5367, Of 4 February 2005

Original Language Title: Decreto nº 5.367, de 4 de Fevereiro de 2005

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DECREE NO 5,367 OF February 4, 2005

Provides on the implementation in the National Territory of United Nations Security Council Resolution 1,579 of December 21, 2004, which amends the sanctions regime to Liberia.

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

Considering the provisions of Decree No 4,299 of July 11, 2002, in Decree No 4,742 of June 13, 2003, in Decree No 4,995 of February 19, 2004, and in Decree No 5,096, 1º June 2004 ; and

Considering the adoption, on December 21, 2004, of Resolution No. 1,579 by the United Nations Security Council ;

DECRETA:

Art. 1º Stay the Brazilian authorities obliged, within the framework of their respective powers, to comply with the provisions of Resolution No 1,579 (2004) adopted by the United Nations Security Council on December 21, 2004, annexed to this Decree.

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

Brasilia, February 4, 2005 ; 184º of Independence and 117º of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

The Security Council,

Recording your previous resolutions and statements by your President on the situation in Liberia and West Africa,

Taking note of the reports of September 24, 2004 (S/2004/752) and of December 6, 2004 (S/2004/955), of the United Nations Panel of Experts on Liberia established as per Resolution 1549 (2004),

Taking note of the letter from the Special Representative of the Secretary-General in Liberia of December 13, 2004 to the Chairman of the Committee established by paragraph 21 of Resolution 1521 (2003),

Recognizing the link between illegal exploitation of natural resources, such as diamonds and wood, the illicit trade in such resources, and the proliferation and trafficking of weapons as practices that stimulate and exacerbate the conflicts in West Africa, particularly in Liberia,

Recalling that the measures imposed in Resolution 1521 (2003) were established to prevent illegal exploitation from stimulating the resumption of the conflict in Liberia, as well as to support the implementation of the Comprehensive Peace Agreement and the extension of the authority of the Government of National Transition throughout Liberia,

Expressing satisfaction with the fact that the full unfolding of the United Nations Mission in Liberia (UNMIL) has contributed to the improvement of security across Liberia, but acknowledging that the Government of National Transition has not yet established its authority all over Liberia,

Expressing concern over the fact that former President Charles Taylor and others with strong links with him continue to engage in activities that solver peace and stability in Liberia and the region,

Having reviewed the measures imposed by paragraphs 2, 4, 6 and 10 of Resolution 1521 (2003) and paragraph 1 of resolution 1532 (2004) and progress towards the achievement of the objectives set out in paragraphs 5, 7, and 11 of the Resolution 1521 (2003),

Welcoming the advances made by the Liberian National Transition Government in order to comply with the conditions set by the Security Council to end the measures imposed by Resolution 1521 (2003),

Noting the completion of demobilization and disarmament and respect for the ceasefire and implementation of the Comprehensive Peace Agreement, but pointing out that significant challenges remain to complete reintegration, repatriation and restructuring of the security sector, as well as to establish and maintain stability in Liberia and in the sub-region,

Noting with concern that, despite initiating major reforms, Liberia's National Transition Government has achieved only limited progress to ensure the establishment of its total authority and control on the areas of timber production and to ensure that the government yields of the timber industry are not used to stimulate conflict or other violations of Council resolutions but are used for legitimate purposes for benefit of the Liberian people, including the development of the country.

Welcoming the initial preparations of the Liberian National Transition Government to establish an effective Certificate of Origin for the Gross Diamond Trade Regime that is transparent and internationally verifiable, awaiting the visit of the representatives of the Kimberley Process to Liberia in early 2005, encouraging the Government to continue its preparations in that area and urging states to strengthen their support for these efforts,

Determining that the situation in Liberia continues to constitute a threat to international peace and security in that region,

Acting in accordance with Chapter VII of the Charter of the United Nations,

1. Decides, based on the above considerations on the progress made by the Liberian National Transition Government in order to meet the conditions for terminating the measures imposed by Resolution 1521 (2003):

a) Renew the measures in relation to weapons and travel imposed by paragraphs 2 and 4 of Resolution 1521 (2003) for an additional period of 12 months from the date of adoption of this resolution and review them after six months ;

b) Renew the measures in relation to wood imposed by paragraph 10 of resolution 1521 (2003) for an additional period of 12 months from the date of adoption of this resolution and review them after six months ;

c) Renew the measures in relation to diamonds imposed by paragraph 6 of Resolution 1521 (2003) for an additional period of 6 months from the date of adoption of this resolution and review them after three months in view of the visit of the Kimberley Process and the preliminary report of the Panel of Experts requested under paragraph 8 (f) below, with a view to finishing the measures as soon as possible, when the Council concludes that the National Transitional Government has established an effective Certificate of Origin for the gross diamond trade regime that is transparent and internationally verifiable ;

2. It reafcompanies the Council's willingness to put an end to such measures once the conditions referred to in paragraph 1 above have been met ;

3. It encourages the Liberian National Transition Government to step up its efforts to meet these conditions, in particular by implementing the "Liberia Forest Initiative" and the necessary reforms in the Forestry Development Authority, and urges all members of the Government of National Transition to commit to this end for the benefit of Liberian people ;

4. Note that the measures imposed by paragraph 1 of Resolution 1532 (2004) remain in force to prevent former President Charles Taylor, his immediate family members, senior officials of the former Taylor regime or other allies or close associates of use diverted funds and properties to interfere with the restoration of peace and stability and in Liberia and sub-region and reafter their intention to review these measures at least once a year ;

5. It recites its call on the international donor community to continue to provide assistance to the peace process, including for reintegration and reconstruction, to contribute generously to consolidated humanitarian appeals, to re-pass the most quick possible the promises made at the Liberian Reconstruction Conference in New York in 5-6 February 2004, and to respond to the immediate financial, administrative and technical needs of the National Transition Government of the Liberia, in particular to assist the Government in complying with the conditions referred to in paragraph 1 above, so that the measures can be removed as soon as possible ;

6. It reaffirms the requirement that all states refrain from any action that may contribute to further destabilization of the situation of the sub-region and, ademais, determines that all states in West Africa act to prevent individuals and armed groups use their territories to prepare for or carry out attacks in neighboring countries ;

7. Reminds all States of their obligation to implement all measures of Resolutions 1521 (2003) and 1532 (2004) and, particularly, urges the Liberian National Transition Government to implement without delay its obligations in paragraph 1 of the Resolution 1532 (2004) of freezing the assets of all persons designated by the Committee established by paragraph 21 of Resolution 1521 (2003) ("the Committee") ;

8. Decides to reinstate the Panel of Experts designated in accordance with Resolution 1549 (2004) for a new period until June 21, 2005, to carry out the following tasks:

a) Conduct a mission of evaluation and follow-up to Liberia and neighboring countries, with the aim of investigating and compiling a report on the implementation and any violations of the measures referred to in paragraph 1 above, including any relevant information for the designation by the Committee of the individuals described in paragraph 4 (a) of resolution 1521 (2003) and paragraph 1 of resolution 1532 (2004), and including the various sources of financing of the illegal trade of weapons, as well as natural resources ;

b) Assessing the impact and effectiveness of measures imposed by paragraph 1 of resolution 1532 (2004) ;

c) Assess the progress made with views to the fulfilment of the conditions referred to in paragraph 1 above ;

d) Assess the humanitarian and socio-economic impact of the measures imposed by paragraphs 2, 4, 6 and 10 of Resolution 1521 (2003) ;

e) To report to the Council, by means of the Committee, before June 7, 2005, on all the issues listed in this paragraph ;

f) Provide a preliminary report to the Council, by means of the Committee, before March 21, 2005, on progress with a view to meeting the conditions for termination of the measures on diamonds imposed by the paragraph 6 of Resolution 1521 (2003) ;

9. Calls on the Secretary-General, in consultation with the Committee, to indicate as soon as possible no more than five experts, with the appropriate knowledge on relevant issues, in particular in arms, wood, diamonds, finance, humanitarian themes and socio-economic and in any other relevant subject, enjoying as much as possible the specialty of the members of the Panel of Experts established as per Resolution 1549 (2004) and requests, ademais, to the Secretary-General to make the arrangements security financial required to support the Panel's work ;

10. Urge UNMIL and the United Nations Missions in Sierra Leone and the Côte d?Ivoire to continue watching the Committee and the Panel of Experts in accordance with paragraph 23 of Resolution 1521 (2003) ;

11. Urges all States and the Government of National Transition of Liberia to cooperate entirely with the Panel of Experts ;

12. Calls on the Secretary-General to submit a report to the Council, before June 7, 2005, on the basis of information from all relevant sources, including the Government of National Transition, UNMIL and the Economic Community of African States Western, on the progress made with views to the fulfilment of the conditions mentioned in paragraph 1 above ;

13. Decides to remain occupying the matter.