Draft Resolution

This draft resolution condemning the nuclear test that North Korea claimed to have carried out Monday is the second proposal submitted by the United States. Japan, Britain, France and Slovakia have agreed to cosponsor the resolution, while China and Russia, who both wield a Security Council veto, expressed concerns.

October 11, 2006

The Security Council,

Recalling its previous relevant resolutions, including resolution 825 (1993), resolution 1540 (2004) and, in particular, resolution 1695 (2006), as well as the statement of its President of 6 October 2006 (S/PRST/2006/41),

Reaffirming that proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constitutes a threat to international peace and security,

Expressing the gravest concern at the claim by the Democratic People's Republic of Korea (DPRK) that it has conducted a test of a nuclear weapon on 9 October 2006, and at the challenge such a test constitutes to the Treaty on the Non-Proliferation of Nuclear Weapons and to international efforts aimed at strengthening the global regime of non-proliferation of nuclear weapons, and the danger it poses to peace and stability in the region and beyond,

Expressing its firm conviction that the international regime on the 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,

Deploring the DPRK's announcement of withdrawal from the Treaty on the Non-Proliferation of Nuclear Weapons and its pursuit of nuclear weapons,

Deploring further that the DPRK has refused to return to the Six-Party talks without precondition,

Endorsing the Joint Statement issued on 19 September 2005 by China, DPRK, Japan, Republic of Korea, the Russian Federation and the United States,

Expressing profound concern that the test claimed by the DPRK has generated increased tension in the region and beyond,

Underlining the importance that the DPRK responds to other security and humanitarian concerns of the international community,

Determining that the situation in the DPRK and in particular the test claimed by the DPRK constitutes a clear threat to international peace and security,

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

1. Condemns the nuclear test proclaimed by the DPRK on 9 October 2006 in flagrant disregard of its relevant resolutions, in particular resolution 1695(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 would represent a clear threat to international peace and security;

2. Demands that the DPRK not conduct any further nuclear test or launch of a ballistic missile;

3 . Demands that the DPRK immediately retract its announcement of withdrawal from the Treaty on the Non-Proliferation of Nuclear Weapons;

4. Demands further that the DPRK return to the Treaty on the Non-Proliferation of Nuclear Weapons and International Atomic Energy Agency (IAEA) safeguards;

5. Demands again that the DPRK suspend all activities related to its ballistic missile programme and in this context re-establish its pre-existing commitments to a moratorium on missile launching;

6. Decides that the DPRK shall eliminate its nuclear weapons and nuclear programs in a complete, verifiable and irreversible manner, shall act strictly in accordance with the obligations applicable to parties under the Treaty on the Non-Proliferation of Nuclear Weapons and the terms and conditions of its International Atomic Energy Agency (IAEA) safeguard agreement (IAEA Infcirc/403) and shall provide the IAEA transparency measures extending beyond these requirements including such access to individuals, documentation, equipments and facilities as may be required and deemed necessary by the IAEA;

7. Decides also that the DPRK shall eliminate its other weapons of mass destruction and ballistic missile programs in a complete, verifiable and irreversible manner; 8. Decides that :

(a) all Member States shall prevent the direct or indirect supply, sale or 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 any:

(i) arms or any related materiel;

(ii) all items, materials, equipment, goods and technology as set out in the annex to this resolution, or included in their national control list or a common list, as well as other item, material, equipment, goods and technology, determined by the Security Council or the Committee established by paragraph 12 below (the Committee), which could contribute to DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes;

(iii) luxury goods;

(b) the DPRK shall cease the export of all items covered in sub-paragraphs 8(a)(i) and 8(a)(ii) above and that all Member States shall prohibit the procurement of such items, from the DPRK or by its nationals and whether or not originating in the DPRK territories;

(c) all Member States shall prevent any transfers to the DPRK by their 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 subparagraph (a)(i) and (a)(ii) above;

(d) all Member States shall freeze immediately the funds, other financial assets and economic resources which are on their territories at the date of the adoption of this resolution or at any time thereafter, that are owned or controlled, directly or indirectly, by the persons or entities designated by their own national legal authorities, by the Committee or by the Security Council as being engaged in or providing support for, including through other illicit means, DPRK's nuclear and ballistic missile programmes, or by persons or entities acting on their behalf or at their 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;

(e) all Member States shall take the necessary measures to prevent the entry into or transit through their territories of the persons designated by their own national legal authorities, by the Committee, or by the Security Council as being responsible for, including through supporting or promoting, DPRK policies in relations to the DPRK's nuclear, ballistic missile and other WMD-related programmes, together with their family members, provided that nothing in this paragraph shall oblige a state to refuse its own nationals entry into its territory;

(f) all Member States shall take such steps as they consider necessary, in accordance with their national legal authorities and legislation and consistent with international law, to undertake and facilitate inspection of cargo to or from the DPRK as necessary to ensure compliance with the requirements of this paragraph and to prevent illicit trafficking in the items referred to above;

9. Decides that the provisions of paragraph 8 (d) above do not apply to financial or other assets or resources that have been determined by relevant States:

(a) to be necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and 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 holding or maintenance of frozen funds, other financial assets and economic resources, after notification by the relevant States to the Security Council of the intention to authorize, where appropriate, access to such funds, other financial assets and economic resources and in the absence of a negative decision by the Security Council within five working days of such notification;

(b) to be necessary for extraordinary expenses, provided that such determination has been notified by the relevant States to the Security Council and has been approved by the Security Council, or

(c) to be subject of a judicial, administrative or arbitral lien or judgment, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment: was entered prior to the date of the present resolution, is not for the benefit of a person referred to in paragraph 8 (e) above or an individual or entity identified by the Security Council, and has been notified by the relevant States to the Security Council;

10. Decides that the measures imposed by paragraph 8(e) above shall not apply where the Committee determines on a case by case basis that such travel is justified on the grounds of humanitarian need, including religious obligations, or where the Committee concludes that an exemption would otherwise further the objectives of the present resolution ;

11. Calls upon all Member States to report to the Security Council within [thirty] days of the adoption of this resolution on the steps they have taken with a view to implementing effectively the provisions of paragraph 8 above;

12. Decides to establish, in accordance with rule 28 of its provisional rules of procedure, a Committee of the Security Council consisting of all the members of the Council, to undertake to following tasks:

a) to seek from all States, in particular those in the region and those producing the items, materials, equipment, goods and technology referred to in paragraph 8 (a) above, information regarding the actions taken by them to implement effectively the measures imposed by paragraphs 8 above of this resolution and whatever further information it may consider useful in this regard;

b) to examine and take appropriate action on information regarding alleged violations of measures imposed by paragraph 8 of this resolution;

c) to consider and decide upon requests for exemptions set out in paragraphs 9 and 10 above;

d) to determine other items, materials, equipment, goods and technology to be specified for the purpose of paragraph 8 (a) above;

e) to designate individuals and entities subject to the measures imposed by paragraphs 8 (d) and 8 (e) above;

f) to promulgate guidelines as may be necessary to facilitate the implementation of the measures imposed by this resolution;

g) to report at least every 90 days to the Security Council on its work, with its observations and recommendations, in particular on ways to strengthen the effectiveness of the measures imposed by paragraphs 8 above;

13. Welcomes and encourages further the efforts by all States concerned to intensify their diplomatic efforts, to facilitate the early resumption of the Six-Party Talks, with a view to achieving the verifiable denuclearization of the Korean Peninsula and to maintaining peace and stability on the Korean Peninsula and in north-east Asia;

14. Calls upon the DPRK to return immediately to the Six-Party Talks without precondition;

15. Affirms that it shall keep DPRK's actions under continuous review and that it shall be prepared to review the appropriateness of the measures contained in paragraph 8 above, 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 the provisions of the resolution;

16. Decides to remain actively seized of the matter.