80 tal-1994

I .. N. 80 of 1994

UNITt:O NATIONS (SECU RITY COUNCIL SANCTIONS)

ACT. 1994

(ACT NO. XX O~· '"3)

IN EXE RC ISE of the po_rs conferred by section Jof the United

Nations (Security Council Sanctions) Act, 1993, 11ie Prime Minister has

made tile fo llowing rcgulations:-

I. These regulations may be cited as tIN: United Nations a. ......

Sanctions (Haiti) Regulations, 1994.

In these rcg\llaliQns , UnlC$$ lhc conlext otherwise rC'l uire5 -

"sircraflH include$ a helicopte r ;

Ulhe Act means the United Nations (Security Council

M

Sa nctions) Act , l993;

~11ie Committee

M

means the Commi ttee established pursuant

10 resolution 841 (1993) asshown in Ihe Third Schedule a nnexed 10

these regulations;

MperJ;On M includes a body or olher association of persons,

whether ,"uch body or association is a kgaJ person or n01;

Utile RClIOlulion s" means resolution s numbers 841 , 873 and

917 adopte d by the Security Council of lhe Uniled Na lions on Ihe

16th JUn<:. 1993. on lhe 13th Oc1ober . 1993 a nd on the 6111 May.

1994 respectively.

RESOLUTION 917 (1 994) ADOPTED BY THE

SECUR ITY COUNCIL ON 6 MAY 1994

~ Security Cooncil

Ru mrmlng ib resolutions 841 (1993) of 16 June 1993,861 (1993) of 27 August

1993,862 (1993) of 31 August 1993, 867 (1993) of 23 September 1993, 873 ( 1993) of 13

October 1993, 87S (1993) of 16 October 1993 and 90S ( 1994) of23 March 1994.

N ~.l1ing its Pre5idential statements of 11 October

1993 (SI26S67), 2S October

1993 (S/26633) , 30 Odober 1993 (SI26668), IS November 1993 (5126747) and 10

Janua ry 1994 (SlP RSTII99412),

Not:1na resolutions MREIRES . 119 1, MREJRES. 2191 , MR ElR ES.3I92, MR EJ

R ES.4I92 , and MRElR ES.5J93, adopted by the Foreign Ministersof the Organiution

of American States. and resolutions CPIRES. S7S (88SR2) and C PIRES . 594 (923192)

and dedar1ltions C PID«:.8 (927193), CPID«:.9 (93 1193), CP/Dec. IO (1I34J93) an d CPI

Occ.IS (967m), adopted by the Perma nent Council of the O rganiution of American

Sta tes,

Notlne in particular resolution CPIRES. 610 (968193) of 18 Octobe r 1993 of the

Organization of American States,

~arlnaln mind the state ment of oondusions adopted at the Meeti ng of the Fou r

Friends of the SeCretary·General o n Haiti , held in Paris o n 13 and 14 December 1993

(5126881 ),

Hn lna u. mJ~ th e repomof the Secretary-G eneTllI of 19 Jtnuary 1994 (SfI 994/

54) and 18 March 1994 (5119941311 ) regarding the U nited Nations Mission in Haiti

(UNMIH),

ComlMnd lnlthe continuing dfom; undertaken by the Special En,-oy for Haiti of

the United Nations and Organiz.ation of American Slates Scaetaries·GeneTlll to bri ng

about compliance with the Governors Island Agreement and the full reston.tion of

democracy in Hait i.

RQ mrmlng that the goal of th e intern ational oommunity remains the restoration

of democracy in Hai ti and the prom pt retorn of the legitimately elected Presi dent . Jea n-

Benrand Aristide , under the frame work of the Goveroors Island Agreement.

Stressl n& in this conlex tthe importance of a proper and secure environ ment for all

legislative action agreed to in the Governors "land Agreement and the New Yo rk Pact,

as well as prepa rations for free !lnd fai r legislative elections in Haiti, as ca lled for in the

constitution, in the framework of the full restoration of democracy in Hait i.

Conermed at the conti nued failure of the military authorities in Haiti , incl oding

the police. to comply with th ei r obligations under the Governors b land Agreement .

and at the violations of the related New York Pact committed by political organiultions

party thereto in rclatioin to the disputed elections of 18 January 1993.

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SCroncIy condtmning the nume rous insta nces of extra-j udicial killings. a rbi trary

di~appcaT3l1CCs.

IITnIS. ilkgal detentions. abductions. rape and enforced

the

oonli nued denial of freedom of up. c:$$ion, and the imp unit y with whi ch a rmed civili aJ\$

have h«n able 10 OP:I1IIC a nd continue operating,

tt .... lll ng [ital in resolu tion; 873 ( 1993) , the Council confirmed ilS readiness 10

conside r the impo&ilion of additional measures if the military authorities in Haili

con tinued 10 impede t he activitie!i o f the United Nations Mission;n ~I .j l; (UN M IH) o r

fai led 10 cOlnpl<!y in full .... ith its relevant r~]ulions and the provisions of the

Governors Island Agree me nt.

k eamrmlna: ils determ ination thai , in 1 hese unique a nd c x~pl ion al circu mslatoOe$ ,

the SilUll\ion o:realed by the failu re o f Ihe mili tary authorit ies in Hai ti 10 fulfil their

obliga tions u nder the Governors Island Agreement and 10 compl y with releva nl

Securily Cou ncil r~hllioru; conslilutcs a threat 10 peace a nd secu rity in the region ,

Aell nl under Chapler VII of Ihe Chaner of Ihe United Nations.

I. Calls upon th e panies 10 the Governors Island Agree ment and any olher

Aut ho rilies in Haiti to cooperate flllly with the Special Envoy o f Ihe Secretaries-

Ge neral o f the Un ited Nation s and O rganization of American Slates to bring abootthe

lull implementation of the Governors Island A gree men t and t hus e nd the political cri!is

in Haili;

2. DrddfS that all States shall without delay deny permission to a ny aircra ft 10

ta ke off from . land in. or o verOy their territory if its is destined to land in . o r has taken

off from the te rri tory of Haili, with the exception of rcg\llarJy Sl:heduled commerci al

passenger nights. unless the panirular nighl has been approved. fO! humanitarian

purposes or for ol her purpo$tS consistenl wit h the present fe$Ol ution and ot her releva nt

rewlu tions, by the Commiuee establ ished by TQOlution 841 (1993) ;

3. I>«'Idn that all SlateS shall wi tholll delay prevenl the en try inlo their

territories

(I) Of all offICers of the Haitia n mil itary. induding Ihe police . and o f their

immediate families;

(b) O f Ihe major participants in the coup d 'lIlll of ~ 99 1 and in the illega l

governme nts since the coup d'IIlll. and of thei r immediate families;

(c) Of those e mployed by or acting On behalf of the Hailia n milit ary. and 01

their immedi ate fami lies ,

unless their enlry has been a pproved, for purposes consistent wi th Ihe prese nt

re$Ol utio n a nd other relevant rcwlutions. by the Commil1ee established by resolution

841 ( 1993), and nI;I ~ the Commil1 ee to maintain an upda led lis\, baed o n

info rmation prmided by Slates and regional organizations. 01 the persons fall ing wilhin

this par&rnp/1;

4. Stmngly u rges all States 10 fr«ze without delay the funds and financia l

resources of persons falling wilhin pargra ph 3 above. to e nsure Ihat neither these nor

any ot her fun<h and financial resources arc made available. bytbe; r nationals or by any

persons within lhcir terrilory, directly Or indirectly. tu or for the bene fit of such peTSOn5

o r o f lhc Haitian mili tary. including the police

5. DedcIes Ihal lhe provisions set fonh. in paragraplls 6 to 10 below, which are

ronsistent with the tmbugo rerummeDded by lhe Organiulion of American Slate$,

~all, 10 lhe extent Ihal these measures are nOI already in effect under its earlier

re levanl resolulions, take effect no later Ihan 2359 hours w lem Standard lime on 21

May 1994 and ~uests thltthe Secretary-General, having regard for IlK: views of the

Secretal)'-General of the Organiution of American states, re port to the Council 001

later than 19 May 1994 on steps the milit al)' have taken to comply with action~ req uired

of lhem by the Governors I$land Accord as specified in paragraph 18 be low;

6. Deddes that all States shall prcvenl

(a) The import inlo their tcrritories of an commodities and products

originating in Haiti and exported therefrom aftcr Ihe aforementioned date

(b) Any activities by their nat ionals or in their lerritories which would

promote the export or tranS$hipmenl of any commodities or products originating

in Haiti , and an y dea lings by thei r nationals or their nag vessel s Or aircraft or in

their territories in any com mod ities or prodUCIS ori ginating ;nHaiti and exported

thercfmm after the aforementioned date;

7. Decides that all Stateuhall prevcnllhe sale ofSupply by their nationals orfrom

their territories or using their nag vesse ls or aircraft of any commodities or product.,

whether or not originating in their territories, 10 any pcr50n or body in Haiti or to any

pcr50n or body for the purpose of any busine5S carried on in . Or operated from. Haiti ,

and any activities by lhei r nationals or in their terri tories which promote such sale or

supply of such rommodities or products. provided that the prohibitions contai ned in

Ihis paragraph shall not apply to

(a) Supplies intended strictly for medical purposes and foodst uffs notified to

the Committee established pursuant to reliOlu tion 841 (1993)

(b) With lhe approval of the Commitl~ establ ished PUnUan110 resolu tion

84\ ( \993). unde r the n(H)bjection procedure. othe rcommodities and producu for

euenlial humani tarian needs ;

(c) Petroleum or petroleum products. il>Cluding propane gas for cooking.

authorized in accordance wilh paragraph 7 of resol ution 841 (1993);

(d) Other commodities and products But horized in accordance with

paragraph 3 of resolution 873 (1993);

F'dawn ir-regolalllC'mi, sakemm ir-rabl~ lal -kliem ma tehtieg.;

11'f1'obra -

"ajruplan" tinkludi helicQPlu

~l·A 11" lfir.sc:r '-All la' 1-1993 dwar SIInzjonijicllal-Kunsillla5-

Sigurtzza tan-Nazzjooijiet Uniti

~il·Kumitat" tfisscr il·Kumitat stabbilit skond ir-rifoluuioni

numru 841 (1 993) kif tidher fit·Tielel Skeda li tins.ab anrn:!;Sa ma

dawn ir-regolamenti .

Mpersuna" linkludi korp iew gl'laqda ol'l r& la' persuni. sew ickk

dak il· korp iew dik l·gl'Iaqda Ikun persuna guridika iew le

~i r· Rifoluzz;onijic t ~ tfisser ir-riroluzzjonijict numri 841. 813 u

9171i gew adottati mil1·Kunsill tas-Sigureua tan-Nazzjoniiiet Uniti

fis·16 la' Cuniu. 1993, fil' \3 la' Ottubru, 1993 u fis-6 la' Meiju. 1994

rispellivament.

J . Gl'Iall-fini las-subani kolu (2) tal·anikolu 3 ta ' I·Alt. ir- T ..... ·

Riioluzztoniicl qeghdin jiju pubblikati bl·lnglit fi- Iskedi I. 11 u III li ~i""

jinS1!bu ma' dawn ir-rcgolamcmi.

For lhe purpose o f subsection (2) of section 3 o f Ihe Act. the n"oI

Resolu tions are published in the English Language as Schedu les I, 11 ,""' .. _

and IIJ of these: regulationli.

NOlwilhstanding any other law , no aircrafl. olher than an

aircraft on a regularly scheduled rommereial passc:nge r flight , whieh is

deslined to land or has lak en off from Hail i. shall be aUO'NC'd to land ,

take off or overfly the territo ry of Malta unleS$ it is on a flight which has

been approved by the Committee.

,5, (I) 1l1.e sale or supply by whatever means by any person in Appliationol

Malta or b y a ny citize n or permanent resi dent of Malta , whether in .............

Malta o r elsc:where , o f any gOO<h, commodilies or prodUCl$ Other thi n

tho$e mentioned in paragraph (3) of this regUla tion. whether originali ng

in Malta or nOI. to any person or body in Haiti orto any person or body

for the pu rpose o f a ny business carried o n in o r operaled from Haiti , is

prohibited .

(2) Any person who , in Malta , o r any citizen o r perma ne nt

resident o f Malta who. in Mllta o r e lsc:where

l

a) promotes any sale or supply as is prohibited by paragraph

(1)0 :hi5 regulation:or

(b) promotes lhe export or transhipment of any commodities

or products ori ginaling in Haili. other than those mentioned in

p~ragraph (3) of Ihis regulali<m. or ""als in any such rommodit;"s

or products nporlcd from Haili,

shall be guilly of an offence againsllhese regulations.

(3) The commodities and products fnC'nlioned in paragraph

( I) and subparagmph (b) of paragraph (2) of this regulation Irc IlK

following

(a) supplies of food and supplies intended for medical

purposes, nOlified to the Comm illce;

supplies approved or excepted by lhe Commiuce;

(It)

(c) information materials. including books and OIher

publication.

(d) the equipment of journalists. 5ubjCC1 10 the conditions

and lerm s agreed by Ihe Commince.

Notwithstand ing &ny OIlier law. no claim shall lie 31 lhe

inSlance of Ihe Guvernmenl of Haiti or of an y person in oonnection wilh

any righls or ohligations conferred or imposed by ao inlernational

agrc<,m<,nt or any C()n tract or transaction entered in to Or any I~nce or

permil granted prior to the adoption of the Rcsolulions . or in

connection willl any rights or obligalioru related therelo . ... ·here lhe

performance of those right s or obligatons was affeclcd by the measures

1mposed by Ihe said Resolutions or as a resuh o!these regulations.

(I) Any person who OOnlravenes any provision of. or any

rCSlriction. prohibition or requiremcnl imposed by or under . tllese

regulat ions shall be guilty of an offence again st lhesc regulations.

(2) An y perl>(lI'I found guihy of an offence against thest'

regulations shall. on ronviclion. be liahle to a fine (rnlI/la) nOl exceeding

fifty thous.and Maltese LiTi.

SCHEDU LES

( Regulation 3)

Decideslhal the prohibitions in paragraphs 6 and 7 above shall not apply 10

trade in informational materials, induding books and other publications, needed for

the fr~ lJowof infonnation and I'Iol1ftudecldes that journaJiSI$ may bring and lake out

tht ir equipment subject to conditions and terms agreed by the Comminee established

by resolution S41 (\993)

Decides to prohibit any and all traffic from cnte ri ngor leaving the territol)' or

territorial se a of Haili carrying commodities or products the e~port of which from Haiti

or the sale or supply of which to Haiti would be prohibited under paragraphs 6 Bnd 7

above, excepting regularly scheduled maritime shipping lines calling in Haiti with goods

pcrmined under pa ragraph 7 and which are also carrying other commodities Of

prod...c1S in transit 10 other destinations. subject 10 formal monitoring amtngcmenlS

established with Slates coopomning with the legitimate Government of Haiti as

provided in paragraph \ of resolution 875 ( 1993) and paragraph 10 below;

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"din!: also under Chapter VIII o f t he Cha rIe r of the United Nations. ails

upon Member Stales cooperating with the legi timate Go~e mment of Haili, adi ng

nationally or through regional agencies or arrange ments. 10 use such mc a5u~

ro .. une nSUI1lIC' willllnc spttific till:u nlsla~s as may be necessary u nde r t he aut hority

of the Security Councillocnsure strict implementation of lhc provisi on ~of lhe pre sent

,c$(Itulion and carlier relevant resolutions, and in particula r \0 hall outward as well as

inward maritime !ihipping as IIC.'Ce&SIIry in order 10 inspect and ve ri fy their ca rgoes and

dest inations ;

I::tedcla that all Slales, induding the authorities in Hai ti. shall take thc

nece~ry measure'S [oensu re [hal no daim shall lie althe inslana: of the authorities in

Ibi li, or of any person or body.in Hail; , or of any person claiming through or for Ihe

benefit of any 5uch person or body. in ronnection with tJK, performance of a bond,

fin anci al guarantee, indemni ty Of engagement, i~ued or granted in connection with Of

related to the pe rformance of any contract Of transaction, " 'JK,re the performance of

that cont ract or transaction was affected by the measures imposed by Or pursuant to this

resolution or resolut ions 841 (1993),873 ( 1993) Bnd 87S (1993)

Calls upon all SlateS, including States nol members of lite United Nations,

and all international organizations. to act strict ly in accordance with the provisions of

the pr~nl rewlution and the earlie r re levant resolutions, notwithstanding tlte

existence of any rights or obligations confe rred or imposed by any international

agr.,.., ment or Bny contract entered into or any licence or permit granted prior to the

effcctive date of the measures in Ihis resolu tion or earlier relevant reso lutions

Req-. all Stales to reporl lO Ihe Secre tary-General by 6 June 1994 on the

measures lhey lIave instituted in implementation of the measures contai ned in the

prcsc m resolution and earlier n:levan t resolutions;

DM'kIH thalthe Commiuee eSlablished pursuant 10 resolution 841 (1993)

shall undenake the following tasks in addition loth~ Kt 0111 in resolutionsll41 (1 993)

873 (1993 ) and in paragraph 3 above

'

To e~amine reports submined pursuam to paragraph 13 above

(a)

(b) To sec k from all States, in panicular TlC'ighbouring St8td. funher

infonnalion regarding the action laken by tllem concerning tile effcctive

implement ation of the measures contained iR the pn:Knl fCSOlution.nd earlier

releva Rt resolu tions;

(c) To ronsider any information brought 10 its aUenl10m by States

concerning violations of the measures contained in the presenl resolution and

ear~er relevant resolutions and. in that co n te~ t, to ma ke recommendations to the

Council on ways to increase their effectiveness

(d) To make rerommendations in response 10 violations of the measures

contained in tile preKnl resolution and earlier relevant resolutions and provide

information ()fl a regular bas.is 10 Ihe 5«retary·Gencral for general distribution to

Member States;

(e) To consider 8Rd to decide upon upeditiously any application by States

for the approval of nights Or entry in acronbnce with paragraphs 2 and 3 above ;

(f) To ame nd the guidelines n:ferred to iR paragraph 10 of resolution 841

(1 993) to tak e inlo account the measures contaiMd in this resolulion

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(g) To namir>e possible: requests for assistance under the provi:lKms of

Article soor the Chaner of the United Nations and 10 make n:rommendations 10

the President or lhe Security Council for appropriate action;

I S. Ru mrllll ils request 10 the Seae\ary-Gcneral 10 provide all n~ry

assistance lo the Commillee.nd 10 mako:: the ncct$$llryunmgernents in the Secretariat

for th i$ purpose;

Oecidn that. unlill he return of the dcmocnuicaUy c lecled Presidem , it will

keep under continuous review. al least on a monthly basis, alll hc measures in the

present rcwlution.nd earlier relevan t resolUliorlSand r f t l _ the Secrc lary-~neral,

having regard for the mW$ orln.: Secrctary-Gcneral o f the Organization of American

States, 10 repun on the si t ... atiotl in ~I .ili , the im plemen tation of the Governors Island

Agreement , legislative actions including preparatio ns for legislatiV<' elections , the full

restor-uinn of dem()Cncy in Haili . the humanitarian situation in that country, and the

effttfiveness of tile implementation of ~nct ions. with the fir~t report not later than 30

June 1994;

Es:prHSH ils readiness to consider progressive suspension 01 the measures in

the present rewlution all(! earlier relevant resolutions, based on progress in the

implementation or the Governors Island Agreemen t and the resto ration of democracy

in Haiti;

Decides that. notwithstanding paragraph 16 above . measu res in the prese nt

resolution and earlier relevant resolutions will nOl be completely lifted until

(I) lbe retirement 01 the Com mander·in-Chief of the Hait ian Armed

Forces, and the resign ation or departure from Haiti of the Chief of the

Me tropolitan Zone of Port·au·Prince. commonly known 1$ the Chief of Police or

Po rt-au·Prioce and the Chief of Staff of th e Hait ian Armed Forces;

(b) Completion of tile changes by retirement or departure from Haiti in tile

leadership of the police and military hi gh com mand called for in the Governors

Island Agreement;

(c) Adoption of the legislative actions called for in tile Gove mon Island

Agreement , as well as the creation of a proper environment in wh idl free and fai r

legislative eittfions can be organised in the framework of the: full restoration of

de mocracy in Haiti;

(d) The creation by authorities of the proper environment for the

deployment of the U nited Nations Mi ssiOfl in Haiti (UNMIH );

(e) The return in the shortest time possible of tile demcxratkaUy elected

President and maintenance of oonlititutional orde r

these conditions being necessary for- the full implementation of the Governors b land

Agreement;

Condems any auempl illegaUy to rertlOV<: legal au thority from the

legiti mately decled Preskknl. d«ians Ihat il would OOI1$ide r illegitimate any

purported government resulting from such an aUempl, and d«1des, in such an event, to

consi<!cr rei m~ing any measures SUlpC'ndcd under paragraph 17 above;

DKif:Hs to re main actively liCized of the maller.

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SCHE D ULE 11

RESO LUTION 873 (1993) ADOPTE D BY THE SECU R ITY COUNCIL

AT ITS 3291st MEETING O N \3 OCTO BER 1993

'flw Security Council .

KtallLng its resolutions84 1 (1993) of 16 June 1993, 861 (1 993) of27 August 1993.

862 (1993) of 31 August \<}jIJ and 867 ( 1993) of 23 Scplcmbc r 1993.

OHply dislurbfll by the contin ued obstruction orthe arrival otlhc United Nations

Mi ssion in Hait i (UNM IH), dispat ched pursuant 10 Tc:solu tion 867 (1993). and the

failure of the Anned FOTe<:S of Haiti 10 carry out Ih~ir respon sibilities 10 allow Ihe

MissKm 10 begi n its work,

lIu inl ~ived lite repon of Ihe Secretary-General (8126573) informing the

CouncitIhallite mili tary authorities of Hai ti. includingl he police. have no(complied in

good failh with lhe Go.-emors Isl and Agrumenl,

Oelumtntng Ihal tIll:;, fai lure 10 fulfil obligations under Ihe Agreement consti tutes

a Ihreatlo (lC' ace and security in the region.

Actin!: un der Chapter VII of Ihe Chane r of the United Nations .

I. Ikcilks. in alX(>rdancc with paragraph 2 of resolution 861 (1993) . to termin ate

the SUSpc." nsion of tile measures set out in paragraphs 5 10 9 of resolution 841 (1993) as of

2JS9 1I0urs Eastern Standard Time on 18 Octobe r 1993 unlC$$ th e Secretary-General ,

lIaving regard to llle views of Ihe Secre tary-General of IlIe Organization of American

State!. reports 10 the Council tllat the panics to the Governors island Agree me nt and

an y o ther authorities in Haiti are implement ing in full the agree men t to reinstale the

legiti mate Governmenl of Prtsidcnt Jea n-Benrand Arisl idc and have established the

nt«ssary measures to enabl e UNMI H to carry oul its mandate;

2. o.,.,ides al", that funds that arc req ui red 10 be frozen pursuant 10 paragraph 8

of resolution 841 (1993) ma y be released at the request of PresidcnI AriSlide or Prime

Minister Malval of Ha ili

3. Dftides furiMr that tile Committee established by paragrapll to of resolution

84 ] (1993) shall have the luthority. in addi tion to tlllt set forth in that para graph . to

gram exceptions to the prohibi liom (other Ihan those referred to in paragraph 2 above)

referred to in paragraph 1 above on 11 CtiC-by<lISC basis under the no-OOtecliOn

procedure in response to requ ests by President AriSlidc or Prime Minister Malval of

Haiti

4. COnnnn! its readi ness to consider urgentl y the imposition of addilional

measures if the Secretary·general inform s the Sa::urity Council thal lhe parties 10 the

Governors Island Agreement Or any othe r authorities in H aiti con tinue to impeds lhe

activities of UN M IH or inlerfere with Ihe freedom of movement and commu ni, ation of

UNMIH and its membe rs as " 'ell as the other righl$ necessary for t he performance of its

mandate. or have not complied in full " i lh rele va nt Security Counci l resolutions and

the provisions Or the Gove rnors Island Agreement

I>«Id6 to remain actively seized or the maner.

5. SCHEDULE III

RESOLU110N 841 (1993) ADOPTED BY HI E SECURITY COUNCIL

AT ITS 3238th MEETING. ON 16 JUNE 1993

TIle Security Council.

Hnl n, I'fftIWd a letter from the Permanent Representative of Haiti to the

President of the Council dated 1 June 1993 (S/25958) requesting that the Council make

universal and mandatory the trade e mbargo on Haiti recommended by the

Organi:r.ation of Ame rican Slates.

linin!! also heard a report oft he Secretary-General on 10June 1993 regarding the

crisis in Haiti.

N(ltin, resolution s MR EfRES. 1/91 , MREfRES.2191, MREJRES.3J'J2 and MREJ

RES .4J92 adopted by the Forei gn Ministers of the Organiution of American States.

and resolution CPIRES .S94 (923192) and declarations CPlDec.8 (927193). CP/D.:c.9

(931/93) and CPIDee.1O (934193) adoptcd by the Permanent Council of the

Organiza tio n of American Stales,

Noting In part icula r resolution MRElRES.SI93 adopted by the Foreign Ministers

of the Organization of American States in Managu a, Nicaragua. on 6 June 1993.

Rn:a1Unl General Assembly resolutions 4617 of 11 October 1991 , 461138 of 17

D.:«mbe r 1991, 47(20 A of24 November 1992, 4711430f 18 Dwembc r 1992 and 47fllJ

B of23 April 1993,

Stron,ly Suppon lvf of the continuing leadershi p by Ihe Sc:aetlry·Ge neral of the

United Nations and the Secret ary·General of the Organization of American States and

of the clforu of the internat ional community 10 reach a political solution to the crisis in

Haiti,

Commftldln, the effons undertaken by the Special Envoy for Haiti of the United

Nations and Organiution of American Statess«rctaries-General. Mr. DanteCaputo,

to C§lablish I political dialogue with the Hai tian parties with a view to resolving the

crisis in Haiti .

Rf"t"OKnlzi"ll the urgent need for an early. romprctlensive and peace ful se ttlement

of the crisis in Haiti in accordance ... ·;th the proviMons of the ChaMer of the United

Nations and international law.

AHn r«altlna the statement of 26 febl\lary 1993 (sn5J44). in which the Council

noted ... ilh concern the incidence of hu manitarian criscs. including mass displacements

of population . becoming or aggrava ting th reats to in ternational peace an d security.

Df ploril1l1 the fact that , despite the effons of the international com munity , the

legitim ate Government of President Jean-Be rtrand Ari stide has not been reirutaled,

c~~ that the persistence of this si tuati on cOn1ribules to a climate of fear of

perserution and economic dislocation wh ich could increan the number of Haitians

see king refuge in neighbouring Membe r States and ron" lrKed that a reversal of this

situation is needed to prevent its negative repercu ss ions on the region.

'"

R~lliling , in this rcspec(' the provisions of Chapter VIII of Ihe Chaner of Ihe

United Nations, and stressing the need for effective cooperation between regional

organizations and Ihe United Nations.

Co ru;idering that the above·mentioned req uest of the Pennanent Representative

of Haili, made within the oontext of the related actions previollsly ta ken by Ihe

Organization of American States and by tit" GC Ilcral Assembly orthe United Nation,.

defines a unique and cJ(ceplional si tuation warranting extTaOTdinary measures by the

Security Council in support of the efforts undertaken within the framework of the

Organization of American STates, and,

Ildennining that. in these unique and exceptional circumstances, Ihe continuation

of Ihis situation threatens international peace and security in tile region.

Acting. tllerefore. under Chapter VII of tile Cltaner of tile United Nations ,

I. Affirms tllat tile solution of tile crises in Haiti should take into acoount tile

above-mentioned resolutions of the Organizat ion of American States and of tile

General Asr.cmbly of the United Nations

2. W~lcortml the request of the General Assembly that the Secretary-General

take tbe necessary measures in order to assist. in cooperation with th e Organization of

American States. in tile solution of the cri,i. in Haiti

3. lJecldes that the provisions set fonh in paragraplls 5 to 14 below, wbicb are

consistent with the trade embargo reoommended hy the Organization of American

States, shall COme imo force at 00.01 EST on 23 June 1993 unless the Secretary-

General. having regard to Ihe views of the Secretary-General of the Organization of

American States. has reporled to Ibe Council thai, in light of the results of the

negotiations conducted by the Special Envoy for Haiti of the United Nations and

Organization of American States Secretaries-General. the imposition of such mea~ures

is not warranted al that time

4. Il«ides that if at any time after the suhmission of the above-mentioned Tepon

of tile Secretary-Genera!. (lie Secretary-Genera!. having regard (0 (he views of the

Secretary-General of the Organization of American States. reports to Ihe Council that

the de facto authorities in Haiti have failed to oomply in good faith with their

undenakings in the above-mentioned negotiations, the provisions set forth in

paragraphs 5 to 14 below shall oome into force immediatlcy

5. Il«ides that all StaleS shall prevent the sale or supp ly , by their national, or

from their territories Or using their flag vessels Or aircraft. of petroleum Or petroleum

products or arms and rclatcd rnatlr;eI of all types. induding "'capons and ammunition.

milita ry vehides and equ ipment. police equipment and spare parts for tbe

aforemention ed. whetheror not originating in their territories. toany person or body in

Haiti or to any person Ot body for the purpose of any business carried on in or ope rated

from Haiti, and any activi lie' by their nationals Or in their territories which promote or

are calculated to promote such salc or supply;

6_ Il«id ... to prohibit any and all traffic from entering the lerritory or territorial

r.ca of Haiti carrying petroleum Or petroleum products. or anns and related rna/hie! of

a!ltypes. induding weapons and ammunition. military vehides and o:quipmetJI. police

equipment and spare parts for the aforementioned , in violation of paragraph 5 above;

B

'"

7. DKldell that the O:lmmittteesl.blishcd by pal1lgraph IObclow may authorize,

on an uOC:p{ionaJ C3Se-by-<:ase basis under a no-objectioll procedure the imponation,

in non-commercial quantities and only in barrels orbottles,ofpetroleum or petroLeum

products, inelllding propane ps for cooking. for verified CMelllial humanitarian needs.

subjccl 10 lICI?Cptable arrange mentl for effective moni toring of dcliV<'ry and use;

8. Deddts that Slales in wh ich there are funds, including any fu nds derived from

propeny. (a) of t he Government of Haiti or of the de facto authorities in Haiti. or (b)

oontrolled directly or indirectly by such (}Qvemmcnt or authorities or by en lities.

wherever 10(:alcd Or organized , owned or controlled by such Govern ment or

authorities, shall req uire an persons and en tities with in their own territories holding

such funds \0 freeze them \0 ensure llial they are nol made available directly or

indirectly to or for tbe benefit of the de facto authorities in Haiti;

11. Calls upon all States. and all international organizations, 10 act strictly in

acoordance with the proviJ;iom of the presen l resol ulion. notwillisUlnding the eJistcnce

of any rights or obliga tiom (X)nfcrred or imposed by any international agreement or any

eormact ente red inloOl" any licence or permit granled priOl" to 23 June 199);

10. Oeddes 10 establish. in aCCQrdana: with rule 28 of its provisional rules of

procedure, , Comminee of the Security Council consisting of all the members of the

Council to undert ake the following tasks and to repon on its work to the Council with its

observations and recommendations

(a) T o eumi ne the reports submitted pursuant to paragraph 13 below;

(b) T o seek from all States further infonnation regarding the action taken by

the m concerni ng the effective implementation of this resolution

(c) T o consider any infoonation brought to its attention by States concerning

violations of the measures imposed by this resolution and to recomme nd appropriate

measures in response thereto;

(d) To conside r alld decide expeditiously requests for the approval of imports of

petroleum and petroleum products for elS(:ntial humanitarian needs in accordance with

paragraph 7 above;

(e) To make pe riodic reports to the Security Council on inform ation submitted to

it regarding alleged violations of the present resolution, identifying where possible

persons or entities. including vessels, reported to be engaged in such violatiollli;

To promul gate guidelines to facilitate implementation of this ~Iution ;

(Q

11. Calk upon all Stltes to cooperate fully with lhe Commillee estabfu.hed by

paragraph lOin the fulfilment of its tasks, including supplying such infoonation as may

be sought by the Commi tt ee in pursuance of t he presen t resolution

12. Calls upon Statcs to bring proceedings against persons and enti ties violating

the measures imposed by this resolution and to impose appropri~te Pl' naJties;

13. Requests all States to repon to the Secretary-General by 16 Jul y 1993 on the

measures they have initiated for meeting the ob ligations set Out in paragraphs 5 to 9

above ;

· ""

14. RequesU the Secretary-General 10 provide all ne«ssary assi~!arn;e 10 the

Committee c5!ablisl..:d by paragraph 10 :;md to make the necessary arrangemcnl$ in Ihe

Sccn:larial for this purpose;

IS. RfoqUftti the Secretary-General 10 report to the Security Council, not later

than is July 1993, and ea rlier ifhe oonsidcn il appropriate , on progress acllieved in the

efforts jointly undertaken by hjm and the Secrclary-CX: neral of the Organizat ion or

American Stales with a view 10 re~hi ng a political solution to the crisis in Ilaili;

16, E~p~ IbI rndi_ 10 review 11111..: mcuurn in the plnenl resolution

with a view 10 lifting l~m if, after tile provisions set forth in paragraphs 5 10 14 have

come in to force, the Secretary-General, having regard \0 the views of the Secretary·

Ge ne ral of the Organization of American Slales. reports 10 the Council that the de

faCIO authorities in l1&ili have signed and hove begun implementing in good faith an

agreemen t to reinstate the legitimate Government of Presidenl Jean-Bemand

Arislide;

17_ Oec:ldes 10 remain seized of Ihe malle r_

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