United Nations Security Council Resolution 1306

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United Nations Security Council Resolution 1306
by the United Nations

Adopted by the Security Council at its 4168th meeting, on 5 July 2000

The Security Council,

Recalling its previous resolutions and the statements of its President concerning the situation in Sierra Leone, and in particular its resolutions 1132 (1997) of 8 October 1997, 1171 (1998) of 5 June 1998 and 1299 (2000) of 19 May 2000,

Affirming the commitment of all States to respect the sovereignty, political independence and territorial integrity of Sierra Leone,

Having considered the report of the Secretary-General of 19 May 2000 (S/2000/455), and in particular its paragraph 94,

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

Acting under Chapter VII of the Charter of the United Nations,

A

Expressing its concern at the role played by the illicit trade in diamonds in fuelling the conflict in Sierra Leone, and at reports that such diamonds transit neighbouring countries, including the territory of Liberia,

Welcoming ongoing efforts by interested States, the International Diamond Manufacturers Association, the World Federation of Diamond Bourses, the Diamond High Council, other representatives of the diamond industry and non-governmental experts to improve the transparency of the international diamond trade, and encouraging further action in this regard,

Emphasizing that the legitimate diamond trade is of great economic importance for many States, and can make a positive contribution to prosperity and stability and to the reconstruction of countries emerging from conflict, and emphasizing further that nothing in this resolution is intended to undermine the legitimate diamond trade or to diminish confidence in the integrity of the legitimate diamond industry,

Welcoming the decision taken by the member States of the Economic Community of West African States (ECOWAS) at their Abuja summit on 28-29 May 2000 to undertake a regional inquiry into the illegal trade in diamonds,

Taking note of the letter of 29 June 2000 to its President from the Permanent Representative of Sierra Leone to the United Nations and of its enclosure (S/2000/641),

1. Decides that all States shall take the necessary measures to prohibit the direct or indirect import of all rough diamonds from Sierra Leone to their territory;

2. Requests the Government of Sierra Leone to ensure, as a matter of urgency, that an effective Certificate of Origin regime for trade in diamonds is in operation in Sierra Leone;

3. Also requests States, relevant international organizations and other bodies in a position to do so to offer assistance to the Government of Sierra Leone to facilitate the full operation of an effective Certificate of Origin regime for Sierra Leone rough diamonds;

4. Further requests the Government of Sierra Leone to notify the Committee established by resolution 1132 (1997) (“the Committee”) of the details of such a Certificate of Origin regime when it is fully in operation;

5. Decides that rough diamonds controlled by the Government of Sierra Leone through the Certificate of Origin regime shall be exempt from the measures imposed in paragraph 1 above when the Committee has reported to the Council, taking into account expert advice obtained at the request of the Committee through the Secretary-General, that an effective regime is fully in operation;

6. Decides that the measures referred to in paragraph 1 above are established for an initial period of 18 months, and affirms that, at the end of this period, it will review the situation in Sierra Leone, including the extent of the Government’s authority over the diamond-producing areas, in order to decide whether to extend these measures for a further period and, if necessary, to modify them or adopt further measures;

7. Further decides that the Committee shall also undertake the following tasks:

(a) To seek from all States further information regarding the action taken by them with a view to implementing effectively the measures imposed by paragraph 1 above;

(b) To consider information brought to its attention concerning violations of the measures imposed by paragraph 1 above, identifying where possible persons or entities, including vessels, reported to be engaged in such violations;

(c) To make periodic reports to the Security Council on information submitted to it regarding alleged violations of the measures imposed by paragraph 1 above, identifying where possible persons or entities, including vessels, reported to be engaged in such violations;

(d) To promulgate such guidelines as may be necessary to facilitate the implementation of the measures imposed by paragraph 1 above;

(e) To continue its cooperation with other relevant sanctions committees in particular that established pursuant to resolution 985 (1995) of 13 April 1995 concerning Liberia and that established pursuant to resolution 864 (1993) of 15 September 1993 concerning the situation in Angola;

8. Requests all States to report to the Committee established by resolution 1132 (1997), within 30 days of the adoption of this resolution, on the actions they have taken to implement the measures imposed by paragraph 1 above;

9. Calls upon all States, in particular those through which rough diamonds from Sierra Leone are known to transit, and all relevant international and regional organizations to act strictly in accordance with the provisions of this resolution notwithstanding the existence of any rights or obligations conferred or imposed by any international agreement or any contract entered into or any licence or permit granted prior to the date of adoption of this resolution;

10. Encourages the International Diamond Manufacturers Association, the World Federation of Diamond Bourses, the Diamond High Council and all other representatives of the diamond industry to work with the Government of Sierra Leone and the Committee to develop methods and working practices to facilitate the effective implementation of this resolution;

11. Invites States, international organizations, members of the diamond industry and other relevant entities in a position to do so to offer assistance to the Government of Sierra Leone to contribute to the further development of a wellstructured and well-regulated diamond industry that provides for the identification of the provenance of rough diamonds;

12. Requests the Committee to hold an exploratory hearing in New York no later than 31 July 2000 to assess the role of diamonds in the Sierra Leone conflict and the link between trade in Sierra Leone diamonds and trade in arms and related materiél in violation of resolution 1171 (1998), involving representatives of interested States and regional organizations, the diamond industry and other relevant experts, requests the Secretary-General to provide the necessary resources, and further requests the Committee to report on the hearing to the Council;

13. Welcomes the commitments made by certain members of the diamond industry not to trade in diamonds originating from conflict zones, including in Sierra Leone, urges all other companies and individuals involved in trading in rough diamonds to make similar declarations in respect of Sierra Leone diamonds, and underlines the importance of relevant financial institutions encouraging such companies to do so;

14. Stresses the need for the extension of government authority to the diamond-producing areas for a durable solution to the problem of illegal exploitation of diamonds in Sierra Leone;

15. Decides to conduct a first review on the measures imposed by paragraph 1 above no later than 15 September 2000, and further such reviews every six months after the date of adoption of the resolution, and to consider at those times what further measures may be necessary;

16. Urges all States, relevant United Nations bodies and, as appropriate, other organizations and interested parties to report to the Committee information on possible violations of the measures imposed by paragraph 1 above;

B

Stressing the need to ensure effective implementation of the measures concerning arms and related materiel imposed by paragraph 2 of resolution 1171 (1998),

Stressing the obligation of all Member States, including those neighbouring Sierra Leone, to comply fully with the measures imposed by the Council,

Recalling the ECOWAS Moratorium on the Importation, Exportation and Manufacture of Light Weapons in West Africa adopted in Abuja on 31 October 1998 (S/1998/1194, annex),

17. Reminds States of their obligation to implement fully the measures imposed by resolution 1171 (1998), and calls upon them, where they have not already done so, to enforce, strengthen or enact, as appropriate, legislation making it a criminal offence under domestic law for their nationals or other persons operating on their territory to act in violation of the measures imposed by paragraph 2 of that resolution, and to report to the Committee not later than 31 July 2000 on the implementation of those measures;

18. Urges all States, relevant United Nations bodies and, as appropriate, other organizations and interested parties to report to the Committee information on possible violations of the measures imposed by the Council;

19. Requests the Secretary-General, in consultation with the Committee, to establish a panel of experts, for an initial period of four months, consisting of no more than five members:

(a) To collect information on possible violations of the measures imposed by paragraph 2 of resolution 1171 (1998) and the link between trade in diamonds and trade in arms and related materiel including through visits to Sierra Leone and other States as appropriate, and making contact with those they consider appropriate, including diplomatic missions;

(b) To consider the adequacy, for the purpose of detecting flights of aircraft suspected of carrying arms and related materiel across national borders in violation of the measures imposed by paragraph 2 of resolution 1171 (1998), of air traffic control systems in the region;

(c) To participate, if possible, in the hearing referred to in paragraph 12 above;

(d) To report to the Council through the Committee with observations and recommendations on strengthening the implementation of the measures imposed by paragraph 2 of resolution 1171 (1998), and of those imposed by paragraph 1 above, no later than 31 October 2000;

and further requests the Secretary-General to provide the necessary resources;

20. Expresses its readiness, on the basis, inter alia, of the report produced pursuant to paragraph 19 (d) above, to consider appropriate action in relation to States that it determines to have violated the measures imposed by paragraph 2 of resolution 1171 (1998) and paragraph 1 above;

21. Urges all States to cooperate with the panel in the discharge of its mandate, and underlines, in this regard, the importance of the cooperation and technical expertise of the Secretariat and other parts of the United Nations system;

22. Requests the Committee to strengthen existing contacts with regional organizations, in particular ECOWAS and the Organization of African Unity, and relevant international organizations, including INTERPOL, with a view to identifying ways to improve effective implementation of the measures imposed by paragraph 2 of resolution 1171 (1998);

23. Requests the Committee to make information it considers relevant publicly available through appropriate media, including through the improved use of information technology;

24. Requests the Secretary-General to publicize the provisions of this resolution and the obligations imposed by it;

25. Decides to remain actively seized of the matter.

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