United Nations Security Council Resolution (UNSCR) No. 1874 Imposing Sanction on the Democratic People's Republic of Korea (DPRK)
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SUPERVISION AND EXAMINATION SECTOR OFFICE OF THE DEPUTY GOVERNOR
CIRCULAR LETTER NO. CL-2009-058
To ALL BANKS AND NON-BANK FINANCIAL INSTITUTIONS UNDER BSP SUPERVISION
Subject United Nations Security Council Resolution (UNSCR) No 1874 imposing sanction on the Democratic People's Republic of Korea (DPRK)
conduct of nuiclear tests on 25 May 2009 and 09 October 2006, respectively. (2009) and 1718 (2006) relative to the actions taken against DPRK by reason of its Attached for your information and guidance is a copy of UNSCR 1874
Foreign Affairs, fuily supports these resolutions and, within the bounds of banking laws, rules and regulations, advises Banks and non - bank financial institutions under its supervision to closely monitor any financial transactions with the individuals and entities referred to in UNSCR 1874 (2009) and 1718 (2006) and to report any known information regarding these individuais and entities such as Contact Department I, Supervision and Examination Sector. amount, date, counterparty and nature of transaction to the Central Point of The Bangko Sentral ng Pilipinas, in coordination with the Department of
3} 0 Nestor a. eSPenillA. Deputy Governoi
O3 August 2009
Att.: AS
A. Mabini St., Malate 1004 Manila, Philippines Trunkline (632) 524-70-11 * URL: www.bsp.gov.ph # e-mail: [email protected] PANANALAPING MATATAG, BANSANG PANATAG
United Nations S/RES/1874 (2009) Security Council Distr.: General 12 June 2009
Resolution 1874 (2009)
12 June 2009 Adopted by the Security Council at its 6141st meeting, on
resolution 1540 (2004), resolution 1695 (2006), and, in particular, resolution 1718 (2006), as well as the statements of its President of 6 October 2006 (S/PRST/2006/41) and 13 April 2009 (S/PRST/2009/7), Recalling its previous relevant resolutions, including resolution 825 (1993) The Security Council.
well as their means of delivery, constitutes a threat to international peace and security. Reaffirming that proliferation of nuctear, chemical and biological weapons, as
People's Republic of Korea ("the DPRK") on 25 May 2009 (local time) in violation on Non-Proliferation of Nuclear Weapons ("the NPT") and to international efforts aimed at strengthening the global regime of non-proliferation of nuclear weapons of resolution 1718 (2006), and at the challenge such a test constitutes to the Treaty towards the 2010 NPT Review Conference, and the danger it poses to peace and stability in the region and beyond. Expressing the gravest concern at the nuclear test conducted by the Democratic
Treaty in all its aspects, and giobal efforts towards nuclear non-proliferation and nuclear disarmament, and recalling that the DPRK cannot have the status of a nuclear-weapon state in accordance with the NPT in any case, Stressing its collective support for the NPT and commitment to strengthen the
putrsuit of nuclear weapons, Deploring the DPRK's announcement of withdrawa! from the NPT and its
security and humanitarian concerns of the international community, Underlining once again the importance that the DPRK respond to other
have adverse humanitarian consequences for the civilian population of thie DPRK, Underlining also that measures imposed by this resolution are not intended to
peace and security. carried out by the DPRK have further generated increased tension in the region and beyond, and determining that there continues to exist a clear threat to international Expressing its gravest concern that the nuclear test and missile activities
principles of the Charter of the United Nations. Reaffirming the importance that all Member States uphold the purposes and
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measures under its Article 41. Acting under Chapter VII of the Charter of the United Nations. and taking
on 25 May 2009 (ioca! time) in violation and flagrant disregard of its relevant statement of its President of 13 Aprit 2009 (S/PRST/2009/7); resolutions, in particular resolutions 1695 (2006) and 1718 (2006), and the Condemns in the strongest terms the nuclear test conducted by the DPRK
1 Demands that the DPRK not conduct any further nuclear test or any launch using ballistic missile technology:
3 Decides that the DPRK shall suspend all activities related to its ballistic missile programme and in this context re-establish its pre-existing commitments to a moratoriuu on missile laulches;
4 Demunds that the DPRK immediately comply fully with its obligations under relevant Security Council resolutions. in particular resolution 1718 (2006);
Demands that the DPRK immediately retract its announcement of withdrawa! from the NPT;
International Atomic Energy Agency (IAEA) safeguards. bearing in mind the rights Parties to the NPT to continue to comply with their Treaty obligations; and obligations of States Parties to the NPT, and underlines the need for all States Demands further that the DPRK return at an early date to the NPT and
resolution 1718 (2006). including with respect to designations made by the Committee established pursuant to resolution 1718 (2006) ("the Committee") pursuant to the statement of its President of 13 April 2009 (S/PRST/2009/7); Calls upon all Member States to implement their obligations pursuant to
nuclear programs in a complete, verifiable and irreversible manner and immediately Safeguards Agreement(IAEA INFCIRC/403) and shall provide the IAEA cease all related activities, shall act strictly in accordance with the obligations applicable to parties under the NPT and the terms and conditions of the IAEA transparency measures extending beyond these requirements, including such access to individuals, documentation, equipment and facilities as may be required and deemed necessary by the IAEA ; Decides that the DPRK shall abandon ail nuciear weapons and existing
shall also appiy to all arms and related materiel, as well as to financial transactions. manufacture, maintenance or use of such arms or materiel; technical training, advice, services or assistance related to the provision Decides that the measures in paragraph 8 (b) of resolution 17:8 (2006)
shall also apply to all arms and related materiel, as well as to financial transactions. technical training, advice, services or assistance related to the provision, manufacture, maintenance or use of such arms, except for small arms and light 10. Decides that the measures.in paragraph 8 (a) of resolution 1718 (2006)
the direct or indirect supply, sate or transfer to the DPRK of small arms or light days prior to selling. supplying or transferring small arms or light weapons to the weapons and their related materiel, and calls upon States to exercise vigilance ove weapons. and further decides that States shall notify the Committee at least five DPRK;
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authorities and legislation, and consistent with international law, all cargo to and paragraph 8 (a), 8 (b), or 8 (c) of resoiution 1718 or by paragraph 9 or 10 of this resolution, for the purpose of ensuring strict implementation of those provisions; from the DPRK."in their territory, including seaports and airports, if the State concerned has information that provides reasonable grounds to bejieve the cargo contains items the supply, saie. transfer. or export of which is prohibited by Calls upon all States to inspect. in accordance with their national
flag State. on the high seas, if they have information that provides reasonable grounds to believe that the cargo of such vessels contains items the supply, sale, resolution 1718 (2006) or by paragraph 9 or 10 of this resolution, for the purpose of transfer, or export of which is prohibited by paragraph 8 (a), 8 (b), or 8 (c) of ensuring strict implementation of those provisions: 12. Calls upon all Member States to inspect vesseis, with the consent of the
paragraphs 1l and 12. and. if the flag State does not consent to inspection on the appropriate and convenient port for the required inspection by the local authorities pursuant to paragraph I1 : high seas, decides that the flag State shall direct the vessel to proceed to an 13. Calls upon all States to cooperate with inspections pursuant to
Security Council resolutions, including resoiution l540 (2004). as well as any shall, seize and dispose of items the supply. sale. transfer, or export of which is prohibited by paragraph 8 (a), 8 (b), or 8 (c) of resolution 1718 or by paragraph 9 or or 13 in a manner that is not inconsistent with their obligations under applicable obligations of parties to the NPT, the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chenical Weapons and on Their Destruction of 29 April 1997. and the Convention on the Prohibition of the Weapons and on Their Destruction of :0 April 1972, and decides further that all States shall cooperate in such efforts: 10 of this resolution that are identified in inspections pursuant to paragraph 11, 12, Development, Production and Stockpiling of Bacteriologicai (Biological) and Toxin 14. Decidess to authorize all Member States to. and that all Member States
1 5 Requires any Member State, when it undertakes an inspection pursuant to
submit promptly reports containing relevant details to the Committee on the paragraph 11, 12, or 13. or seizes and disposes of cargo pursuant to paragraph 14, to inspection, seizure aud disposal;
a flag State pursuant to paragraph l2 or 13 to submit promptly to the Committee a 1 6. Requiress any Member State, when it does not receive the cooperation of
report containing relevant details;
is necessary for humanitarian purposes or until such time as the cargo has been inspected. and seized and disposed of if necessary, and underlines that this reasonable grounds to believe they are carrying items the supply, sale, transfer, or (2006) or by paragraph 9 or 10 of this resolution, untess provision of such services paragraph is not intended to affect legal cconomic activities: or from their territory of bunkering services, such as provision of fuel or supplies, or other servicing of vessels, to DPRK vessels if they have information that provides export of which is prohibited by paragraph 8 (a), 8 (b), or 8 (c) of resolution l718 17. Decides that Member States shall prohibit the provision by their nationals
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pursuant to paragraphs 8 (d) and (c) of resolution 1718 (2006). to prevent the 18. Calls upon Member States. in addition to implementing their obligations
provision of financial services or the transfer to. through. or from their territory, or to or by their nationals or entities organized under their laws (including branches abroad). or persons or financial institutions in their territory, of any financial or other assets or resources that could contribute to the DPRK's nuclear-related, ballistic missile-re!ated. or other weapons of mass destruction-related programs or activities, including by freezing any financia! or other assets or resources on their territories or that hereafter come within their territories. or that are subject to their jurisdiction or that hereafter become subject to their jurisdiction, that are associated with such programs or activities and applying enhanced monitoring to prevent all such transactions in accordance with their national authorities and tegistation;
institutions not to enter into new commitments for grants, financial assistance, or concessional loans to the DPRK, except for humanitarian and deveiopmental 19. Calls upon a!l Member States and international financial and credit
of denuclearization. and also calls upon States to exercise enhanced vigilance with a purposes directly addressing the needs of the civilian population, or the promotion
view to reducing current commitments;
insurance to their nationals or entities involved in such trade) where such financial other WMD-related programs or activities; trade with the DPRK (including the granting of export credits, guarantees or support could contribute to the DPRK's nuclear-related or ballistic missiie-related or 20. Calls upon all Member States not to provide pubiic financial support for
paragraphs 8 (a) (iii) and 8 (d) of resolution 1718 (2006) without prejudice to the activities of the diplomatic missions in the DPRK pursuant to the Vienna Convention on Diplomatic Relations: Emphasizes that all Member States should comply with the provisions of
forty-five days of the adoption of this resolution and thereafter upon request by the the provisions of paragraph 8 of resolution 1718 (2006) as well as paragraphs 9 and Committee on concrete ineasures they have taken in order to implement effectively 10 of this resolution. as well as financial measures set out in paragraphs 18, 19 and 20 of this resolution: 22. Calls upon all Member States to report to the Security Council within
resolution 1718 (2006) shall also apply to the items listed in {NFCIRC/254/Rev.9/Part 1a and INFCIRC/254/Rev.7/Part 2a: 23. Decides that the measures set out at paragraphs 8 (a), 8 (b) and 8 (c) of
goods. and individuals, and directs the Conimittee resolution, ard further decides that, if the Committee has not acted, then the Security Counci! will coniplete action to adjust the measures within seven days of 1718 (2006) and this resolution, including through the designation of entities, receiving that feport: effect and to report to the Security Council within thirty days of adoption of this 24. Decidess to adjust the measures imposed by paragraph 8 of resolution to undertake its tasks to this
25. Decides that the Committee shall intensify its efforts to promote the full
compliance, investigations. outreach. dialogue. assistance and cooperation, to be 2009 (S/PRST/2009/7) and this resoiution, through a work programme covering implementation of reso!ution i718 (2006), the statement of its President of 13 April
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submitted to the Council by 15 July 2009. and that it shali also receive and consider reports from Member States pursuant to paragraphs 10. 15. 16 and 22 of this resolution:
in consultation with the Comimittee. a group of up to seven experts ("Panel of Experts"), acting under the direction of the Conumittee to carry out the following tasks: (a) assist the Committee in carrying out its mandate as specified in resolution (b) gather, examine and analyze information from States, relevant United Nations 17i8 (2006) and the functions specified in paragraph 25 of this resolution; 26. Requests the Secretary-General to create for an initial period of one year.
imposed in resolution 1718 (2006) and in this resolution, in particular incidents of non-compliance; (c) make recommendations on actions the Council, or the termination of its inandate with its findings and recommendations; measures imposed in resolution 1718 (2006) and in this resolution; and (d) provide an interim report on its work to the Council no iater than 90 days after adoption of bodies and other interested parties regarding the implementation of the measures Commiltee or Member States. may consider to improve inpiementation of the this resolution, and a final report to the Council no tater than 30 days prior to
parties, to cooperate fully with the Committee and the Panel of Experts, in particular by supplying any information at their disposal on the impfementation of the measures imposed by resolution 17:8 (2006) and this resolution; 2. Urges all States, relevant United Nations bodies and other interested
specialized teaching or training of DPRK nationals within their territories or by their nationals, of disciplines which could contribute to the DPRK's proliferation sensitive nuclear activities and the development of nuclear weapon delivery systems; 28. Calls upon alt Member States to exercise vigilance and prevent
Treaty at the earliest date: 2 Calls upon the DPRK to join the Comprehensive Nuclear-Test-Ban
to the Six Party Talks without precondition, and urges all the participants to intensify their efforts on the full and expeditious implementation of the Joint Statement issued on 19 September 2005 and the joint documents of 13 February 2007 and 3 October 2007, by China, the DPRK, Japan, the Republic of Korea, the Russian Federation and the United States, with a view to achieving the verifiable denuclearization of the Korean Peninsuia and to maintain peace and stability on the Korean Peninsula ard in north-east Asia; 30 Supports peaceful diatogue. calls upon the DPRK to return immediately
to the situation and welcomes efforts by Council members as weli as other Member States to facilitate a peaceful and comprehensive solution through dialogue and to refrain from any actions that might aggravate tensions; 31 Expresses its commitment to a peaceful, diplomatic and political solution
and that it shall be prepared ro review the appropriateness of the measures contained in paragraph 8 of resolution 1713 (2006) and reievant paragraphs of this resolution, including the strengthening. modification. suspension or lifting of the measures, as may be needed at that time in light of the DPRK's compliance with relevant provisions of resolution 1718 (2006) and this resolution: 32. Affir'ms that it shall keep the DPRK's actions under continuous review
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measures be necessary: 33. Underlines that further decisions will be required. should additional
34. Decides to remain actively seized of the matter.
1 0936 89
United Nations S/RES/1718 (2006)
Security Council Distr.: General
14 October 2006
Resolution 1718 (2006)
Adopted by the Security Council at its 5551st meeting, on 14 October 2006
The Security Council.
resolution 1540 (2004) and. in particular, resolution l695 (2006), as well as the statement of its President of 6 October 2006 (S/PRST/2006/41), Recalling its previous relevant resolutions, including resolution 825 (1993).
well as their means of delivery, constitutes a threat to international peace and security. Reaffirming that proliferation of nuclear, chemical and biological weapons, as
Non-Proliferation of Nuclear Weapons and to international efforts aimed at Republic of Korea (DPRK) that it has conducted a test of a nuclear weapon or 9 October 2006, and at the challenge such a test constitutes to the Treaty on the strengthening the globa! regime of non-proliferation of nuclear weapons, and the danger it poses to peace and stability in the region and beyond, Expressing the gravest concern at the claim by the Democratic People's
non-proliferation of nuclear weapons should be maintained and recalling that the DPRK cannot have the status of a nuclear-weapon state in accordance with the Treaty on the Non-Proliferation of Nuclear Weapons. Expressing its firn conviction that the international regime on the
Non-Proliferation of Nuclear Weapons and its pursuit of nuclear weapons. Deploring the DPRK's announcement of withdrawal from the Treaty on the
without precondition. Deploring further that the DPRK has refused to return to the Six-Party talks
DPRK, Japan, the Republic of Korea. the Russian Federation and the United States, Endorsing the Joint Statement issued on 19 September 2005 by China, the
humanitarian concerns of the international community. Underlining the importance that the DPRK respond to other security and
increased tension in the region and beyond, and determining therefore that there is a clear threat to international peace and security. Expressing profound concern that the test claimed by the DPRK has generated
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measures under its Article 4I. Acting under Chapter VI of the Charter of the United Nations, and taking
in fiagrant disregard of its relevant resolutions, in particular resolution l695 (2006). Condemns the nuclear test proclaimed by the DPRK on 9 October 2006
as well as of the statement of its President of 6 October 2006 (S/PRST/2006/41), including that such a test would bring universal condemnation of the international community and woutd represent a clear threat to international peace and security;
a ballistic missile: Demamds that the DPRK not conduct any further nuctear test or faunch of
withdrawal from the Treaty on the Non-Proliferation of Nuclear Weapons; Demands that the DPRK immediately retract its announcement of
A Demands further that the DPRK return to the Treaty on the Non-Proliferation of Nuclear Weapons and International Atomic Energy Agency (IAEA) safeguards, and underlines the need for all States Parties to the Treaty on the Non-Proliferation of Nuclear Weapons to continue to comply with their Treaty obligations;
missile programme and in this context re-establish its pre-existing commitments to a 5 Decides that the DPRK shall suspend all activities related to its ballistic
moratorium on missile launching;
the Non-Proliferation of Nuclear Weapons and the terms and conditions of its International Atomic Energy Agency (IAEA) Safeguards Agreement (IAEA nuclear programmes in a complete. verifiable and irreversible manner, shall act strictly in accordance with the obligations applicable to parties under the Treaty on Decides that the DPRK shall abandon all nuclear weapons and existing
these requirements. inciuding such access to individuals. documentation. equipments and facilities as may be required and deemed necessary by the IAEA; INFCIRC/403) and shail provide the IAEA transparency measures extending beyond
mass destruction and ballistic missile programme in a complete, verifiable and irreversible manner: Decides also that the DPRK shall abandon ati other existing weapons of
8 Decides that:
transfer to the DPRK. through their territories or by their nationals, or using their flag vessels or aircraft, and whether or not originating in their territories, of: (a) All Member States shafi prevent the direct or indirect supply, sale or
(i) Any battle tanks, armoured combat vehicles, large calibre artillery systems, combat aircraft, attack helicopters, warships, missiles or missile Conventional Arms. or related materiel including spare parts, or items as systems as defined for the purpose of the United Nations Register on determined by the Security Council or the Conimittee established by paragraph 12 beiow (the Committce}:
lists in documents S/2006/814 aud S/2006/815, unless within 14 days of (ii) All items. materials, equipment. goods and technology as set out in the
provisions also taking into account the list in document S/2006/8 16, as well as other items, materials. equipment. goods and technology, determined by the adoption of this resolution the Committee has amended or completed their
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nuclear-related, ballistic missile-retated or other weapons of mass destruction- Security Councit or the Committee. which could contribute to DPRK's
related programmes: (iii) Luxury goods;
(a) (i) and (a) (ii) above and that all Member States shall prohibit the procurement of such items from the DPRK by their nationals. or using their flagged vessels or aircraft, and whether or not originating in the territory of the DPRK; (b) The DPRK shall cease the export of all items covered in subparagraphs
nationals or from their territories, or from the DPRK by its nationals or from its territory. of technical training. advice, services or assistance related to the provision, manufacture. maintenance or use of the items in subparagraphs (a) (i) and (a) (ii) {C} Ail Member States shall prevent any transfers to the DPRK by their
above;
resources which are of cheir territories at the date of the adoption of this resolution processes, } All Member States shall. in accordance with their respective legal freeze immediately the funds, other financial assets and economic
engaged in or providing support for, including through other iflicit means, DPRK's nuclear-related, other weapons of mass destruction-reiated and ballistic missile- related programmes. or by persons or entities acting on their behalf or at their or at any time thereafter. that are owned or controlled, directly or indirectly, by the persons or entities designated by the Committee or by the Security Council as being direction, and ensure that any funds. financial assets or economic resources are prevented from being made available by their nationals or by any persons or entities within their territories. to or for the benefit of such persons or entities;
promoting, DPRK policies in relation to the DPRK's nuciear-related, ballistic missile-related and other weapons of mass destruction-related programmes, together or transit through their territories of the persons designated by the Committee or by the Security Council as being responsible for, including through supporting or with their family members. provided that nothing in this paragraph shall oblige a state to refuse its own nationals entry into its territory: (e All Member States shall take the necessary steps to prevent the entry into
and thereby preventing illicit trafficking in nuclear, chemical or biological weapons. their means of delivery and related materials. all Member States are called upon to take, in accordance with their national authorities and legislation, and consistent with international law, cooperative action including through inspection of cargo to and from the DPRK. as necessary: f In order to ensure compliance with the requirements of this paragraph.
financiai or other asscts or resources that have been determined by relevant States: 9 Decides that the provisions of paragraph 8 (d) above do not apply to
rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and holding or maintenance of frozen funds, other financial assets and resources. after notification by the reievant States to the Committee of the intention public utility charges, or exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services, or fees or service charges, in accordance with national laws. for routine {a} To be necessary for basic expenses: including payment for foodstuffs. economic
06-5720'7 3
STRES/718 (2006)
to authorize, where appropriate, access to such funds. other financial assets and within five working days of such nolification: economic resources and in the absence of a negative decision by the Committee
determination has been notified by the relevant States to the Committee and has been approved by the Committee: or (b) To be necessary for extraordinary expenses. provided that such
which case the funds. other financial assets and economic resources may be used to (c) To be subject of a judicial, administrative or arbitral lien or judgement, in
to the date of the present resolution, is not for the benefit of a person referred to in paragraph 8 (d) above or an individual or entity identified by the Security Council or the Comnittec. and has been notified by the relevaut States to the Committee: satisfy that lien or judgement provided that the lien or judgement was entered priot
justified on the grounds of humanitarian need, inciuding religious obligations, or where the Committee concludes that an exemption would otherwise further the apply where the Committee determines on a case-by-case basis that such travei is objectives of the present resolution; 10. Decides that the measures imposed by paragraph 8 (e) above shall not
thirty days of the adoption of this resolution on the steps they have taken with a view to impiementing effectively the provisions of paragraph 8 above; 1l. Calls upon ail Member States to report to the Security Council within
procedure, a Committee of the Security Council consisting of all the members of the Councit. to undertake the foflowing tasks: 1 2. Decides to establish. in accordance with rule 28 of its provisional rules of
above. information regarding the actions taken by them to implement effectively the items. materials, equipnient. goods and technology referred to in paragraph 8 (a) measures imposed by paragraph 8 above of this resolution and whatever further information it may consider useful in this regard; (a) To seek from all States. in particular those producing or possessing the
violations of measures imposed by paragraph 8 of this resolution: (b) To examine and take appropriate action on inforniation regarding alleged
paragraphs 9 and 10 above; (c) To consider and decide upon requests for exemptions set out in
technology to be specified for the purpose of paragraphs 8 (a) (i) and 8 (a) (ii) above: (d) To determine additiona! items, materials, equipment, goods and
imposed by paragraphs 8 (d) and 8 (e) above; (e) To designate additiona} individuals and entities subject to the measures
implementation of the measures imposed by this resolution: (f) To promuigate guidelines as may be necessary to facilitate the
its observations and recommendations. in particular on ways to strengthen the effectiveness of the measures imposed by paragraph 8 above; (g) To report at least every 90 days to the Security Council on its work, with
intensify their iploinatic efforts, to refrain from any actions that might aggravate 13. Welcones and encourages; further the efforts by all States concerned to
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S/RES/1718 (2006)
tension and to facilitate the early resumption of the Six-Party Talks, with a view to the expeditious impiementation of the Joint Statement issued on 19 September 2005 United States. to achieve the verifiable denuclearization of the Korean Peninsula by China, the DPRK, Japan, the Repubiic of Korea. the Russian Federation and the and to maintain peace and stability on the Korean Peninsula and in north-east Asia:
without precondition and to work towards the expeditious implementation of the Joint Statement issued on 19 September 2005 by China. the DPRK, Japan, the Republic of Korea. the Russian Federation and the United States; 14. Calls upon the DPRK to return immediately to the Six-Party Talks
paragraph 8 above. inciuding the strengthening. modification, suspension or lifting of the measures. as may be needed at that time in light of the DPRK's compliance that it shall be prepared to review the appropriateness of the measures contained in with the provisions of the resolution; I5. Affirms that it shall keep DPRK's actions under continuous review and
measures be necessary: 1 Underlines that further decisions will be required, should additional
1. Decides to remain actively seized of the matter.
0 6-S 207 S
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