I. Introduction
1. By its resolution 1493 (2003), the Security Council imposed an arms embargo on all foreign and Congolese armed groups and militias operating in the territory of North and South Kivu and Ituri, and on groups not parties to the Global and All-Inclusive Agreement on the Transition in the Democratic Republic of the Congo. By its resolution 1533 (2004), the Council established a sanctions Committee and a Group of Experts to monitor the implementation of the arms embargo. The Council further extended the embargo to any recipient on the territory of the Democratic Republic of the Congo, with exemptions including the Congolese army and police, by resolution 1596 (2005).
2. By resolution 1596 (2005), the Security Council also established travel restrictions and imposed a freeze on the assets of individuals and entities violating the arms embargo, as designated by the Committee, and re-established the Group of Experts, with the addition of an expert for financial issues. Following the establishment of the consolidated assets freeze and travel ban list by the Committee on 1 November 2005, the Council, by its resolution 1649 (2005), extended the applicability of the travel and financial restrictions to political and military leaders of foreign armed groups operating in the Democratic Republic of the Congo and to Congolese militias receiving support from abroad who impede the participation of their combatants in disarmament, demobilization and reintegration processes. 3. In July 2006, by its resolution 1698 (2006), the Security Council renewed the arms embargo and the travel and financial measures until 31 July 2007, further broadening their applicability to political and military leaders recruiting or using children in armed conflict and to individuals committing serious violations of international law involving the targeting of children in situations of armed conflict. The arms embargo and targeted sanctions were further renewed until 31 March 2008 by Council resolutions 1771 (2007) and 1799 (2008).
4. By its resolution 1807 (2008), the Security Council renewed the arms embargo and the travel and financial measures until 31 December 2008 and limited the applicability of the embargo to all non-governmental entities and individuals operating in the territory of the Democratic Republic of the Congo. The Council also clarified that the measures on arms and technical training no longer applied to the Government of the Democratic Republic of the Congo. The Council terminated the requirement, originally established by resolution 1596 (2005), that authorized shipments of arms and related materiel should be made only to sites designated by the Government in consultation with the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC). At the same time, by paragraph 5 of that resolution, the Council reiterated the obligation of supplier States to notify the Committee of all shipments of arms and related materiel to the Democratic Republic of the Congo and of any provision of assistance, advice or training related to military activities in that country.
5. By subparagraph 13 (e) of resolution 1807 (2008), the Security Council decided that the assets freeze and travel ban would also apply to individuals, as designated by the Committee, operating in the Democratic Republic of the Congo and committing serious violations of international law involving the targeting of women in situations of armed conflict, including killing and maiming, sexual violence, abduction and forced displacement. By subparagraph 4 (f) of resolution 1857 (2008), the Council decided that the assets freeze and travel ban would also apply to individuals obstructing the access to or the distribution of humanitarian assistance in the eastern Democratic Republic of the Congo, as well as individuals or entities supporting the illegal armed groups in the eastern Democratic Republic of the Congo through the illicit trade of natural resources.
6. By resolution 1896 (2009), the Security Council decided to extend the sanctions regime and the mandate of the Group of Experts as set out in resolution 1857 (2008) for a further period expiring on 30 November 2010, and requested the Group of Experts to report to the Council in writing, through the Committee, by 21 May 2010 and again before 20 October 2010. In paragraph 7 of resolution 1896 (2009), it was decided that the mandate of the Group of Experts should include recommendations to the Committee for guidelines for the exercise of due diligence by importers, processing industries and consumers of mineral products from the Democratic Republic of the Congo.
7. The Security Council, by paragraph 8 of resolution 1896 (2009), requested the Group of Experts to focus its activities in North and South Kivu, Ituri and the Orientale Province as well as on regional and international networks providing support to armed groups operating in the eastern Democratic Republic of the Congo.
8. By paragraph 8 of resolution 1857 (2008), the Security Council had requested the Group of Experts to continue fulfilling its mandate as set out in paragraph 18 of resolution 1807 (2008), as follows: (a) To examine and analyse information gathered by MONUC in the context of its monitoring mandate and share with MONUC, as appropriate, information that might be of use in the fulfilment of the Mission's monitoring mandate; (b) To gather and analyse all relevant information in the Democratic Republic of the Congo, countries of the region and, as necessary, in other countries, in cooperation with the Governments of those countries, on flows of arms and related materiel, as well as networks operating in violation of the measures imposed by paragraph 1 of resolution 1807 (2008) (the arms embargo); (c) To consider and recommend, where appropriate, ways of improving the capabilities of interested States, in particular those of the region, to ensure that the measures imposed by paragraph 1 of resolution 1807 (2008) are effectively implemented; (d) To keep the Committee frequently updated on its activities; (e) To provide the Committee, in its reports, with a list, with supporting evidence, of those found to have violated the measures imposed under paragraph 1 of resolution 1807 (2008) and those found to have supported them in such activities, for possible future measures by the Council.
9. In a letter dated 25 February 2010 addressed to the President of the Security Council (S/2010/99), the Secretary-General informed the Council that he had appointed three members of the Group of Experts, as follows: Raymond Debelle (Belgium, arms), Kokouma Diallo (Guinea, customs and finance), and Philip Lancaster (Canada, armed groups and Coordinator). In a letter dated 22 April 2010 addressed to the President of the Council (S/2010/207), the Secretary-General informed the Council that he had appointed a further two members, as follows: Fred Robarts (United Kingdom, regional issues) and Pawel Tarnawski (Poland, logistics). The Group was assisted by a consultant, Gregory Mthembu-Salter (United Kingdom), to undertake the tasks described in paragraph 7 of resolution 1896 (2009) including the drafting of due diligence guidelines. Claudio Gramizzi (Italy) also served as a consultant during the initial part of the mandate. The Group was assisted in its mandate by Francesca Jannotti Pecci, Political Affairs Officer in the Department of Political Affairs of the United Nations Secretariat.
10. The Group notes that delays in the establishment of its full complement of experts weakened its ability to conduct its mandate.
11. The Group wishes to express its thanks, in particular, to the Special Representative of the Secretary-General and the staff of MONUC for their support and continued collaboration. The Group also wishes to acknowledge, with appreciation, the cooperation of the national authorities of the Democratic Republic of the Congo.