DECREE NO. 6,935, OF August 12, 2009.

Disposes on the execution in the National Territory of Resolution nth 1,874, of June 12, 2009, of the Council of Security of the United Nations, which it maintains and strengthens the sanctions imposed on the Democratic People's Republic of Korea, provided for in Resolution n 1,718 of the Security Council, incorporated into the national legal planning by the Decree nth 5,957, of November 7, 2006, and, among other devices, prohibits the export of weapons and materials related by the Democratic People's Republic of Korea and restricts its import by that Country; authorizes the carrying out of inspections on vessels intended for the Democratic People's Republic of Korea, or from it; restricts the financial activities of the Democratic People's Republic of Korea; and requires the cessation of all nuclear and ballistic activities of the Republic Popular Democratic Republic of Korea.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers him the art. 84, incisus IV, of the Constitution, in accordance with article 25 of the Charter of the United Nations, promulgated by Decree n^o 19,841, of October 22, 1945, and

Considering the adoption, by the United Nations Security Council, to the amparo of Chapter VII of the United Nations Charter, of Resolution n 1,874, of June 12, 2009, which deepens measures provided for in Resolution n 1,718 of the United Nations Security Council of October 14, 2006, incorporated into the national legal planning by Decree n 5,957 of November 7, 2006, and, among others devices, prohibits the export of weapons and materials related by the Democratic People's Republic of Korea and restricts its import by that Country; authorizes the conduct of inspections on vessels intended for the Democratic People's Republic of Korea, or of it coming from; restricts the financial activities of the Democratic People's Republic of Korea; and requires the cessation of all nuclear and ballistic activities of the Democratic People's Republic of Korea;

DECRETA:

Art. 1th Ficam the Brazilian authorities obliged, in the framework of their respective assignments, to comply with the provisions of Resolution n 1,874 (2009), adopted by the United Nations Security Council on June 12, 2009, append to this Decree.

Art. 2th This Decree goes into effect on the date of its publication.

Brasilia, August 12, 2009; 188th of the Independence and 121th of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

Security Council of the United Nations

RESOLUTION 1874 (2009)

The Security Council,

Recalling its previous pertinent resolutions, including Resolutions 825 (1993), 1540 (2004), 1695 (2006) and, in particular, Resolution 1718 (2006), as well as Declarations Presidential of October 6, 2006 (S/PRST/2006/41) and April 13, 2009 (S/PRST/2009/ 7),

Restating that the proliferation of nuclear, chemical and biological weapons and their vectors constitutes a threat to international peace and security,

Expressing the most serious concern from the nuclear test carried out by the Democratic People's Republic of Korea in 25 from May 2009 (local time) in violation of resolution 1718 (2006); ante the challenge that such test constitutes to the Treaty on the Non-Proliferation of Nuclear Weapons and to international efforts dedicated to the strengthening of the global regime of non-proliferation of nuclear weapons, in preparation of the 2010 Examination Conference of the Non-Proliferation Treaty of Nuclear Weapons of 2010; and ante the danger posed to peace and stability in the region and its surroundings.

Ressaling its collective support for the Treaty on the Non-Proliferation of Nuclear Weapons and its commitment to the strengthening the Treaty in all its aspects and with global efforts in favor of nuclear non-proliferation and nuclear disarmament, and recalling that, under any circumstances, the Democratic People's Republic of Korea cannot have the condition of nuclear nuclear-armed state, in accordance with the one that has the Treaty on the Non-Proliferation of Nuclear Weapons,

Deploring the announcement made by the Democratic People's Republic of Korea of its decision to withdraw from the Treaty on the Non-Proliferation of Nuclear Weapons and to seek to provide itself with nuclear weapons,

Underlining once again the importance of which the People's Republic Democratic of Korea respond to other security and humanitarian concerns of the international community,

Underlining, equally, that the measures imposed by virtue of this Resolution are not aimed at causing adverse humanitarian consequences for the civilian population of the People's Republic Democratic of Korea,

Expressing his most serious concern from the fact that the test nuclear and the characteristic activities carried out by the Democratic People's Republic of Korea have amplified tension in the region and in its surroundings, and determining that there is still a clear threat to international peace and security,

reaffirming the importance that all Member States respect the purposes and principles of the Charter of the United Nations,

Acting under Chapter VII of the Charter of the United Nations, and adopting measures under its Article 41,

1. Condemns in the most veheous terms the nuclear test carried out by the Democratic People's Republic of Korea on May 25, 2009 (local time) in violation and in flagrant disregard of its pertinent resolutions, in particular Resolutions 1695 (2006) and 1718 (2006), and its Presidential Statement of April 13, 2009 (S/PRST/2009/ 7);

2. It requires the Democratic People's Republic of Korea to not conduct new nuclear tests or any launches that use ballistic technology;

3. Decides that the Democratic People's Republic of Korea suspends all activities related to its ballistic missile program and, in that sense, reinstates its pre-existing commitments with a moratorium on missile launches;

4. It requires the Democratic People's Republic of Korea to comply immediately and in full with its obligations under the relevant Security Council resolutions, in particular Resolution 1718 (2006);

5. It requires the Democratic People's Republic of Korea to retreat itself immediately in relation to the announcement of its decision to withdraw from the Treaty on the Non-Proliferation of Nuclear Weapons;

6. It requires, ademais, that the Democratic People's Republic of Korea reincorporate itself to the Treaty on the Non-Proliferation of Nuclear Weapons and to the safeguards of the International Atomic Energy Agency (IAEA), bearing in mind the rights and duties of the states Parts of the Treaty on the Non-Proliferation of Nuclear Weapons, and underlines the need for all States Parties to the Treaty on the Non-Proliferation of Nuclear Weapons to continue fulfilling their obligations under the Treaty;

7. Calls on all Member States to implement their obligations under resolution 1718 (2006), including with respect to the designations made by the Committee established by resolution 1718 (2006) (?the Committee?), in accordance with the Presidential Statement of April 13, 2009 (S/PRST/2009/ 7);

8. Decides that the Democratic People's Republic of Korea abandons all existing nuclear weapons and nuclear programs in a complete, verifiable and irreversible manner and immediately cetes all related activities; act in strict concordance with the obligations applicable to States Parties by virtue of the Treaty on the Non-Proliferation of Nuclear Weapons and with the terms and conditions of the International Atomic Energy Agency's Safeguards Agreement (INFCIRC/403); and provide to the International Atomic Energy Agency measures of transparency extending beyond those requirements, including access to individuals, documentation, equipment and facilities that may be requested and judged necessary by the IAEA;

9. Decides that the measures set out in paragraph 8 (b) of resolution 1718 (2006) apply equally to all related weapons and materials, as well as to financial transactions, technical capacity-building, advising, services or related assistance to the supply, production, maintenance or use of such weapons or materials;

10. Decides that the measures set out in paragraph 8 (a) of Resolution 1718 (2006) apply equally to all related weapons and materials, as well as to financial transactions, technical training, advising, services or related assistance to the supply, production, maintenance or use of such weapons or materials, except for small arms and light weaponry and related materials, and calls on States to exercise vigilance over the supply, sale or direct transfer or indirect to the Democratic People's Republic of Korea of small arms and light weaponry, and decides, ademals, that the States notify the Committee, at least five days in advance, the sale, supply or transfer of small arms and light weaponry to the Democratic People's Republic of Korea;

11. Calls on all states to be inspected, in accordance with their national legislation and with the competences of it arising, and in line with international law, all charges intended for the Democratic People's Republic of Korea, or of it coming from, who find themselves in their territories, including ports and airports, in the eventuality that the State in question possesses information that provides reasonable grounds to believe that the cargo contains items whose supply, sale, transfer or export is prohibited in paragraphs 8 (a), 8 (b) and 8 (c) of Resolution 1718 or in paragraphs 9 or 10 of this Resolution, for the purpose of ensuring the strict implementation of these devices;

12. Calls on all Member States to inspect vessels on the high seas, with the consent of the flag State, in the eventuality that the State in question possesses information that provides reasonable grounds to believe that the cargo contain items whose supply, sale, transfer or export is prohibited by paragraphs 8 (a), 8 (b) and 8 (c) of Resolution 1718 or by paragraphs 9 or 10 of this Resolution, for the purpose of ensuring strict implementation of these devices;

13. Calls upon all States to cooperate with inspections carried out in the amparo of paragraphs 11 and 12, and, in the eventuality that the flag State does not give its consent to the realization of the inspection on the high seas, decides that the flag State order that the vessel is taken to an appropriate and convenient port for the local authorities to carry out the inspection required of the amparo of paragraph 11;

14. Decides to authorize all Member States-and all Member States shall do so-to which they seize the items, and they shall have them, whose supply, sale, transfer or export is prohibited in paragraphs 8 (a), 8 (b) and 8 (c) of the Resolution 1718 or by paragraphs 9 or 10 of this Resolution, and which are uncovered in the inspections carried out in the amparo of paragraphs 11, 12 or 13 of this Resolution, in a manner that is not inconsistent with the obligations incumbent upon them by force of the applicable resolutions of the Security Council, including resolution 1540 (2004), as well as not inconsistent with any obligations of States Parties to the Treaty on the Non-Proliferation of Nuclear Weapons, of the Convention on the Prohibition of the Development, Production, Stocking and the Use of Chemical Weapons and on the Destruction of Existing Chemical Weapons in the World, April 29, 1997, and the Convention on the Prohibition of the Development, Production and Stocking of Bacteriological Weapons (Biological) and to the Base of Toxins and their Destruction, of April 10, 1972, and decides, ademals, that all states cooperate in such efforts;

15. Requests, to the Member State to carry out an inspection of the amparo of paragraphs 11, 12 or 13, or to seize a load, or to have it dispose of paragraph 14, which promptly submits to the Committee a report containing relevant details on the inspection, the seizure or the disposition;

16. Requests, to the Member State not to receive the cooperation of a flag State, to the amparo of paragraph 12 or 13, which shall promptly submit to the Committee a report containing the relevant details;

17. Decides that Member States shall prohibit the provision, by their nationals or from their territory, of provisioning services, such as the supply of fuel and other items, or other shipping services, to vessels of the Republic Popular Democratic Republic of Korea, in the eventuality that they have information that will provide reasonable grounds to believe that the vessel in question is transporting items whose supply, sale, transfer or export is prohibited in paragraphs 8 (a), 8 (b) or 8 (c) of resolution 1718 (2006) or by paragraphs 9 or 10 of this Resolution, unless the provision of such services is necessary for humanitarian purposes or so far as the cargo of the vessel in question has been inspected or apprehended, or that it has been willing, and underlines that this paragraph does not intend to affect legal economic activities;

18. Calls on Member States, in addition to the fulfilment of their obligations under paragraphs 8 (d) and 8 (e) of resolution 1718 (2006), to prevent the provision of financial services or transfer to their territory, or to depart of it, or through it; or for, or by, its nationals or entities organized under its legislation (including branches based abroad); or for, or by, persons or financial institutions that find themselves in their territory, of any assets or financial resources that can contribute to the nuclear, ballistic missile and other weapons of mass destruction programs of the Democratic People's Republic of Korea, including through the freezing of any assets or financial resources who find themselves or will come to be found in their territory; or who are or will be subject to their jurisdiction, who are associated with such programs or activities, as well as by means of advanced monitoring to prevent such transactions, in compliance with their national legislation and the competencies of it arising;

19. Calls on all Member States and international financial and crediting institutions to which they do not, with the Democratic People's Republic of Korea, new grant commitments, financial assistance or loan, save for purposes humanitarian and development that directly meet the needs of the civilian population, or for the promotion of denuclearization, and urges, ademals, the states to exercise greater vigilance with views to reduce current commitments;

20. Calls on all Member States to not provide public financial support for trade with the Democratic People's Republic of Korea (including the granting of export credits, guarantees or insurance to their nationals or entities involved in that trade), in cases where such financial support may contribute to nuclear, ballistic missile or other weapons of mass destruction programs of the Democratic People's Republic of Korea;

21. Emphasizes that all Member States must comply with the devices of paragraph 8 (a) (iii) and 8 (d) of Resolution 1718 (2006) without prejudice to the activities of the diplomatic missions based in the Democratic People's Republic of Korea, to the amparo of the Vienna Convention on Diplomatic Relations;

22. Calls on all Member States to submit to the Security Council, at a maximum of forty five days from the adoption of this Resolution, and at any other subsequent time, when requested by the Committee, report on the measures concrete that they have adopted to implement in an effective manner the devices in paragraph 8 of resolution 1718 (2006), as well as of paragraphs 9 and 10 of this Resolution, as well as, still, the financial measures set out in paragraphs 18, 19 and 20 of this Resolution;

23. It decides that the measures set out in paragraphs 8 (a), 8 (b) and 8 (c) of Resolution 1718 apply to the items listed in INFCIRC/254/Rev. 9 / Part 1a and INFCIRC/254/Rev. 7 / Part 2a;

24. Decides to adjust the measures imposed by virtue of paragraph 8 of resolution 1718 (2006) and by this Resolution, including through the designation of entities, goods and individuals, and instructs the Committee to perform its tasks with this end and submit report corresponding to the Security Council, within a maximum of thirty days from the adoption of this Resolution, and decides, ademals, that in the eventuality that the Committee has not acted to this end, the Security Council will do the necessary to adjust the said measures, on a maximum period of seven days after there was received the Committee's report.

25. It decides that the Committee step up its efforts to promote the full implementation of Resolution 1718 (2006), of the Presidential Statement of April 13, 2009 (S/PRST/2009/ 7) and of this Resolution, by means of a work program that will behold the compliance, investigations, diffusion, dialogue, assistance and cooperation, to be submitted to the Council by July 15, 2009, and decides, ademals, that the Committee should receive and consider reports from Member States, in amparo of paragraphs 10, 15, 16 and 22 of this Resolution;

26. Does it request the Secretary-General to set up, for an initial period of one year, in consultation with the Committee, from a group of up to seven experts (?Panel of Experts?), which, under the direction of the Committee, should perform the following tasks: (a) assisting the Committee in fulfilling its mandate, as specified in Resolution 1718 (2006), and of its functions, specified in paragraph 25 of this Resolution; (b) to collect, examine and analyze information from States, relevant bodies of the United Nations and other interested parties regarding the implementation of the measures imposed by force of resolution 1718 (2006) and of this Resolution, in particular with reference to situations of non-complimento; (c) making recommendations on actions that the Council, the Committee or Member States may consider to enhance the implementation of the measures imposed by force of Resolution 1718 (2006) and of this Resolution; and (d) submit to the Council an interim report on its work, within a maximum period of thirty days prior to the termination of its mandate, which contains findings and recommendations;

27. Urge all States, relevant bodies of the United Nations and other interested parties to cooperate fully as the Committee and with the Panel of Experts, in particular through the provision of any information that is at its disposal on the implementation of the measures imposed by force of resolution 1718 (2008) and of this Resolution;

28. Calls on all Member States to exercise vigilance and prevent the access of nationals of the Democratic People's Republic of Korea to specialized teaching or training, on their territory or that is provided by their nationals, who include disciplines that can contribute to the sensitive proliferation nuclear activities of the Democratic People's Republic of Korea and its development of nuclear weapons vectors;

29. Calls on the Democratic People's Republic of Korea to associate itself with the Comprehensive Nuclear Testing Ban Treaty at the earliest possible time;

30. Endorses the peaceful dialogue, urges the Democratic People's Republic of Korea to immediately return to the Hexapartite Talks without preconditions, and urge all participants to intensify their efforts aimed at full and ready implementation of the Joint Declaration signed on September 19, 2005 and the joint documents of February 13, 2007 and October 3, 2007 by China, the United States, Federation of Russia, Japan, Republic of Korea and People's Republic Democratic Korea, with a view to achieving the verifiable denuclearization of the Korean Peninsula and maintaining peace and stability on the Korean Peninsula and in Northeast Asia;

31. Expresses its commitment to a peaceful political-diplomatic solution to the situation and welcomes the efforts undertaken by the members of the Council, as well as by other Member States, with a view to facilitating a peaceful and comprehensive solution by means of of the dialogue and to refrain from any actions that may aggravate tensions;

32. It states that it will keep all the actions of the Democratic People's Republic of Korea under constant scrutiny, and that it will be willing to examine the appropriateness of the measures contained in paragraph 8 of resolution 1718 (2006) and in the relevant paragraphs of this Resolution, including the reinforcement, modification, suspension or revocation of the measures, as required, in the light of compliance with the provisions of resolution 1718 (2006) and of this Resolution by the Democratic People's Republic of Korea;

33. Underlines that, should additional measures be necessary, new decisions should be adopted;

34. Decides to continue to actively occupy the issue.