Cablegate: U.S. Report On Efforts Toward Implementation Of

VZCZCXYZ0000
PP RUEHWEB

DE RUEHWL #0918/01 3252046
ZNR UUUUU ZZH
P 212046Z NOV 06
FM AMEMBASSY WELLINGTON
TO RUEHC/SECSTATE WASHDC PRIORITY 3513
INFO RUEHBY/AMEMBASSY CANBERRA PRIORITY 4615
RUEHJA/AMEMBASSY JAKARTA PRIORITY 0038
RUEHLO/AMEMBASSY LONDON PRIORITY 0148
RUEHMO/AMEMBASSY MOSCOW PRIORITY 0156
RUEHOT/AMEMBASSY OTTAWA PRIORITY 0274
RUEHUL/AMEMBASSY SEOUL PRIORITY 0225
RHHMUNA/CDR USPACOM HONOLULU HI PRIORITY
RHEHAAA/NATIONAL SECURITY COUNCIL WASHDC PRIORITY
RUEKJCS/OSD WASHINGTON DC PRIORITY
RUCNDT/USMISSION USUN NEW YORK PRIORITY 0082

UNCLAS WELLINGTON 000918

SIPDIS

SENSITIVE
SIPDIS

EAP/FO, EAP/RSP, AND EAP/ANP
NSC FOR VICTOR CHA
OSD FOR ISD/JESSICA POWERS
PACOM FOR J01E/J2/J233/J5/SJFHQ

E.O. 12958: N/A
TAGS: KNNP PARM PREL NZ
SUBJECT: U.S. REPORT ON EFFORTS TOWARD IMPLEMENTATION OF
UNSCR 1718

REF: SECSTATE 188039

1. (SBU) Summary: On November 21 New Zealand's Ministry of
Foreign Affairs and Trade (MFAT) shared a draft copy of New
Zealand's report to the UN Security Council detailing their
implementation plan for UNSCR 1718 (repeated at para 2
below). GNZ lawyers continue to work on sanction regulations
and MFAT will provide post with a copy of the draft
legislation once it has been approved by NZ Ministries. End
summary.

2. (SBU) Post delivered reftel demarche to Carolyn Schwalger,
MFAT Senior Advisor for North Asia on November 17, 2006. MFAT
on November 21 provided Post the following summary of New
Zealand's proposed regulations per the provisions of
paragraph 8 of UNSC 1718, as provided to the UNSCR:

Under para 8(a) - New Zealand's Regulation will prevent the
direct or indirect supply, sale or transfer to the DPRK,
through New Zealand's territory, or using New Zealand's flag
vessels or aircraft (whether or not originating in their
territories) of military equipment and items with a nuclear,
ballistic or WMD end use and luxury goods. New Zealand will
work with others to apply a consistent approach to the
definition of "luxury goods." All sanctioned military, WMD
and ballistic missile related items are already listed on the
New Zealand Strategic Goods Lists. Items on this list
require a permit for export, regardless of the destination.
Application for export of all sanctioned military, WMD and
ballistic missile related items to DPNK will be denied
pending the implementation by regulation of provisions of
paragraph 8(a)(i) and 8(a)(ii) of UNSCR 1718. Control over
the import of sanctioned items from DPRK will be covered by
the Regulations.

Under para 8(b) - The DPRK is prohibited from exporting
goods in 8(a)(i) and (ii) and New Zealand's Regulation will
prohibit New Zealanders from buying these goods from the DPRK
or transporting such goods on their flagged vessels or
aircraft.

Under para 8(c) - New Zealand's Regulations will ban the
export of services (technical training, advice, services or
assistance) related to these goods to the DPRK. For example,
a New Zealander would be banned from providing technical
training or emailing a manual related to military or WMD
items.

Under para 8(d) - New Zealand's Regulation will freeze
assets (funds, economic resources) on New Zealand's territory
owned or controlled by persons/entities to be designated by
the DPRK Sanctions Committee. It will also prevent New
Zealanders from making funds, assets or resources available
to these persons or entities. There are some exemptions to
this sanction (including payments for legal fees and
necessary expenses) and the Regulation will provide for these
to be considered by New Zealand on a case by case basis and
to be subject to the approval of the Sanctions Committee.

Under para 8(e) - New Zealand's Regulation will put in
place a travel ban against persons from the DPRK ( and their
family members) who will be designated by the DPRK Sanctions
Committee. The Committee may make exceptions on humanitarian
grounds. The New Zealand Department of Labor has already
placed North Korea on the list of countries whose nationals'
application to travel to New Zealand must be scrutinized by
the New Zealand Immigration Profiling Group, to ensure that
those nationals do not pose a risk to New Zealand's security
or international reputation.

3. (SBU) MFAT will provide Post with a copy of the draft
legislation once it has been approved by NZ Ministries. MFAT
Deputy Legal Advisor Caroline Bilkey has also thanked us for
providing her with a copy of the U.S. luxury goods list,
which she said will help guide NZ's own sanctions in that
area.

McCormick

© Scoop Media