Cablegate: Malta Submits Report of Iran Sanctions Violation

VZCZCXYZ0007
OO RUEHWEB

DE RUEHVT #0467/01 2941508
ZNR UUUUU ZZH
O 211508Z OCT 09
FM AMEMBASSY VALLETTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2377
INFO RUEHRL/AMEMBASSY BERLIN PRIORITY 0037
RUCNDT/USMISSION USUN NEW YORK PRIORITY 0041

UNCLAS VALLETTA 000467

SENSITIVE
SIPDIS

DEPT FOR EUR, ISN, NEA, P AND T

E.O. 12958: N/A
TAGS: PARM PREL MNUC IR UK LY EG GM MT
SUBJECT: MALTA SUBMITS REPORT OF IRAN SANCTIONS VIOLATION
TO UN 1737 COMMITTEE

REF: A. STATE 104749
B. VALLETTA 437
C. VALLETTA 444
D. VALLETTA 456

1. (SBU) This cable provides additional response to reftel A.
On October 16, the office of Malta's Permanent
Representative to the UN submitted to the Chairman of the
UNSCR 1737 Sanctions Committee a report of Malta's actions
described in reftels through D to the Chairman. The report
was addressed to H.E. Mr. Yukio Takasu, Chairman, Security
Council Committee established pursuant to Resolution 1737
(2006), Room S-3055, United Nations, New York, NY 10017.

2. (SBU) The text of report was as follows.

Begin Text:

16th October 2009

Excellency,

The Government of Malta has the honour to share with the
Committee established pursuant to resolution 1737 (2006)
information regarding a recently-discovered violation of UN
sanctions regarding the Islamic Republic of Iran. We
understand that your Committee has a mandate to examine and
take appropriate action regarding violations of the measures
contained in resolutions 1737 (2006), 1747 (2007) and 1803
(2008). We hope information about this violation may assist
you in carrying out this mandate.

On October 8 2009 the Maltese authorities were informed by
the authorities of the United States of America and of the
Federal Republic of German (sic) that the vessel Hansa India,
which was imminently due to arrive in Malta, had been
discovered to be carrying cargo which was in breach of
paragraph 5 of Security Council Resoluation 1747 (2007) and
the cooperation of the Maltese authorities was sought for the
purpose of offloading in Malta the cargo in question. On
October 9 the said vessel entered a Maltese port and at the
request of the Maltese authorities the containers suspected
of containing cargo in violation of the said Resolution were
offloaded from the German-flagged vessel Hansa India in the
Malta Freeport and were inspected. This inspection revealed
the presence of arms-related material (bullet casings and
blank brass disks) The ship's manifest indicated the items
originated in Bandar Abbas, Iran, and were destined for
Latakia, Syria. The vessel was chartered by the Islamic
Republic of Iran Shipping Line (IRISL). The contents were in
barrels marked "SAZEMANE SENAYE DEFA" which we understand is
Farsi for "Defense Industries Organisation (DIO)", an entity
designated under the UN Security Council resolution 1737
(2007). The barrels were numbered as follows: IRSU217282/3,
IRSU218070/5, IRSU220755/5, IRSU221206/3, IRSU219901/7,
IRSU215184/1, IRSU217725/5 and IRSU221007/6.

A complete report on the inspection is enclosed.

As you are aware, paragraph 5 of resolution 1747 (2007)
states that Iran shall not transfer arms or related material
from its territory and that all States shall prohibit the
procurement of such items from Iran. Therefore, in line with
our international obligations, our authorities have retained,
unloaded and stored the aforesaid cargo and will ensure that
the items are neither allowed to reach their intended
destination nor returned to their origin.

Reference is also made to paragraphs 11 and 12 of the UNSC
Resolution 1803 (2008) which inter alia call on States that
in accordance with their national legal authorities and
legislation and consistent with international law, to inspect
the cargoes to and from Iran, of aircraft and vessels, at
their airports and seaports, owned or operated by Iran Air
Cargo and Islamic Republic of Iran Shipping Line, provided
there are reasonable grounds to believe that the aircraft or
vessel is transporting goods prohibited under this resolution
or resolutions 1737 (2006) or resolution 1747 (2007); the
resolution requires all States, in case when inspection is
undertaken, to submit to the Security Council within five
working days a written report on the inspection.

The Government of Malta kindly requests that this report is
treated as strictly confidential and its circulation is
restricted to the Members of the Committee only.

Please accept, Excellency, the assurances of my highest
consideration.

//s//

Savior F. Borg
Ambassador
Permanent Representative

End Text.

3. (SBU) Per reftels c and d, post again requests guidance
from the Department as to the eventual disposition of the
materials seized.
KMIEC

© Scoop Media