DECREE NO 5,695, DE February 7, 2006.

Disposes about execution in the Territory National of Resolution No 1,636 of the United Nations Security Council of October 31, 2005, which, among other arrangements, establishes travel restrictions, freeze of funds, financial assets and economic resources of individuals and entities suspected of involvement with the terrorist act that vitiated former Lebanese Prime Minister Rafiq Hariri.

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

Considering the adoption by the United Nations Security Council, Resolution No 1,636, of October 31, 2005, which, among other arrangements, lays out, in the operative paragraph 3º, travel restrictions, fund freeze, financial assets and economic resources of individuals and entities suspected of involvement with the act terrorist who vitimou, on February 14, 2005, the former Prime Minister of Lebanon, Rafiq Hariri ;

Considering the incorporation of the previous resolutions of the Security Council of Nations UN on terrorism, in particular Resolution No 1,373 of September 28, 2001, incorporated into Brazilian law by Decree No 3,976 of October 18, 2001 ;

DECRETA:

Art. 1º Stay the Brazilian authorities obliged, within the framework of their respective assignments, to compliance with the provisions of the Resolution No 1,636 (2005) adopted by the United Nations Security Council on October 31, 2005, append to this Decree.

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

Brasilia, February 7, 2006 ; 185º of the Independence and 118º of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

The Security Council,

Restating all of its previous pertinent resolutions, in particular Resolutions 1,595 (2005), April 7, 2005, 1,373 (2001), September 28, 2001, and 1,566 (2004), of October 8, 2004,

Reiterating your call so that you strictly respect sovereignty, integrity territorial, unity and political independence of Lebanon, under the sole and exclusive authority of the government of Lebanon,

Reclaiming that terrorism, in all its forms and manifestations, constitutes one of the threats more serious to peace and security,

Having examined closely the report of the Independent International Commission of Investigation (S/2005/662) ('the Commission') on the investigation of the terrorist attack with bombs occurred on February 14, 2005 in Beirut, Lebanon, which caused the death of former Lebanese Prime Minister Rafiq Hariri and 22 other people, in addition of injuring dozens of people,

Praising the Commission for the extraordinary professional work it has undertaken in difficult circumstances in providing assistance to the Lebanese authorities in their investigation concerning all aspects of that terrorist act, and taking note of the Commission's conclusion that the investigation is not yet complete,

Praising the states that have provided assistance to the Commission in the performance of their functions,

Praising also the Lebanese authorities for the full cooperation that they provided to the Commission in the performance of its functions, in accordance with paragraph 3º of Resolution 1,595 (2005),

Recording that, in accordance with its relevant resolutions, all states must render maximum assistance possible to criminal investigations or prosecutions concerning acts of terrorism and recalling, in particular, that its Resolution 1,595 (2005) had requested all States and all parties to cooperate fully with the Commission,

Taking note that the Commission has come to the conclusion that, despite the fact that the investigation has advanced in considerable ways and achieved important results, it is of the utmost importance to continue the investigation in and out of Lebanon with views to elucidate fully all aspects of this terrorist act, in particular to identify and bring to trial all those who are responsible for their planning, sponsorship, organization and perpetration,

Conscious of the requirement of the Lebanese people that all those responsible for the terrorist act that killed former Lebanese Prime Minister Rafiq Hariri to be identified and tried,

Recognizing, in this sense, the letter of the Lebanese Prime Minister addressed to the Secretary-General of October 13, 2005 (S/2005/651), requesting that the Commission's mandate be extended with a view to enabling it to follow by providing assistance to the Lebanese competent authorities in the investigations of the various dimensions of the crime terrorist,

Recognizing also the recommendation of the Commission that continuous international assistance is necessary to help the Lebanese authorities clarify this terrorist act, as well as the recommendation that sustainable effort by the international community to establish a platform for assistance and cooperation in conjunction with the Lebanese authorities in the field of security and justice is essential,

Wish to continue to support Lebanon in the search for truth and to do that those responsible for this terrorist act be tried for their crime,

Instant all states to provide to the Lebanese authorities and the Commission for help necessary and requested with respect to the investigation, in particular to provide all relevant information relating to this terrorist act,

reaffirming its deep commitment to Lebanon's national unity and stability, emphasizing that the future of Lebanon must be decided by peaceful means by the Lebanese themselves, free from intimidation and foreign intervention, and warning, in this sense, that attempts at jeopardizing the country's stability will not be tolerated,

Taking note of the Commission's findings that, due to infiltration into institutions and the Lebanese society of Syrian and Lebanese intelligence services working together, it would be difficult to imagine scenario in which a complex murder plan could have been carried out without their knowledge, and that there are founded motives for believing that the decision to assassinate former Prime Minister Rafiq Hariri could not be taken without the approval of Syrian security officers from the highest posts,

Aware of the Commission's conclusion that although Syrian authorities, after hesitation initial, have cooperated in limited degree with the Commission, several Syrian officials have tried to obstruct the investigation by making false or inaccurate statements,

Convinced that it is unacceptable, in principle, that someone, anywhere, escape from their liability for terrorist act, based on any reason, including the fact that it has obstructed the investigation or there is no cooperation in good faith,

Determining that this terrorist act and its implications pose threat to peace and to international security,

stressing the importance of peace and stability in the region, and the need for solutions peaceful,

Updated on the basis of Chapter VII of the United Nations Charter,

I

1. Welcomes the Commission's report ;

2. Takes note with extreme concern of the Commission's conclusion that there is convergent evidence pointing to the participation of Lebanese and Syrian officials in that terrorist act and that it is difficult to imagine scenario in which such a complex murder may have been executed without your knowledge ;

3. It decides, as a measure to assist in the investigation of that crime and without prejudice to the judicial decision on the culpability or innocence of any individual, who:

(a) all individuals designated by the Commission or the Government of Lebanon as suspects of involvement in the planning, sponsorship, organization or perpetration of this terrorist act, upon notification of this designation and agreement of the Committee established by the subparagraph (b), below, shall be subject to the following measures:

-all states must take the necessary measures with a view to preventing entry into their territories, or transit by him, of these individuals, as nothing in this paragraph obligates a state to refuse entry into its territory of its own nationals, or, if those individuals are found in their territories, they must ensure that the Commission can interview them, if requested, in accordance with applicable legislation ;

-all states must: freeze all funds, financial assets and economic resources that they find themselves in their territory and that they are owned or are under the direct or indirect control of entities that are owned or are under the direct or indirect control of these persons or of others who act on their behalf or under their direction ; ensure that their nationals or other persons who are in their territories do not put funds, financial assets or economic resources at the disposal of those persons or for their benefit ; and cooperate fully, in accordance with the applicable legislation, in any international investigation concerning the financial assets or operations of these persons or entities or of those acting on their behalf, including through the sharing of financial information ;

(b) shall be established, in accordance with rule 28 of the provisional Regulation of procedure, a Committee of the Security Council, made up of all its members, to perform the tasks described in the Annex to this resolution ;

(c) the Committee and any measures in force on the grounds of the subparagraph (a) will be extinguished when the Committee to report to the Security Council that all investigative and judicial procedures related to this terrorist attack have been finalized, unless the Security Council decides otherwise ;

4. It determines that the involvement of any state in that terrorist act would constitute serious violation of its obligations to prevent terrorism and refrain from supporting it, in compliance, in particular, with Resolutions 1,373 (2001) and 1,566 (2004), well as it would constitute grave violation of its obligation to respect Lebanon's sovereignty and political independence ;

5. Takes note, with extreme concern, of the Commission's conclusion that the Syrian authorities have cooperated in form, however not in substance, with the Commission and that several Syrian officials tried to induce the Commission to error in providing information false or inaccurate, and mandates that the continued lack of cooperation by Syria with the investigation would constitute serious violation of Resolutions 1,373 (2001), 1,566 (2004) and 1,595 (2005) ;

6. Takes note of Syria's recent statement concerning its intention to cooperate with the Commission and hopes that the Syrian government will comply fully with the commitments it is taking ;

II

7. It recognizes that the Commission's continued assistance to Lebanon as requested by the Lebanese government in the letter addressed to the Secretary-General of October 13, 2005 remains necessary with a view to elucidating, altogether, all aspects of that terrible crime, enabling, in this way, the identification and trial of all those who have participated in the planning, sponsorship, organization and perpetration of this terrorist act, as well as of their accomplices ;

8. Welcomes, in that sense, the Secretary-General's decision to extend the Commission's mandate by December 15, 2005, as authorized by the Security Council, through Resolution 1,595 (2005), and decides that it will extend the mandate again if the Commission thus recommends it and the government of Lebanon to request ;

9. It praises the Lebanese authorities for the bold decisions they have adopted with respect to the investigation, including on the recommendation of the Commission, and in particular by the detention and prosecution of former Lebanese security officers suspected of involvement in that terrorist act, and encourages the authorities of Lebanon to persevere in their efforts with the same determination, with a view to fully clarifying this crime ;

III

10. Endorses the conclusion of the Commission that it is up to the Syrian authorities to clarify much of the issues that have not yet been resolved ;

11. Decides, in that context, that:

a) Syria must detain Syrian officials or nationals whom the Commission considers suspects to haver participated in the planning, sponsorship, organization or perpetration of that terrorist act and to place them fully at the disposal of the Commission ;

b) the Commission will have, with respect to Syria, the same rights and assignments mentioned in the paragraph 3º of resolution 1,595 (2005) and, in that sense, Syria should cooperate fully and unconditionally with the Commission ;

c) the Commission has jurisdiction to determine the location and the modalities of interview of officials and Syrian nationals who consider relevant to the investigation ;

12. It insists that Syria does not interfere, directly or indirectly, in Lebanon's internal affairs, refrain from any attempt to destabilize Lebanon and strictly respect sovereignty, territorial integrity, unity and independence politics of that country ;

IV

13. Calls on the Commission to submit, by December 15, 2005, report to the Security Council on the progress of the investigation, including the cooperation it has received from the Syrian authorities, or at any previous date, should the Commission consider whereas such cooperation does not comply with the requirements set out in this resolution, so that, if necessary, the Council takes further action ;

14. Decides to keep occupying the issue.

ANNEX

The functions of the Committee established pursuant to paragraph 3º of this resolution are the following:

1. Include in the list of persons subject to the measures imposed by paragraph 3º (a) of this resolution those individuals nominated by the Commission or the Government of Lebanon, on the condition that no member of the Committee shall formulate objection within two working days of from receipt of the communication, in which case the Committee is expected to meet in fifteen days with views to be determined whether the measures imposed by paragraph 3º (a) are applicable.

2. Approve exceptions, on a case by case, to the measures set out in paragraph 3º (a):

i. with respect to travel restrictions, when the Committee determines that the trip is justified on humanitarian grounds, including religious obligations ; or when it comes to the conclusion that an exemption would promote, in some other way, the objectives of this resolving ;

ii. with respect to the freezing of funds and other economic resources, when the Committee determines that exemptions are required for basic spending, including food, rent or mortgage, medical medicine and treatment, tributes, insurance and public service fees ; or exclusively for the payment of professional fees in reasonable amount and the reimbursement of expenses effected with respect to the provision of legal or honorary services ; or fees for administration services or common maintenance of funds, other financial assets and frozen economic resources ;

3. Exclude from the list a person and exclude it from the scope of the measures imposed by paragraph 3 (a), when the Commission or the Government of Lebanon notifies that the person is no longer suspected of involvement in that terrorist act, on the condition that none member of the Committee formulate objection within two working days from the date of receipt of the notification, in which case the Committee is expected to meet within fifteen days with views to be decided on the said exclusion ;

4. To communicate to all member states which individuals are subject to the measures imposed by paragraph 3º (a).