DECREE NO. 5,368 OF February 4, 2005

Disposes on the execution in the National Territory of Resolution No. 1,572 of November 15, 2004, of the Council of Security of the United Nations, which establishes an arms embargo, effective immediately, and possible sanctions directed at persons and entities, effective from December 15, 2004.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that gives it the art. 84, incisus IV, of the Constitution, in accordance with Article 25 of the Charter of the United Nations, promulgated by Decree No. 19,841 of October 22, 1945, and

Considering the adoption, on November 15, 2004, of the Resolution No 1,572 by the United Nations Security Council;

DECRETA:

Art. 1º Ficam the Brazilian authorities obliged, within the framework of their respective assignments, to comply with the provisions of in Resolution No. 1,572 (2004) adopted by the United Nations Security Council on November 15, 2004, appends to this Decree, with special attention to its operative paragraphs 7º, 9º and 11, which establish measures with a view to preventing the supply, sale or transfer of weapons or military equipment, directly or indirectly, to Côte d' Ivoire, as well as prevent entry or transit into their territory and freeze funds, financial assets and economic resources of persons and entities that compromise the process of peace and reconciliation in that Country.

Art. 2º This Decree takes effect on the date of its publication.

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

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

" The Security Council,

Recalling its Resolution on ° 1,528 (2004) of February 27, 2004, as well as the relevant statements of its President, in particular those of November 6, 2004 (S/PRST/2004/42) and of August 5, 2004 (S/PRST/2004/29),

reaffirming its firm commitment to the sovereignty, independence, territorial integrity and unity of Côte d' Ivoire and remembering the importance of the principles of good neighborliness, non-interference and Regional cooperation,

Recalling that it endorsed the agreement struck by the political forces of Côte d' Ivoire, in Linas-Marcoussis, on January 24, 2003 (S/2003/99), Linas-Marcoussis Agreement, approved by the Conference of the Heads of States on Côte d' Ivoire, concluded in Paris on 25 and January 26, 2003, and the Agreement struck in Accra on July 30, 2004 (Agreement of Accra III),

Deploring the resumption of hostilities in the Côte d' Ivoire and the repeated violations of the ceasefire agreement of May 3, 2003,

Deeply concerned about the humanitarian situation in Côte d' Ivoire, especially in the north of the country, and with the use of the means of communication, in particular radio and television broadcasts, to incite hatred and violence against foreigners in Côte d' Ivoire,

Firmly remembering the obligations of all parts of Côte d' Ivoire, both the Government of Côte d' Ivoire, and the Nouvelles Forces, to refrain from all violence against civilians, including against foreign citizens, and to cooperate fully with the United Nations Peace Operation for Côte d' Ivoire (UNOCI),

Welcoming the efforts of the Secretary-General, the African Union and the Economic Community of West African States (ECOWAS) to re-establish peace and stability in Côte d' Ivoire,

Determining that the situation in Côte d' Ivoire continues constituting threat to the international peace and security of the region,

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

1. Condemns the airstrikes committed by the national armed forces of Côte d' Ivoire (FANCI), which constitute blatant violation of the ceasefire agreement of May 3, 2003, and demands that all parties to the conflict, both the Government of the Coast of the Ivory, as the Forces Nouvelles, fully respect the ceasefire;

2. It iterates its full support for the action conducted by the UNOCI and the French forces, in accordance with the mandate given by the Resolution in 1,528 (2004) and with the pronouncement of its President, of November 6, 2004 (S/PRST/2004/42);

3. It emphasizes once again that there can be no military solution to the crisis and that the full implementation of the Linas-Marcoussis and Acra III Accords remains the only way to resolve the crisis that persists in the country;

4. Urges, as a consequence, the President of the Republic of Côte d' Ivoire, the heads of all political parties in the country and the leaders of the Forces Nouvelles to immediately begin implementing all the commitments they have made by virtue of these agreements;

5. Expresses its full support for the efforts of the Secretary-General, the African Union and ECOWAS, and encourages them to maintain efforts aimed at relaunching the peace process in Côte d' Ivoire;

6. It requires the Ivorian authorities to stop broadcasting all the radio and television programmes that incite hatred, intolerance and violence, calls on UNOCI to strengthen its oversight function in that matter, and urges the Government of the Côte d' Ivoire and the Forces Nouvelles that take all necessary measures with a view to ensuring the safety and protection of civilians, including from foreigners and their assets;

7. It decides that all States shall, for a period of thirteen months from the date of the adoption of this Resolution, make necessary arrangements with a view to preventing the supply, sale or transfer, directly or indirectly, to the Coast of the Ivory, of its territories or by its nationals, or by using its vessels or aircraft, of weapons or any related material, in particular aircraft and military equipment, regardless of the precedence or not of their territories, or that offers any kind of assistance, counseling, or training related to military activities;

8. It decides that the measures set out by the paragraph 7th, above, do not apply to:

a. supplies and technical assistance intended solely for the aid or use by the UNOCI and the French forces supporting it,

b. supplies of non-lethal military equipment for exclusively humanitarian or protective purposes, nor to the technical assistance and training to them related, as approved in advance by the Committee established by operative paragraph 14, below,

c. supplies of protection inducement, inclusive bulletproof vests and military helmets, temporarily exported to Côte d' Ivoire by United Nations personnel, by the representatives of the means of communication, humanitarian assistants and for development, as well as by the associated personnel, exclusively for their own use,

d. supplies temporarily exported to Côte d' Ivoire to the forces of a State that is taking action, in accordance with international law, intended solely to facilitate the evacuation of their nationals and those on which has a consular responsibility in Côte d' Ivoire, as prior notification to the committee established by virtue of paragraph 14, below,

e. supplies of arms and related materials, as well as assistance and technical training intended solely for the aid or use in the process of restructuring the defence and security forces, in accordance with paragraph 3, para. (f), of the Linas-Marcoussis Agreement, as prior approval by the Committee established by virtue of paragraph 14, below,

9. Decides that all States must adopt, during a period of twelve months, the necessary measures to prevent the entry into their territory, or transit by it, of all persons designated by the Committee established by virtue of paragraph 14, below, which constitute a threat to the national peace and reconciliation process in Côte d' Ivoire, in particular those that represent obstacle to the implementation of the Linas-Marcoussis and Acra III agreements; of any person held responsible for serious violations of human rights and international humanitarian law in Côte d' Ivoire on the basis of relevant information; of any person who, according to the Committee, violates the measures imposed by paragraph 7, above, taking into account that none of the provisions of this paragraph may force a State to refuse entry into its territory of its own nationals,

10. It decides that the measures imposed by virtue of paragraph 9 should not apply when the Committee, established by virtue of paragraph 14, below, determines that the trip in question is justified on humanitarian grounds, including by obligations religious, or when the Committee concludes that, by granting exemption, the objectives of the Council's resolutions for peace and national reconciliation in Côte d' Ivoire and stability in the region;

11. Decides that all States must, during the same period of twelve months, immediately freeze the funds and other financial assets and economic resources that are in their territories, on the date of adoption of this resolution, or in any subsequent time, and which are owned, or are under the direct or indirect control, of the persons assigned in accordance with paragraph 9 °, above, by the Committee established by paragraph 14, below, or which are owned by entities belonging, or controlled directly or indirectly, by any persons acting on their behalf or following their instructions, as it determines the Committee; and decides as well, that all States should prevent any funds, financial assets or economic resources may be made available to or to the benefit of these persons by their nationals or by any other person or entity that finds themselves in their territories;

12. Decides that the provisions of paragraph 11 do not apply to funds, other financial assets and economic resources that:

(a) the pertinent States have determined that they are necessary for basic spending, including the payment of food products, rentals or mortgages, medications and medical treatment, taxes, insurance and public service fees, or exclusively for the payment of reasonable professional fees and the reimbursement of expenses they have been made with respect to the provision of legal services, or fees or fees, in accordance with national legislation, for the conservation or routine maintenance of frozen funds, other financial assets and economic resources, after notification by the States relevant to the Committee established by virtue of paragraph 14, below, of the intention to authorize, where necessary, access to such funds, other financial assets and economic resources and in the absence of a decision negative on the part of the Committee, within two working days of the notification;

(b) the pertinent States have determined that they are necessary for the payment of extraordinary expendities, considering that this determination has been notified by the States pertinent to the Committee and that it has been approved by the Committee, or

(c) the relevant States have determined that they constitute the object of warranty or judicial decision, administrative or arbitral, situation in which the funds, other financial assets or economic resources may be used to satisfy this warranty or comply with the court decision, considering that the warranty or the judgment: have been adopted prior to the date of this resolution; do not benefit any persons referred to in paragraph 11 above, or any person or entity identified by the Committee; and have been notified by the relevant States to the Committee;

13. Decides that, at the end of the thirteen month period, counted from the date of adoption of this resolution, the Security Council should examine the measures set out by paragraphs 7, 9 and 11, above in light of the progress made in the peace and national reconciliation process in Côte d' Ivoire, as per the Agreements of Linas-Marcoussis and Acra III, and manifests its willingness to examine the modification or termination of these measures before the mentioned thirteen months, case the Agreements of Linas-Marcoussis and Acra III have been implemented in full;

14. It decides to establish, in accordance with rule 28 of the provisional rules of procedure, a Security Council Committee, integrated by all the members of the Council (the Committee) in charge of the following tasks:

(a) designate the persons and entities subject to the measures set out by the paragraphs 9th and 11, above, and update that list periodically;

(b) seek information from all States involved, in particular from the States of the region, on the actions adopted with views to implement the measures set out by paragraphs 7th, 9th and 11, above, and any other information that may be deemed useful, providing, including, the opportunity for sending representatives to meet with the Committee in order to discuss in more detail any pertinent matter;

(c) to consider and decide on the exemption requests set out by paragraphs 8, 10 and 12, above;

(d) make public the relevant information through the appropriate means, including the list of persons to which reference (a), above;

(e) draw up the guidelines necessary to facilitate the implementation of the measures set out by paragraphs 11 and 12, above;

(f) to present, to the Council, regular reports on their work, with their observations and recommendations, in particular on means intended to strengthen the effectiveness of the measures set out by paragraphs 7th, 9th and 11, above;

15. Calls on all States concerned, in particular those in the region, to inform the Committee, within ninety days from the date of adoption of this resolution, on the actions they have carried out with a view to implementing the measures set out by paragraphs 7th, 9th and 11, above, and authorizes the Committee to request any other information that it may deem necessary;

16. Urges all States, relevant bodies of the United Nations and, where appropriate, other organizations and stakeholders, to cooperate fully with the Committee, in particular by providing any information that they have about possible violations to the measures set out by paragraphs 7th, 9th and 11, above;

17. Expresses its determination to examine, without delay, any new action to ensure the effective implementation and monitoring of the measures established by the paragraphs 7th, 9th and 11, above, in particular the establishment of group of specialists;

18. Calls on the Secretary-General to report to the Council, by March 15, 2005, with the information received from all relevant sources, including from the National Reconciliation Government of Côte d' Ivoire, UNOCI, ECOWAS and the Union African, on the progress achieved in relation to the objectives set out in paragraph 13, above;

19. It decides that the measures set out by paragraphs 9th and 11, above, are to enter into force on December 15, 2004, unless the Security Council determines before that date that the signatories of the Linas-Marcoussis and Acra III Agreements have has fulfilled all its commitments arising from the Accra III Agreement and have begun to fully implement the Linas-Marcoussis;

20. Decides to continue to actively occupy the issue. "