S/12265

S/12265 NINTH REPORT OF THE SECURITY COUNCIL COMMITTEE ESTABLISHED IN PURSUANCE OF RESOLUTION 253 (1968) CONCERNING THE QUESTION OF SOUTHERN RHODESIA SECURITY COUNCIL OFFICIAL RECORDS THIRTY-SECOND YEAR SPECIAL SUPPLEMENT No. 2 Volume I UNITED NATIONS New York, 1977

NOTE Symbols of United Nations documents are composed of capital letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document. Documents of the Security Council (symbol S/... ) are normally published in quarterly Supplements of the Official Records of the Security Council. The date of the document indicates the supplement in which it appears or in which informati about it is given. The resolutions of the Security Council, numbered in accordance with a system adopted in 1964, are published in yearly volumes of Resolutions and Decisions of the Security Council. The new system, which has been applied retroactively to resolutions adopted before 1 January 1965, became fully operative en that date.

CONTEPITS Paragrpho s Pa ge. VOLUTM I INTRODUCTION ...... 1 -3 1 Chapter I. WORK OF THE COMPIITTEE ...... 4 78 2 A. Organization and programme of work ...... 5 21 2 (a) Working procedures ...... 10 15 3 (b) Consideration of general subjects ...... 16 - 21 4 B. Consideration of cases carried over from previous reports and new cases concerning possible violation of sanctions ...... 22 - 71 6 (a) General cases ...... 29 - 59 7 (b) Cases opened on the basis of information supplied by individuals and non-governmental organizations (Case No. INGO-...) ...... 60 14 (c) Imports of chrome nickel and other materials from Southern Rhodesia into the United States of America (Case No. USI.-...) ...... 61 71 15 C. Other actions taken by the Committee to promote the implementation of sanctions ...... 72 -. 78 17 (a) Sports activities involving participants travelling to and from Southern Rhodesia * 72 - 76 17 (b) Publication of lists of Governments failing to respond to the Committee's inquiries within the prescribed period of two months.. 77 78 18 II. ACTIONS TAKEN BY GOVERNI-DINTS IN IMPLEFIENTATION OF SANCTIONS ...... 79 -86 20 A. Actions taken by Governments either independently or with respect to specific cases in response to inquiries addressed to them by the Committee . 79 20 B. Transactions conducted with the consent or knowledge of reporting Governments ...... 80 - 84 23 C. Replies received from Governments with respect to Security Council resolution 388 (1976) ...... 85 - 86 2h -iii-

CONTENTS (continued) Chapter III. CONSULAR AND OTHER REPRESENTATION IN SOUTHERN RHODESIA AND REPRESENTATION OF THE ILLEGAL REGIME IN OTHER COUNTRIES ...... A. Consular relations with Southern Rhodesia B. Southern Rhodesian representational offices abroad ...... IV. AIRLINES OPERATING TO AND FROM SOUTHERN RHODESIA . . . A. Relevant cases examined by the Committee .... B. Consideration of the matter as a general subject V. IMMIGRATION AND TOURISM ...... A. General information ...... B. Specific cases concerning tourism ...... Paragraphs pg 87 - 91 87 88 92 93 96 100 100 108 91 99 95 99 113. 107 ill ANNEXES* I. Report of the Chairman on his personal contacts with the Permanent Representatives of Governments in default of replies after three reminders II. Cases carried over from previous reports and new cases III. Import of chrome, nickel and other material from Southern Rhodesia into the United States of America IV. Cases of transactions conducted with the consent or knowledge of reporting Governments V. Cases opened on the basis of information supplied by individuals and non-governmental organizations VI. Note prepared by the Secretariat on Southern Rhodesian trade for 1975 * The annexes to the present report will be issued separately. -iv-

INTRODUCTION 1. The eighth report of the Committee to the Security Council (S/l1927/Rev.1) I/ was adopted on 29 December 1975. Since then, the Committee has held 20 meetings. 2. At the 265th meeting on 7 April 1976, the Committee elected Ambassador Iqbal A. Akhund (Pakistan) Chairman and decided that the delegations of Guyana and the United Republic of Tanzania should provide the two Vice-Chairmen. 3. The present report was adopted at the 284th meeting on 21 December 1976. It covers the period between 16 December 1975 and 15 December 1976 and follows on the whole the outline of previous reports in its body and annexes. However, in accordance with the recommendations of the General Assembly on the preparation of documents, the Committee decided to make this report as brief as possible. For that reason, basic information already reported upon has not been reproduced and various sections have been combined. At the same meeting the Chairman, on behalf of the Committee, expressed the Committee's appreciation to all members of the Secretariat for the dedicated service they had rendered to it in the course of the year. i/ Official Records of the Security Council, Thirty-first Year, Special Su I, vols. I and II. -1-

CHAPTER I WORK OF THE COMT!ITTEE 4. General information concerning the Committee and its working procedures may be found in chapter I A of the seventh reoort (S/11594/Rev.1) 2/ and Chapter I, A of the eighth report (S/1927/Rev.l). A. Organization and programme of work 5. It may be recalled that as a result of the Committees discussion of its programme of work at the beginning of 1975, agreement had been reached on a list of items deemed acceptable for consideration by the Committee. These items fell into two categories apart from cases: procedural measures and subjects of a general nature (see chap. I of the eighth report). 6. In the course of 1975, the Committee had dealt with all of the procedural measures and a number of the general subjects included in its programme of work (see chap. I, sects. A and B of the eighth report). 7. During 1976, the Committee modified two of its working procedures established in 1975, namely, the authorization given to the Secretariat to prepare notes with no-.objection slips concerning sports events, and the ratio in the allocation of meetings alternatively to specific cases or to subjects of a general nature. The Committee also established new working procedures with reference to: subjects of a general nature with which it had dealt in 1975; countries from which replies were still pending after three reminders; and, circulation to the Committee on a quarterly basis of lists of Governments in default of a reply after three reminders. 8. With reference to subjects of a general nature, it may be recalled that during 1975, the Committee examined the following items from the list of general subjects included in its programme of work: the question of relationship with the Organization of African Unity; the establishment of closer contacts with non- .governmental organizations; and the expansion of sanctions against Southern Rhodesia, on which, because of its particular importance, the Committee decided to issue a special report to the Security Council (S/11913) 3/ dated 15 December 1975. In connexion with the latter item, that is, expansion of sanctions against Southern Rhodesia, the Committee also examined the following items. which were included in its programme of work as general subjects: insurance of goods and of passengers going to and from Southern Rhodesia, trade names and franchises- request to Member States to deny landing rights in their respective territories to flights the route schedule of which included stopovers in Southern Rhodesia for the purpose of loading or unloading passengers and/or goods to and from Southern Rhodesia, and immigration, tourism and sporting activities involving Southern Rhodesia. 2/ Official Records of the Securityr Council, Thirtieth Year, Special Supp.lement No. 2, vols. I and II. 3/ Ibid., Thirtieth Year, Supplement for October., November and December 1975. -2-

9. The following items in the general subject category of the Committee s programme of work, which had not been concluded during 1975. were retained in the Committee's programme of work for 1976: (a) List of countries to which 20 or more notes concerning violations of sanctions have been sent(b) Manual of documentation and procedures for goods originating in southern Africa(c) Question of, and possible methods for, reviewing older cases more effectively(d) Question of conflicting reports of 'leriber States on the origin of goods declared to have been imported from Southern Rhodesia. (a) Working procedures 10. During the period under review, the Committee took the following decisions concerning its working procedures: to allocate four meetings in a row to the study of specific cases and then two meetings to the study of general issues; to extend the semi- .automatic procedure to information gathered from published sources regarding sports events only when such activities involved either individuals or organized sports groups, acting in a nationally representative capacity, or membership of Southern Rhodesia in international sports federations- to agree that any further aspects of the general subjects already dealt with in 1975 could be brought up again for discussion in 1976! to request the Chairman to contact the Permanent Representatives of countries from which replies were still pending after three reminders- and to circulate within the Committee a quarterly list of Governments in default of a reply after three reminders. (i) Extension of the semi-automatic -orocedure to information gathered from Dublished sources concerning sports events 11. During 1976, the Committee's attention was again drawn to the question of international sports events in which Southern Rhodesians participated outside of Southern Rhodesia, as well as the sports events held within Southern Rhodesia with the participation of foreigners. In the course of its discussion on the matter, the Committee modified, at the 269th meeting, its 1975 decision extending the semi-automatic procedure to information gathered from published sources concerning sports events. Bearing in mind that participation in such events served to enhance the image and prestige of the illegal regime, the Committee decided that the automatic sending of notes under the no-objection procedure should concentrate on sports activities involving either individuals or organized groups acting in a nationally representative capacity, or membership of Southern Rhodesia in international sports federations. Additional information on sporting activities may be found in section C (a) of the present chapter. (ii) Allocation of meetings 12. At its 270th meeting, the Committee reconsidered and amended its working procedure with regard to the number of meetings to be devoted to specific cases of suspected sanctions violations on the one hand, and to general issues on the other. Changing the three to two ratio established in 1975, it decided that the first four of a cycle of six meetings should be devoted to the consideration of pending cases and the two following meetings to the study of general issues, on the understanding that the Committee would turn its attention to pending cases whenever it was possible to do so. (iii) General sublects considered by the Committee during 1975 13. At the 272nd meeting the Committee, noting that some of the general subjects considered by the Committee during 1975 had not been dealt with exhaustively, e.g., the question of the expansion of sanctions against the illegal regime in Southern Rhodesia, decided that any delegation was free to bring up for discussion any further aspects of the subjects dealt with in 1975 and listed in paragraph 8 above. (iv) Contacting Permanent Representatives of countries in default of replies after third reminders 14. The Committee considered that in order to render its efforts more effective in eliciting replies from countries which had failed to respond to inquiries from the Committee despite the fact that reminders had been sent to them in accordance with the established procedure, a working procedure should be developed with a view to obtaining the information requested. Accordingly, as a follow-up to the system instituted in 1975 of sending a third reminder to those Governments, drawing their attention to their obligations under paragraphs 20 (b) and 22 of Security Council resolution 253 (1968), the Committee decided, at its 273rd meeting, to request its Chairman to make personal contact with the Pernanent Representatives of the countries in default of replies after three reminders, or after two reminders before the inception of the new system, in order to request their urgent co-operation. The Committee also decided that henceforth it would be standard procedure for the Chairman to contact the Permanent Representatives of countries that still failed to reply two months after the dispatch of a third reminder from the Committee. The Chairman's first report in that regard may be found in annex I to the present report. (v) Lists of Governments in default of a reply after third reminders 15. At the same meeting, the Committee decided to maintain a quarterly list, to be circulated to members of the Committee, showing those countries from which replies were still due two months after a third reminder had been dispatched to them. (b) Consideration of general subjects 16. During the period covered, the Committee examined the following subjects of a general nature included in its programme of work- manual of documentation and procedures for goods originating in southern Africa; list of countries to which 20 or more notes concerning violations of sanctions had been sent; question of conflicting reports of " ember States on the origin of goods declared to have been imported from Southern Rhodesia: question of, and possible methods for, reviewing older cases more effectively; and expansion of sanctions against Southern Rhodesia. -'4-

(i) Manual of documentation and procedures for goods originating in southern Africa 17. As indicated in the seventh renort (S/11594/Rev.1, paras. 91-92) the Committee had before it a revised draft manual setting forth documentation and clearing procedures necessary to determine the true origin of goods produced in southern Africa, also known to be produced in Southern Rhodesia. The draft manual, intended for distribution to all States importing commodities from southern Africa, was therefore to be a refinement of the recommendations contained in the two notes by the Secretary-General of 18 September 1969 and 27 July 1971 relating to documentary proof of origin. During the discussions on this matter the Committee agreed upon the necessity to reconsider the recommendations contained in the above mentioned Secretary-General's notes regarding the type of documents issued by the authorities in the former Portuguese Territories, in view of the accession to independence by Angola and Mozambique. 4/ At the time of the writing of the present report, the Committee had not completed its consideration of the revised draft manual. (ii) List of countries to which 20 or more notes concerning violations of sanctions had beer sent 18. At the 273rd meeting, the Committee continued its consideration of the question of countries to which 20 or more notes concerning actual or suspected violations of sanctions had been sent. During the discussion, differences of opinion emerged as to the nature and the scope of the various notes sent out by the Committee and the purnose to be served by drawing up a list of countries receiving any number of such notes. Some members observed that included among such notes were mere reminders from the Committee. Others noted that it was only recently that the Committee had decided to send formal notes to States represented on the Cormittee. In view of such observations, the Committee decided to defer its consideration of this question until a later date. (iii) Question of conflictin7 reports of 14ember States on the origin of goods declared to have been imported from Southern Rhodesia 19. At the 278th meeting, the Committee considered the question of conflicting reports in connexion with those cases in which the United States Guvernment had reported imports of chrome ore, nickel and other materials from Southern Rhodesia aboard vessels which were registered in or belonged to nationals of, countries other than the United States. The replies received by the Committee had revealed two major areas of conflict between the information supplied by the United States and that supplied by the countries involved in shipping the goods in question, namely, the origin of the cargoes and, in some cases, the quantities imported. Other discrepancies had also been noted in connexion with the ports of loading and Unloading and with regard to the description of the transported goods. During the discussion, the United States queried as to why an American importer would claim that goods had originated in Southern Rhodesia if they had not and why the importer 4/ It may be recalled that Angola attained its independence on 11 November 1975 and Mozambique on 25 June 1975. The latter joined the United Nations on 16 September 1975 and announced on 3 March 1976 that it had imposed sanctions against Southern Rhodesia in accordance with the relevant decisions of the United Nations. Angola was admitted to membership of the United 'Nations on 1 December 1976. would falsify figures relating to the volumes of imports by overstating those figures. The Committee had not completed its consideration of the question at the time of the writing of the present report. (iv) Ouestion of, aO' possible methods for, reviewin' older cases more effectively 20. At the same meeting, the Committee examined the question of how it could deal with old cases in which, because of insufficient evidence, it had been unable to establish whether or not a breach of sanctions had occurred. As a first step, the Committee decided to have a list drawn up by the Secretariat, in consultation with the expert consultant, of cases going back more than two years where evidence submitted had been insufficient for the Committee to form an opinion. Secondly, it decided to review on the basis of that list, the status of such cases and to consider sending an appropriate note to Governments concerned indicating the following- that the evidence submitted had not enabled the Committee to decide whether there had been a violation of sanctions-, that the Committee would be pleased to receive any additional information which the Government might be able to supply on the case in question and that, until additional evidence was submitted, the case would be placed on a special pending list. (v) Expansion of sanctions against Southern Rhodesia 21. The Committee examined also further aspects of the question of expansion of sanctions on which, because of its significance, it decided once again to issue a special report to the Security Council in due course. B. Consideration of cases carried over from previous reuorts and new cases concerning Dossible violation of sanctions 22. During the period 16 December 1975 to 15 December 1976, the Committee continued examination of 74 cases of suspected violation of the provisions of Security Council resolution 253 (1968) establishin sanctions against the illegal regime in Southern Rhodesia listed in its eighth report (S/ll927/Rev.l vols. I and II). It also considered 58 new cases brought to its attention, including six cases of importatiof of chrome, nickel and other materials from Southern Rhodesia into the United States of America (USI-) and five cases that were opened on information supplied by individuals and non-governmental organizations (INGo-). The Committee also received information from Governments on actions taken by them to prevent violations or actions taken against violators. Furthermore, the Committee decided that 17 cases should be considered closed. 23. The present section covers those cases in which there have been particularly outstanding developments during the period under review. The fact that some cases are merely mentioned in passing or even omitted entirely from this concise analysis means only that the current inquiries being conducted by the Committee have not produced any new and decisive information up to the present time. 24. As was evident from the Committee's reports, a relatively large number of cases concerning sports activities inside and outside Southern Rhodesia were opened in addition to cases concerning industrial, commercial and financial transactions.

25. As a general practice) whenever the Committee receives what appears to be reliable information concerning possible violation of sanctions, it requests the Secretary-General to communicate it to the Governments concerned, so that in accordance with paragraphs 20 and 22 of Security Council resolution 253 (1968' . they might order investigations and take appropriate action, as well as provide tne Committee with any further information available to them. 26. 1henever the information transmitted in response to the Committee's request appeared insufficient, more details were requested, including copies of the commercial documentation submitted to the investigating authorities. In that regard, the Committee feels that it should receive copies of the documentation, as a matter of routine, of any investigated case, both for its own information and, when necessary, for transmission to other Governments potentially concerned. 27. In that connexion, the Committee again drew the attention of the Governments concerned to the fact that, in the prevailing circumstances, bills of lading and Chamber of Commerce certificates emanating from South Africa should not be regarded as sufficient proof of origin. The Committee noted with regret that certain Governments continued to allow the importation of cargoes solely on the basis of such suspect documentation. It recommended that the investigating authorities should seek additional documentation, in accordance with the suggestions contained in the memorandum on the application of sanctions of 2 September 1969, which had been transmitted to all Governments on 18 September 1969 (see S/9844/Rev.1, annex VI). 5/ 28. The complete information concerning cases of suspected violation of sanctions and additional information received by the Committee in response to its inquiries since the publication of its eighth report is contained in annexes II, III, IV and V. The information is briefly reviewed below. (a) General cases (i) Metallic ores, metals and their alloys 29. Concerning shipments of commodities in this category, the Committee pursued the study of seven cases already mentioned in its eighth report. It also examined nine new cases (Nos. 236, 239, 245, 246, 250, 265, 266, 269 and 270). Five of the new cases (Case Nos. 236, 239, 246, 265 and 266), based on information from the United Kingdom, arose from Case No. 171 (RISCO), which was the subject of a special report by the Committee to the Security Council (S/11597). 30. With regard to Case No. 153, the Brazilian Government in its reply to the Committee, indicated that investigations that were conducted in Brazil had failed to ascertain the exact origin of the ferrochrome due to the fact that no documents could be produced as evidence that the ferrochrome was of Southern Rhodesian origin. The Brazilian Government also indicated in Case No. 212, Gerd Wesch, that the consipnment of ferrochrome had originated from South Africa. 5/ Official Records of the Security Council_ Twenty.-fifth Year, Special SUO~ent os. and3A. .. -7-

31. Regarding Case No. 236, Trianon, the United Kingdom informed the Committee that a consignment of steel billets suspected to be of Southern Rhodesian origin had been shipped to the Netherlands. The information also indicated that the sale of the billets had been made by a firm of the Federal Republic of Germany, Klckner, AG, of Duisburg, acting through a Swiss intermediary, FemetcO, AG, of Zug. The Government concerned indicated that the shipment in question came from South Africa. In the same case, the Federal Republic of Germany informed the Committee that South Africa had been declared as the country of origin of this commodity and, consequently, the transactions were not subject to licensing. In addition, the authorities in that country had consulted the Institute of Geological Sciences and the British Steel Corporation as to whether the country of origin of such products could be ascertained by means of chemical analysis, and the reply had been that thiB was not possible nowadays as modern steel technology was designed to eliminate all unwanted inclusions in the production of a uniform composition. The Swiss Government, in its reply, stated that the concluding of contracts involving triangular transactions for the delivery of goods which were not to be shipped to or from Swiss territory was not subject to control by the Swiss authorities. 32. Concerning Case No. 269, Jupiter Sun, and Case No. 270, Frontier, the United Kingdom reported that consignments of ferrochrome shipped to Argentina might have been of Southern Rhodesian origin. The Argentine Government informed the Committee that the shipments in question were of South African origin, as reflected in the documents attached. 33. With regard to Case No. 239, the United Kingdom reported to the Committee a suspected consignment of steel billets shipped to Greece on the vessel Shinkai Maru, owned by the Uwajima Shosen KK of Japan. The information also indicates that the sale of the billets was made by Kl5ckner, AG, of Duisburg, a firm in the Federal Republic of Germany, acting through Femetco, AG, of Zug, Switzerland. Greece, in its reply, indicated that according to the ship's cargo manifest the billets were of non-Rhodesian origin but from South Africa. The United Kingdom indicated further that the vessel in question had been chartered by Arnhold, Wilhelmi and Co. (Pty), Ltd., of Johannesburg, South Africa and that the agent in Greece was Dile Shipping Co. Ltd., of Piraeus. The Government of Japan pointed out that the shipping company acted in the belief that the goods were of South African origin, while Switzerland and the Federal Republic of Germany gave replies similar to that mentioned in Case No. 236. 34. Three other cases of shipments of steel billets to E Salvador and Guatemala (Case No. 246), Turkey (Case No. 265) and Jordan (Case No. 266), alleged to be of Southern Rhodesian origin were reported by the United Kingdom. The arrangements for the sale of the steel billets were made by the same companies in the Federal Republic of Germany and Switzerland mentioned in two of the cases above (Case Nos. 236 and 239). The Government of El Salvador informed the Committee that the importation of steel does not require an official certificate of origin, but that, nevertheless, the firm of Kjlckner, AG, in the Federal Republic of Germany, from which the steel billets in question had been purchased, had stated that the products had come from South Africa. The Government of Guatemala stated that no steel billets of Southern Rhodesian origin had been imported into the country. The Government of Turkey said that its investigations had revealed no evidence that anY currency transfer had been made to any Southern Rhodesian firm; on the contrary, the letter of credit issued by the Central Bank of Turkey for the importation of 7,500 tons of steel billets by three Turkish firms had indicated the Federal

Republic of Germany to be the origin of the purchases and of the currency transfer. The Federal Republic of Germany had subsequently declared the origin of the steel products to be South Africa. Jordan informed the Committee that no licence had been issued for the importation of steel billets from Southern Rhodesia. Horeover, it could not possibly find out if the merchandise imported from certain countries had been originally manufactured in another country as long as the merchandise was accompanied by a legal certificate of origin of the exporting country. 35. In all these and other cases arising from Case No. 171 (RISCO), the Committee decided to request the Federal Republic of Germany to provide additional and more conclusive evidence apart from the certificates of origin issued by the Lower Rhine Chamber of Industry and Commerce, that the steel products had actually come from South Africa. A summary of those cases involving Switzerland would be made, which would serve as a basis for a special note to that country. The Committee also decided to seek information from Mozambique sources, particularly through the co-operation of the United Nations resident representative in that country, as to what extent, if at all, it was normal practice to channel through the port of Maputo for export steel products manufactured in South Africa. 36. A new case was opened by the Committee concerning the supply of aluminium by the Belgian company Socifte industrielle de l'aluminium, SA of Duffel (Case No. 250). The Belgian Government, in its reply, indicated that the investigation revealed no irregularities with regard to the Belgian regulations on exports to Rhodesia. 37. No further information was received concerning the other cases in this category mentioned in the Committee's reports. (ii) Mineral fuels 38. No new case concerning suspected transactions in mineral fuels has been submitted to the Committee since its eighth report. (iii Tobacco 39. During the period under review, the Committee examined four cases already mentioned in its eighth report (Case Nos. 156, 196, 202, and 207), and two new cases concerning tobacco were brought to the attention of the Committee (Case Nos. 262 and 281). Regarding Case No. 207, the Belgian Government indicated in its reply to the Committee in September 1976 that the investigation conducted by the authorities uncovered no irregularities with regard to the Belgian regulations on imports from Rhodesia. With regard to Case Wo. 196, the Government of the Netherlands informed the Committee that the Rotterdam firm Koninklijke Nedlloyd, BV, the owner of the vessel 1V Streefkerk, was awaiting a final Judgement by the Supreme Court. In relation to the vessel MV Swellendam, that Government indicated that the certificates of origin submitted to the investigating authorities had been issued by the Malawi Tobacco Control Commission, the Associaco Commercial da Beira and the British Consul at Beira. Accordingly, the Committee requested the Governments of Halawi and the United Kingdom to verify the certificates of origin in question. -9-

40. With regard to Case No. 202, the Committee discussed the matter at its 275th meeting and decided that further information and documentation should be requested from the Norwegian Government to confirm the declarations of some of the certificates of origin previously submitted by that Government. In Case No. 262, the United Kingdom Government informed the Committee that the Portuguese vessel, Pereira d'Eca, owned by the Companhia Portuguese de Transportes ilaritimos Sarl (CkJI), had loaded at Beira a consignment of some 2,300 cases of tobacco weighing approximately h50 tons supplied by Tradimpex (Pt), Ltd., and Agrisales (Pvt), Ltd., both of Southern Rhodesia, for shipment to Portugal. A reply is still awaited from the Government of Portugal. Regarding Case No. 281, the United Kingdom Government informed the Committee that Michelle Enterprises (Pvt), Ltd., of Salisbury, a Southern Rhodesian trading agency, was conducting regular trade with state trading organizations in the USSR, Czechoslovakia, Romania, Bulgaria and the German Democratic Republic. The information indicated that Michelle Enterprises (Pvt), Ltd., exported tobacco and other agricultural commodities from Southern Rhodesia and, in turn, imported chemicals, metals and agricultural requirements from Eastern Europe. The trade was reputedly conducted via three Swiss companies, Comaisa, SA, Tobatrade, SA and Centrex, SA, all based in Geneva, which existed solely to provide a seemingly legitimate cover for a major sanctions-breaking operation. The representatives of Romania and the USSR made statements in the Committee in which they categorically denied that any such trade existed with the trading organizations in their countries. At the time of preparation of the present report the Committee was still considering what further action to take. (iv) Cereals 41. Since the eighth report, no new case of cereal transactions has been opened. The Committee continued examination of two cases (Case Nos. 12h and 125) already reported upon. The Government concerned, Venezuela, indicated in the two cases that the imports of maize included no shipments from Southern Rhodesia. Other cases are still pending. (v) Cotton and cotton seeds 42. During the period under consideration, no new case concerning suspected transactions in cotton and cotton seeds has been brought to the Committee's attention. (vi) TIeat h3. No new case of meat transactions has been opened since the submission of the eighth report. The Committee continued examination of Case Nos. 61 and 183 ana decided that Case No. 183 should be considered closed. In Case No. 61, the Chairman of the Committee met with the Permanent Representative of Gabon, who subsequently sent a reply indicating that for several months Gabon had been holding talks with other African countries with a view to obtaining alternative sources of its supply of meat. Case No. 154, Tango Romeo, which concerns the activities of two airline companies and their aircraft, is referred to in chapter IV of the present report. It is mentioned here because the main cargo of those aircraft when departing from Southern Rhodesia is reported to consist of meat and meat products. -10-

(vii) Sugar 44. No new case of suspected violation in this field has been submitted to the Committee. (viii) Fertilizers and ammonia 45. Case No. 113, already reported in the eighth report, is still under active consideration. Replies were received from more Governments which the Committee had requested to explore the possibility of influencing their nationals on the Board of Directors of Nitrex, AG, of Switzerland against the sanctions- violating activities of that company. The Federal Republic of Germany replied that one of its nationals was no longer on the Board and that it was exploring the possibility of approaching the other national in the light of the Foreign Trade Ordinance of the Federal Republic of Germany. The Government also stated that its investigations had revealed no violations of sanctions by the two companies in the Federal Republic, BASF and Farbwerke Hoechst, AG, previously reported by that Government to be among the co-owners of Nitrex, AG. The Italian Governpment informed the Committee that the authorities had established that the Italian national was not a member of the Board of the said company but only a technical expert, with no policy-making influence. The Government of France pointed out that it could not be held responsible for the activities of its nationals abroad. The Norwegian Government said that the company concerned, Norsk Hydro, A/S, had informed the authorities that it had not been involved in the objectionable transaction by Nitrex, AG, and had no possibility of influencing Nitrex, AG. Yo new case of fertilizers and ammonia transaction has been reported to the Committee during the period under consideration. (ix) Machinerv 46. Since the submission of the eighth report, the Committee considered three new cases of suspected violation of sanctions involving replacement equipment for steel processing plants in Southern Rhodesia (Case No. 238), supply of machine parts to Southern Rhodesia (Case No. 256) and an industrial sewing machine from Japan (Case No. 267). The Committee decided to close Case Nos. 189, 209 and 238. 47. With regard to Case No. 170, the Federal Republic of Germany reported to the Committee that non-appealable fines had been imposed on the firm Johann M. Rockelmann, KG, Eschwege, for the export of spare parts and accessories for the textile industry to Southern Rhodesia. The proceedings against another firm had not yet been concluded. 48. Concerning Case No. 221, the Belgian Government informed the Committee that, on the basis of the information provided by the United Kingdom, the investigations by the Customs and Excise Department had discovered no irregularity in the operation of the Belgian company, Electrothermil Philips- ACEC, SA, of Herstal. At the 281st meeting, the representative of the United Kingdom gave additional information concerning the case, which the Committee decided to transmit to the Belgian Government with a request that further investigations be undertaken. 49. Regarding Case No. 256, the Spanish Government, in its reply, pointed out that the Medinabi firm maintained no regular business with, nor had it exported -11- any of its products to Southern Rhodesia. The other case recently opened (Case No. 267) deals with an industrial sewing machine allegedly supplied by a Japanese firm, Elize Incorporated, of Osaka, to Southern Rhodesia. The Japanese Government informed the Committee that the machine in question had been shipped back to a consignee in Port Elizabeth, South Africa, after necessary repairs in Japan. (x) Transport equipment 50. The Committee pursued the examination of seven cases already reported in the eighth report, and no new case of suspected violation of sanctions has been brought to its attention during the period under review. Regarding Case No. 173, Daphn6, the Government of Portugal, repeating its earlier information that two Toyota motor vehicles shipped to Beira from Japan had been delivered to a consignee in Southern Rhodesia, stated: "It is unnecessary to underline that, Mozambique having acceded to independence on 25 June 1975, such incidents shall not again occur under the responsibility of the Portuguese Government. This same circumstance prevents the Portuguese Government from furnishing further information regarding this case beyond that already transmitted previously." Concerning the same case, the Committee sent notes to the Governments of Japan and Sweden drawing their attention to the information given by the Government of Portugal that two of the Toyota cars had actually been delivered to Southern Rhodesia. A reply was received from Japan reaffirming that on the basis of the thorough investigation of the case, none of the consignments of vehicles in question was destined for Southern Rhodesia. 51. In connexion with Case No. 232 (also covered by Case Nos. 154 and INGO-9) concerning the acquisition of DC-8 aircraft by Southern Rhodesia, the Chairman of the Committee met with the Permanent Representative of Gabon and discussed with him the case in question. Consequently, a reply was received from Gabon stating that the aviation company - Compagnie gabonaise d'affr~tements aeriens (Affretair) - operating the said aircraft had been dissolved. For additional information concerning this matter see paragraph 59 below. (xi) Textiles anr related products 52. No new case concerning suspected transactions in textiles and related products has been submitted to the Committee since its eighth report. (xii) Sports activities and other international competitions 53. The Committee pursued the study of 20 cases of sports activities and other international competitions already mentioned in its last report and opened 23 new cases (Case Nos. 235, 237, 240, 241, 242, 244, 248, 249, 251, 252, 253, 254, 255, 257, 258, 260, 264, 268, 271, 277, 278, 279 and 280). More informatin on these cases may be found in chapter I, section C, of the present report. In view of the large number of sports events involving Southern Rhodesians which are brought to the attention of the Committee through published sources and of the fact that such activities would certainly be considered contrary both to the spirit and intent of Security Council provisions establishing mandatory sanctions -12- against the illegal r~gime, the Committee decided to pay particular attention to sports cases of a representative nature. The Committee decided to close nine cases (Case Nos. 174, 215, 223, 225, 226, 228, 231, 240 and 241) on the basis that such sports activities were of a personal and not a representative nature, as well as not involving any breach of sanctions regarding the transfer of funds. (xiii) Bank5ng, insurance aucO other related facilities 54. During the period under review, the Committee pursued the consideration of five cases concerning the above activities already reported in the eighth report (Case Nos. 163, 171, 176, 203 and 208) and decided that Case No. 176 should be closed. It should be noted that Case No. 171 is still under active consideration. In particular, the Committee was informed by Austria that the evidence obtained from the witness recommended by the Research Group for Interparliamentary Questions, a non-governmental organization in the Federal Republic of Germany, had not revealed anything new or different from the information already submitted to the Committee by that Government. Subsequently, the Committee received a letter from the Research Group, enclosing a notarized testimony, made independently by the witness, which appeared to be at variance with the information received from Austria. The Committee decided to transmit the letter and the testimony to Austria, requesting the Government's comments thereon. A reply is still awaited from the Government. No new case of suspected violation of sanctions in this field has been submitted to the Committee since the eighth report. 55. With regard to Case No. 163, a Swiss company loan to Rhodesia Railways, the Swiss Government, in its reply to the Committee's inquiries, indicated that the Federal authorities had interviewed Mr. Egli, President of the Board of Directors and owner of the company Industrie-Maschinen Zurich, AG, who gave them formal assurances that the company had never agreed to, nor was in any way prepared to make, a loan of US 6 million or thereabouts to Southern Rhodesia. It was indicated further that in the absence of new and specific information or evidence, the Swiss authorities were unable to reopen their investigation. The Committee decided to request further clarification from Switzerland as to whether any loan of that amount had been given by the Swiss firm concerned to anyone, not necessarily a Southern Rhodesian, at that relevant time. Concerning Case 'To. 203, the Austrian Government stated that investigations had revealed that the firm Simmering-GrazPauker, AG, did not maintain any business relations with Southern Rhodesia. 56. In Case No. 208, concerning a financial loan to a Southern Rhodesian company, the Federal Republic of Germany pointed out in its reply to the Committee, that the Commerzbank International Societe Anonyme, Luxembourg, was not a branch of the German Commerzbank, AG, but a stock company incorporated under Luxembourg law and subject solely to the banking supervision of the Grand Duchy of Luxembourg. It was indicated further that investigations of the bank in question gave no indication of the financing of a loan to a Southern Rhodesian company or to the Union Acceptances, Ltd., of Marshall Town, Johannesburg, respectively. The Government of Luxembourg said that careful consideration of possible action in that connexion had led to the conclusion that no other legal steps could be contemplated. -13-

(xiv) Tourism ard other related matters 57. One new case concerning tourism and other related matters has been submitted to the Committee (Case No. 275, visit to Southern Rhodesia by travel agents from the United States of America). The Committee also pursued the examination of five cases already indicated in the eighth report (Case Nos. 143, 190, 194, 213 and 227). In Case No. 227 concerning advertisements by Thomas Cook, Inc., of Southern Rhodesia, that persons using Southern Rhodesian passports would be accepted in Greece, Portugal and Switzerland as tourists, Greece reaffirmed that it admitted no such persons and Switzerland stated that the Swiss authorities did admit holders of Southern Rhodesian passports into Switzerland. A reply is still awaited from Portugal. Additional information on cases related to tourism may be found in chapter V below. 58. Regarding Case No. 213, the Government of Malawi, in a note dated 27 September 1976 informed the Committee that air services between Malawi and Southern Rhodesia were no longer operational and that external trade links, too, had been severed. (xv) Other cases 59. Regarding other cases of possible violation of sanctions not listed under specific headings, the Committee opened nine new cases (Case Nos. 243, 247, 259, 261, 263, 272, 273, 274 and 276). The Committee also pursued the examination of Case Nos. 133, 154, 159, 201, 210, 214, 218 and 233, referred to in the previous report, and decided that Case Nos. 133 and 272 should be considered closed. In Case No. 159, the Committee decided at its 271st meeting to send a note to Spain requesting further information on the case, as well as assurances that the Spanish company concerned had not exported any cardboard containers to Southern Rhodesia. A reply is still awaited from Spain. Concerning Case Nos. 201 and 214, reference should be made to chapter II, section B, of the present report. In Case No. 210, the Government of Israel affirmed that no exportation of any items of equipment had been made from Israel to Southern Rhodesia, and in Case No. 233, the same Government stated that there was no basis for the allegation that Marex East Company, Ltd., of Israel had supplied chemical substances to Southern Rhodesia. Regarding Case No. 218, the Chairman of the Committee met with the Permanent Representative of Spain and discussed with him the case in question. Subsequently, a reply was received from Spain giving a list of the names of the Southern Rhodesian businessmen who had attended the Twenty-fifth Annual International Congress of Chambers of Commerce in Madrid from 15 to 22 June 1975. In Case No. 154, the Chairman of the Committee met with the Permanent Representatives of the Governments with outstanding replies and discussed with them the said case. Subsequently, a reply was received from Gabon indicating that the aviation company Affretair had been dissolved. For additional information concerning this case see chapter IV, section A, below, and annex I to the present report. (b) Cases opened on the basis of information supplied by individuals and non- governmental organizations (Case No. INTGO-...) 60. The Committee has opened five new cases on the basis of information supplied by individuals and non-governmental organizations: Case No. INGO-13, mining operations in Southern Rhodesia by Canadian-owned companies; Case No. INGO-14, export of military aircraft to Southern Rhodesia by New Zealand; Case No. INGO-15, Irish hockey team tour in Southern Rhodesia; Case No. INGO-16, acquisition of military aircraft and spare parts from New Zealand by Southern Rhodesia; Case No. INGO-17, supply of oil and oil products to Southern Rhodesia. It also continued the examination of six cases already reported upon in the eighth report (Case Nos. INGO-4, INGO-7, INGO-9, INGO-IO, INGO-11 and INGO-12) and decided that Case No. INGO-16 should be considered closed. The Committee noted that some of the most important cases before it had been opened on the basis of information supplied by non-governmental organizations. The Committee, therefore, expressed its appreciation for the contribution from such organizations and noted the importance of the need to maintain that co-operation in the future. (c) Imports of chrome, nickel and other materials from Southern Rhodesia into the United States of America (Case No. USI-...) 61. The Committee pursued the examination of 10 cases of importation of Southern Rhodesian chrome, nickel and other related materials into the United States of America already reported upon in the previous report. It also opened seven new cases during the period under review. Those transactions had occurred with the knowledge of the United States Government in conformity with legislation (so- called Byrd amendment) that had become effective on 1 January 1972. The information in question is regularly provided to the Committee on a voluntary basis by the United States representative. 62. During the period covered, the Committee received the following communications from the United States Mission to the United Nations regarding shipments of ferrochrome, chrome ore, asbestos fibre, nickel cathodes and silicon: (i) A letter dated 14 November 1975 transmitting a report on 17 shipments imported into the United States from Southern Rhodesia during the period 1 July 1975 to 30 September 1975. Those shipments, which had a total weight of 37,062 short tons, had been transported aboard vessels registered in Panama (3) and the United States (7). (ii) At the 277th meeting of the Committee on 3 August 1976, the representative of the United States submitted a report on 21 shipments imported between 1 October 1975 and 31 December 1975. Those shipments, which had a total weight of 74,743 short tons, had been transported aboard vessels registered in Pakistan (2) and the United States (11). (iii) A letter dated 10 September 1976 transmitting a report on 23 shipments imported during the period 1 January through 30 June 1976. Those shipments, which had a total weight of 45,607 short tons, had been transported aboard vessels registered in Greece (1) and the United States (12). 63. The Committee examined the reports and decided that, in view of the need of keeping the international community regularly informed, it should, as in the past, make public the information thus received. Accordingly, press communiques were issued on 30 December 1975, 24 August 1976 and 28 September 1976, respectively, containing the names of the carriers, their country of registry and other particulars contained in the United States reports. -15 -

64. The Committee, in accordance with the practised procedure, decided that the attention of the countries of registry of the vessels involved should be drawn to the illegal transactions. It therefore asked the Secretary-General to request the Governments concerned to investigate the circumstances in which cargoes of Southern Rhodesian origin, the carriage of which is prohibited by paragraph 3 (c) of Security Council resolution 253 (1968), were shipped aboard vessels under their registry. 65. Details of these cases of imports into the United States, including the replies received from Governments, can be found in annex III to the present report. Given the fact, however, that in the cases under review conflicting reports as to the origin and quantity of the goods transported have been received from other countries, the nationals of which had been involved in the same transactions, it may be useful to mention here the substance of some of the replies received from other Governments. 66. In Case No. USI-5 concerning the vessel Hellenic Leader, the Greek Government informed the Committee that Captain Constantinos Xyngakis, son of Georgios, had been acquitted by the Court of Piraeus on the ground that the cargo had been transshipped from another vessel and that the shipping and transportation documents handed over to the captain of the said vessel did not mention the origin of the cargo; accordingly the captain had not known the origin of the said shipment. No further information concerning the other two vessels, North Highness and Ocean Pegasus, has been received since the publication of the Committee's eighth report. 67. In Case No. USI-39, Safina-E-Rehmet, the Committee sent a note of appreciation to Pakistan for the thorough and prompt investigations, as well as for the measures undertaken by the Government to ensure that Pakistani ship owners do not repeat in the future incidents of this nature. 68. In Case No. USI-40, Nedlloyd Kingston, the Netherlands Government stated in its reply that it was unable to comply with the request of the Committee to submit to it copies of the documents with regard to the transport of the aforementioned cargo. Those documents contained company data which were the property of the shipping company Nederlandse Scheepvaart Unie and under Netherlands legislation Dutch companies could not be compelled to make public such data. The case is still under active consideration. 69. In Case Nos. USI-41, Ogden Missouri, USI-h2, Platte, and USI-43, Great Faith, the Panamanian Government indicated in its reply that the vessels were still under investigation to determine whether any penalties should be imposed by the authorities concerned. In this connexion, the legal representatives of the third vessel claimed that the goods were not of Southern Rhodesian origin and, accordingly, the matter has been placed under "conflicting reports" by Member States to be discussed by the Committee under "general subjects". 70. In Case Nos. USI-h4, Kaderbaksh, and USI-45, Ocean Envoy, the representative of Pakistan stated at the 280th meeting that his Government had taken a serious view of the incidents and that the concerned shipping companies had been directed to adopt a policy of excluding way ports - even if, by doing so, Pakistan would incur substantial losses on the outward passage - in order to avoid the likelihood of any such incidents recurring in the future. Investigations had also been instituted by Pakistan to establish why due care had not been exercised to ascertain the origin of the cargo by the masters of the ships. Also, suitable action would be taken against the person or persons found responsible for the negligence resulting in a breach of the import policy of Pakistan. 71. No new information regarding the other cases in this category has been submitted to the Committee since the eighth report. C. Other actions taken by the Committee to promote the implementation of sanctions (a) Sports activities involving participants travelling to and from Southern Rhodesia 72. After the Committee decided to extend the semi-automatic procedure to information gathered from published sources concerning sports events (eighth report, S/11927/Rev.1, para. 16), several sports cases were opened. The cases involved individuals and organized teams travelling to and from Southern Rhodesia for the purpose of participating in international sports activities. The Committee expressed great concern at the possible benefits that such sports contacts might bring to the illegal regime. With regard to the individual participants, the Committee noted that many Governments, in replying to its customary inquiries, expressed either great administrative difficulty or lack of legal capacity under their national constitutions to prevent the admission into their territories of sports participants not using Southern Rhodesian passports or to control the travel arrangements abroad by their nationals, by which such travellers, in their private capacity, might ultimately end up in Southern Rhodesia. 73. At the 269th meeting, as already indicated in section A (a) above, the Committee decided henceforward to concentrate on international sports activities involving individuals or organized sports groups acting in a nationally representative capacity. Nevertheless, the Committee also decided to bring the matter to the attention of all Member States in a note dated 17 July 1976, in which it set forth its views on the whole question of sports activities and renewed its appeal for any effective measures that the Governments might be able to take in order to discourage such activities. The substantive part of that note is reproduced below: "At its 268th meeting on 5 May 1976, the Committee considered the general question of international sports activities involving Southern Rhodesia. It noted that to date it had received numerous reports and had opened several cases concerning sports activities in which individuals and organized teams travel abroad from Southern Rhodesia or those from abroad travel to Southern Rhodesia for the purpose of participating in international sports activities there. Participation in such activities is particularly regarded with grave concern when national teams or teams of a representative nature are involved. Even if such travel and participation are claimed to be undertaken in a private capacity, it may sometimes accord representative status to the participants involved. Moreover, the mere presence in Southern Rhodesia of individuals or groups in any capacity may entail a transfer, directly or indirectly, of funds to that territory. In that case a clear violation of Security Council resolution 253 (1968), by which the Security Council imposed mandatory sanctions against the illegal regime, would occur. -17-

"The Committee is also aware that Southern Rhodesia continues to enjoy membership of a number of international sports organizations. Where its membership has been abrogated or suspended, the illegal regime very often undertakes strenuous efforts to be reinstated. "Bearing in mind the spirit and intent of Security Council resolution 253 (1968), the Committee considers that such participation and membership, apart from the possibility of being contrary to the relevant provisions of Security Council resolution 253 (1968), tend to enhance the status and promote the international recognition of the illegal regime. It has, therefore, on various occasions, appealed for international co-operation to frustrate such efforts by the illegal r6gime and to effect the expulsion of the regime from international organizations. It is in this connexion that the Committee has decided to renew its appeal to His Excellency's Government in the earnest hope that the Government would again draw the matter to the attention of all sports associations within its jurisdiction that belong to international federations. The Committee would also greatly appreciate any effective measures by the Government aimed at discouraging individuals or organized sports groups, acting in a nationally representative capacity, from travelling to Southern Rhodesia. Furthermore, the Committee recalls that the entry of any individuals or sports groups travelling on Southern Rhodesian passports into the country, for the purpose of participating in international team events there, is forbidden." 7h. Acknowledgements to that note were received from Sweden (19 July), Panama (21 July), Trinidad and Tobago (23 July) and Burma (3 August), and substantive replies were received from Brazil (4 August), Surinam (10 August), Mauritania (10 August) and Ghana (8 September), all of which reaffirmed the Government's support of the measures established against the illegal regime in Southern Rhodesia, including all the provisions of Security Council resolution 253 (1968). Canada (21 September) said that the matters raised in the note did not require any amendment to the Canadian Rhodesian regulations; Australia (2 November) said that the Government prohibited the entry of individuals or members of sports teams, whatever passports they used, who purported to represent Southern Rhodesia or were known to have furthered the unlawful actions of the rebel r6gime - accordingly, the Government had so advised Australian sports associations and expected them to take note of the Government's position. 75. The Committee also decided that the expert consultant should be requested to make a study of all aspects of sports activities - political, economic and organizational - involving Southern Rhodesia. By a note dated 10 November 1976, the expert consultant submitted his report to the Committee. At the time of preparation of the present report, the expert's report was still under consideration by the Committee. 76. An account of the consideration of the sports cases by the Committee and detailed information on each of them are given in section B above and in annex II to the present report. (b) Publication of lists of Governments failing to respond to the Committee's inquiries within the prescribed period of two months 77. In accordance with the recommendations contained in paragraph 18 of its second -18- special report (S/10920), which was adopted by the Security 333 (1973), the Committee has continued to publish lists of to respond to its inquiries within the prescribed period of publication of the eighth report, three new lists have been 6 April 1976, 13 August 1976 and 15 December 1976. Council in resolution Governments that fail two months. Since issued: on 78. At the time of preparation of the present report replies were overdue and still awaited from Belgium, Colombia, Liberia, Liechtenstein, Portugal, South Africa, Zaire and Zambia. Additional measures taken by the Committee and subsequent developments arising therefrom have already been described in paragraph I above with regard to Governments failing to reply even after three reminders. -19-

CHAPTER II ACTIONS TAKEN BY GOVERNMENTS IN IMPLEMENTATION OF SANCTIONS A. Actions taken by Governments either independently or with respect to specific cases in response to inquiries addressed to them by the Committee 79. During the period under review, the Committee continued to receive information concerning a number of legal actions and other measures taken by Governments, either in direct response to inquiries addressed to them by the Committee or on their own initiative, in implementation of the sanctions against the illegal r6gime. The information concerning such specific cases and incidents is summarized below: (a) In Case No. INGO-4, which deals with Air Rhodesia and IATA agreements, the Committee received information from Botswana (note dated 13 January), Greece (23 January), Cyprus (13 February and 29 April) and Brazil (27 February) that the national airlines of those countries had withdrawn from multilateral interline agreements with Air Rhodesia. (For the action taken by Malawi see (m) below.) This information is additional to that already reported by the Committee in its eighth report (S/11927/Rev.l, para. 94). (b) In February and April 1976 Pakistan informed the Committee that it had imposed restrictions on -a Pakistani squash player (Case No. 223) and on a Pakistani cricket player (Case No. 226) who had travelled to Southern Rhodesia and participated in sports activities there. The restrictions prohibited the squash player from engaging in any recognized future squash championships as a Pakistani player and permanently barred the cricket player from playing the game in or for Pakistan. Also, in three cases involving the import of chrome, nickel and other materials from Southern Rhodesia by the United States (USI-39, USI-44 and USI-45), Pakistan informed the Committee that on account of Pakistani vessels having been used in those three cases, the Government had issued special instructions to shipowners, under section 7 of Pakistan's Control of Shipping Ordinance, 1959, which were designed to ensure non-future carriage of commodities from Southern Rhodesia aboard vessels of Pakistani registration. (c) By a telegram dated 10 March 1976, Mozambique informed the Security Council that as of 3 March 1976 Mozambique had decided to apply fully the sanctions against Southern Rhodesia and that it had consequently closed its border with that Territory. The action taken by Mozambique, which was welcomed by the Committee, was subsequently the subject of consideration by the Security Council, resulting in Security Council resolution 386 (1976) and in the Secretary-General's report (E/5812 and Corr.l and Add.l) as well as the report of the Economic and Social Council on assistance to Mozambique (A/31/266). (d) By a note dated 2 April 1976, the United Kingdom reported a successful prosecution against CZ Scientific Instruments, Ltd., a United Kingdom company given as a subsidiary of VEB Carl Zeiss Jena, of the German Democratic Republic, -20- for supplying or delivering goods, knowing them to be destined for Southern Rhodesia. The United Kingdom company, which pleaded guilty, had been fined £5,000 and ordered to pay £200 prosecution costs, and a sales manager of the company was fined £250 or three monthsI imprisonment in default of payment. (e) In a note dated 20 April 1976, the Federal Republic of Germany reported that an appeal by the firm Ascalia GmbH of Hamburg against a fine of DM 3,000 having been found guilty of exporting various chemicals to Southern Rhodesia between January 1969 and August 1970 had been dismissed by the Hanseatic Higher Regional Court in Hamburg* (f) At the 267th meeting on 28 April 1976, the representative of the United States informed the Committee that four individuals, all members of the Board of Directors of the Military Supply Agency, Inc., had been convicted by a United States Federal Court in California for illegally importing into the United States statuary from Southern Rhodesia. Two of the men had been sentenced to three yearst probation and a fine of $1,000, a third to two years' probation and a fine of $1,000, and the fourth to three yearst imprisonment and a fine of $2,000. The company itself had been fined $10,000. (g) On 17 June 1976 the Office of the Permanent Observer of Switzerland to the United Nations transmitted the text of a press statement made at Berne on 10 June 1976 by two Swiss officials: the deputy head of Political Office II of the Federal Political Department and the head of the Africa Section of the Division of Commerce. The statement indicated that Switzerland was in the process of reviewing its external trade with Southern Rhodesia in view of the adverse image suffered by Switzerland, particularly among the African countries. (h) At the 274th meeting on 2 July 1976 the representatives of the United States informed the Committee that the United States authorities had issued an indefinite denial, for a period not exceeding 10 years, of all export privileges against Captain K. J. E. Gahagan and Rotavia (Pty) Ltd., of Johannesburg, South Africa, and Salisbury, Southern Rhodesia, for having failed to respond to interrogatories, or to show good cause for not doing so, with regard to a Bell helicopter exported from the United States to South Africa which might have been ultimately diverted to Southern Rhodesia. (i) In July the Committee learnt, and Gabon later confirmed in a note dated 25 September 1976, that Affretair, the airline that was forrerly registered in Gabon and said to have been owned by Southern Rhodesian interests (Case Nos. 154, TnoRmeo, 232 and INGO-9) had been dissolved and incorporated into the national airline, Air Gabon. Previously Gabon had informed the Committee that it had required Affretair to establish its headquarters in Gabon as a means of facilitating Gabonese control over its activities. The Committee is at present awaiting further information and clarification from Gabon regarding reports that the Government had given compensation to the former owners of Affretair. For other information concerning this matter see paragraph 59 above. () In Case No. INGO-l4, which was brought to the Committeets attention through non-governmental sources, New Zealand reported that, after being convinced of the authenticity of the information from those sources, as also confirmed by a statement by the United Kingdom Government, the New Zealand Government had decided to deny an export licence to a New Zealand firm that would have enabled the firm to -21- export 14 air-trainer aircraft to Southern Rhodesia through a spurious intermediary company in Switzerland. Switzerland also informed the Committee independently and unilaterally that it had taken measures to alert the New Zealand authorities and to foil the activities of the Swiss company during the early stages of the prospective transaction. (k) In its reply concerning Case No. 219, New Zealand reported that the Government had declined to give an undertaking requested by the New Zealand Golf Association that Southern Rhodesian players would be permitted to enter the country to participate in two international golf tournaments. As a consequence, New Zealand had been barred from hosting the tournaments concerned. In the same case, Australia informed the Committee that the Australian delegation had voted in favour of the exclusion of Southern Rhodesia from the Davis Cup competition for 1977. (1) By a communication dated 6 August 1976, the Federal Republic of Germany informed the Committee that, following a routine external audit of the company Gossen GmbH of Erlangen in July 1975, the company had been found to have illegally exported to Southern Rhodesia between January 1973 and July 1975 electric and electronic exposure meters and accessories worth DM 13,422. A non- appealable fine of DM 1,000 had been imposed and paid by Hans-Joachim Hoeck, the company's manager of the exposure meters distribution section. (i) In a letter dated 27 September 1976, following the Chairman's personal contact with him, the Permanent Representative of Malawi informed the Committee, with regard to Case Nos. 213 and INGO-4, that air services between Malawi and Southern Rhodesia were no longer operational and that external trade links with the illegal regime had been severed, actions that he said had placed Malawils economy in a serious situation. (n) Further to the information given in the eighth report (S/11927/Rev.1, para. 62 (e), Case No. 196), the Netherlands reported that a higher court had, in fact, reversed the judgement against the Netherlands importing and forwarding company. In turn, the Netherlands authorities had further appealed against that acquittal, and a final judgement was still awaited from the Appeals Court of Amsterdam. (o) Further to the eighth report (S/11927/Rev.l, para. 62 (a)), the Federal Republic of Germany informed the Committee, in a note dated 12 October 1976, that non- appealable fines of several thousand deutsche marks had been imposed upon another firm, Johann M. Rockelmann, KG, Eschwege, for exporting spare parts and accessories for the textile industry to Southern Rhodesia (Case No. 170). The Committee is presently awaiting additional information from the Federal Republic of Germany regarding the outcome of the court proceedings against the third firm reported by the Federal Republic to have also been involved in the case. (p) In response to the Committee's request indicated in the seventh report (S/11594/Rev.1, para. 71) and consequent upon the Chairman's personal contact with the Portuguese authorities (see para. 14 above, and the Chairman's report in annex I to the present report), Portugal stated, in a note dated 14 October 1976, that the new Government of Portugal, which had come to power after the revolution of 24 April 1974 and had brought independence to all the African Territories formerly under its administration, accepted the obligatory nature of the system of sanctions imposed against the illegal r~gime in Southern Rhodesia. That position, -22- the note recalled, had been reiterated by the former Minister for Interterritorial Co-ordination in the new Government in his speech before the Special Committee on the Situation with regard to the Implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples at its meeting in Lisbon in June 1975, as well as in the statement made in the Fourth Committee of the General Assembly by the Portuguese delegation to the thirtieth session of the General Assembly. B. Transactions conducted with the consent or knowledge of reporting Governments 80. At the beginning of the period covered by the present report, the Committee had under active consideration three cases of transactions conducted with the consent or knowledge of reporting Governments. Those cases were: Danish trade with Southern Rhodesia (Case No. 201), Swiss trade with Southern Rhodesia (Case NTo. 214) and the case of importation by Austria of handicrafts from Southern Rhodesia. Since then, two such old cases, i.e., Case 1%To. 133, expert of medical equipment from Sweden to Southern Rhodesia, and. the case of the export of used clothes from Sweden, were reactivated, while three new such cases were opened by the Committee: Federal Republic of Germany trade with Southern Rhodesia (Case No. 243), export of powdered milk from Switzerland to Southern Rhodesia (Case Tlo. 272), and the case of the supply of dental equipment from Sweden to Southern Rhodesia. 81. Case Nos. 201, 214, 243 and the case of the dental equipment were based on the foreign trade figures returned periodically by the Governments concerned pursuant to a request made to such Governments under Security Council resolution 232 (1966). The Committee accepted Denmark's explanation that the bulk of its trade with Southern Rhodesia during January-September 1974, amounting to DKr 419,000 of exports, had been conducted under humanitarian considerations. The Committee postponed its decision with regard to the country's cumulative trade figures returned so far for 1976 until the total for the year was compiled. The Committee also accepted the humanitarian explanation for the transactions conducted in, and concluded its consideration of, Case Nos. 133, 272, the ctse of the used clothes, the case of the supply of dental equipment and the case of the importation by Austria of handicrafts from Southern Rhodesia. 82. In Case No. 214, the Committee noted that the volume of Swiss trade with Southern Rhodesia during 1975 had totalled about "US 10 million, 6/ consisting of nearly SUS 7.5 million of Swiss imports and 6US 2.5 million of exports. The Committee expressed its concern at the high level of imports, far in excess of the average for 1964, 1965 and 1966 (about US 4 million) voluntarily undertaken by Switzerland not to be exceeded annually. It also expressed its concern about the high level of exports about which no firm undertaking had yet been received from Switzerland. At the time of preparation of the present report, the Committee was awaiting Switzerland's comments on the matter, as well as any similar undertaking by that Government in connexion with Swiss exports to Southern Rhodesia. 61 The equivalent values given in United States dollars in this and the next paragraphs should not be taken to indicate that the trade was necessarily conducted. in that currency. -23-

83. With regard to Case 111o. 243, the Committee noted that the Federal Republic of Germany's volume of trade with Southern Rhodesia for 1975 had totalled nearly ,US 3.1 million, of which exports to Southern Rhodesia had amounted to nearly QUS 2.5 million; of those exports, motor vehicles and spare parts had accounted for !.US 39,000 and petroleum products for "'US 101,000. The Federal Government informed the Committee that while most of its trade with Southern Rhodesia consisted of transactions under medical, educational and humanitarian considerations, some business transactions might hayz been conducted in contravention of the sanctions provisions. Investigation of such illegal trade, it said, often met with legal obstacles, principally, the principle of confidentiality strictly applied by the Federal Office of Statistics. At the time of the preparation of the present report, the Committee was awaiting the Federal Government's comments justifying the imports from Southern Rhodesia and on what measures the Government had taken or was contemplating to subdue the legal obstacles, in view of the responsibility of Governments to ensure the effective implementation of sanctions. 84. Details of the cases of transactions conducted with the consent or knowledge of reporting Governments are given in annex IV to the present report. C. Replies received from Governments with respect to Security Council resolution 388 (1976) 85. As indicated in the eighth report (S/11927/Rev.1, para. 20), the Committee submitted a special report to the Security Council on 15 December 1975 (S/11913) in which it recommended specific areas for possible expansion of mandatory sanctions against the illegal regime in Southern Rhodesia. The special report was considered by the Security Council at its 1907th meeting on 6 April 1976, at which it adopted resolution 388 (1976). By the terms of that resolution, the Security Council, acting under Chapter VII of the Charter of the United Nations, expanded the scope of mandatory sanctions to cover denial of various aspects of commodity insurance, franchises and trade names with respect to Southern Rhodesia. 86. Communications were received from three Member States, indicating the measures taken by the Governments to effect implementation of Security Council resolution 388 (1976) as follows: (a) In a letter dated 23 June 1976 7/ addressed to the Chairman of the Committee, the Permanent Representative of Brazil transmitted the text of a decree by the President of Brazil pledging Brazil's compliance with the provisions of the resolution. (b) In a letter dated 24 June 1976, addressed to the Chairman of the Committee, the Permanent Representative of Japan enumerated some of the measures taken by the Japanese authorities and reiterated Japan's determination to implement faithfully the Security Council resolution concerned. 7/ A similar letter was addressed to the Secretary-General and was issued as a document of the Security Council (S/12114).

(c) At the 278th meeting on 4 November 1976, the representative of the United States, in a statement to the Committee, said that in compliance with resolution 388 (1976), the United States Government had advised Holiday Inns and Avis corporations to terminate the subfranchises in Southern Rhodesia held by the Holiday Inns and Avis franchises in South Africa. As a result, Holiday Inns and Avis had instructed the South African companies to end their subfranchises in Southern Rhodesia. He also stated that a subfranchise of the British Hertz Company in Southern Rhodesia had been terminated in 1974. -25-

CHAPTER III CONSULAR AND OTHER REPRESENTATION IN SOUTHERN RHODESIA AND REPRESENTATION OF THE ILLEGAL REGIME IN OTHER COUNTRIES A. Consular relations with Southern Rhodesia 87. With the closure of the Portuguese consular offices in Umtali and Bulawayo, as reported in the eighth report (S/11927/Rev.l, para. 75), the Committee has received no further information that any other country, apart from South Africa, maintains consular offices in Southern Rhodesia. B. Southern Rhodesian representational offices abroad 88. Information available to the Committee during the period covered by the present report indicates that Southern Rhodesia maintains representational offices abroad as follows: France: Rhodesian Information Office, Paris USA: Rhodesian Information Office, Washington, DC. 89. As reported in the seventh report (S/11594/Rev.l, annex II, (178) Case No. 143, para. 4), the Government of Australia cancelled the registration of the Rhodesian Information Centre, Sydney, as such, in 1974, and the Government expressed its satisfaction that, as a result, the activities formerly performed by that office would no longer be carried out under the name of the Rhodesian Information Centre. 90. The information about the Southern Rhodesian office in Paris was given to the Committee by a non-governmental organization in Paris (Case No. INGO-12) as well as by the United Kingdom in a note dated 9 April 1976 (Case No. 154; see chap. IV, para. 93 below). France informed the Committee that the Government had undertaken a thorough inquiry with the various enterprises mentioned in Case No. INGO-12, but had been unable to establish proof that any violations of sanctions had actually occurred. 91. With regard to the Southern Rhodesian office in Washington, DC, the Comittee received information from non-governmental sources giving information concerning that office. The United States Government provided the relevant information regarding the office's operations, including its financial statement, as required under the provisions of the United States Foreign Agents Registration Act, 1938, as amended. The representative of the United States informed the Committee that the Rhodesian Information Office had been allowed to continue its operations after the Unilateral Declaration of Independence by the illegal regime simply because there was no legal ground on which it could be closed, so long as it fullY complied with the United States law. He assured the Committee that there had been no Southern Rhodesian tourist office in the United States since the closure of the tourist office in New York in 1974. -26-

CHAPTER IV AIRLINES OPERATING TO AND FROM SOUTHERN RHODESIA 92. In its eighth report (S/11927/Rev.l) the Committee stated that direct flights existed between Southern Rhodesia, on one side, and Malawi, Mozambique, Portugal and South Africa, on the other. During the period covered by the present report, the Government of Mozambique announced that it bad decided to apply fully the sanctions against Southern Rhodesia as of 3 March 1976. Accordingly, it had closed its border with Southern Rhodesia and terminated its communications with that Territory. Similarly, Malawi informed the Committee in a note dated 27 September 1976 that air services between Malawi and Southern Rhodesia were no longer operational. A. Relevant cases examined by the Committee (a) Flights by private companies (Case No. 154: Tango Romeo) 93. Case No. 154 was reviewed in the Committee's eighth report (S/11927/Rev.1, para. 91). It is closely connected with two other cases opened in 1975, Case Nos. 232 and INGO-9, both of which apparently relate to the same aircraft, a DC-8 Jet Trader which had been denied registration by the Belgian Government and was then said to have been acquired, through a Luxembourg agent, by the Gabonese airline Affretair. In a note dated 9 April 1976 (Case No. 154), the United Kingdom informed the Committee that Affretair had extended its activities and that its five aircraft had been observed using facilities of a large number of airports around the world. Affretair, it was stated in the note, with headquarters in Libreville (Gabon) and permanent representatives in Paris, Amsterdam, Palma de Mallorca and Johannesburg (South Africa), operated its aircraft mainly as freight carriers between Southern Rhodesia and Europe, via Libreville or Abidjan (Ivory Coast), and was also undertaking charter flights for Sabena and Air France, many of which were believed to be subsidized by the illegal r'gime in Southern Rhodesia in order to make them competitive. 94. That information was brought to the attention of the Governments primarily concerned, as well as to attention of all Member States. The Government of Gabon informed the Committee that the private airline, Affretair, formerly registered and based in Gabon, had been dissolved and incorporated into the national airline, Air Gabon. Details concerning other developments in these three cases are given in chapters I B and II B above, as well as in the appropriate annexes on cases. (b) Fli hts to and from Southern Rhodesia and IATA agreements involving Air Rhodesia (Case NTs. 213 and INGO-4) 95. Case No. 213 was opened by the Committee in 1975 and was considered with close reference to Case No. INGO-4 (Air Rhodesia and IATA agreements). As indicated above, the information available to the Committee indicates that direct -27- air links with Southern Rhodesia still exist only with airlines constituted in Portugal and South Africa. During 1976, five more Governments, namely, Botswana, Brazil, Cyprus, Greece and Malawi, informed the Committee that their national airlines had withdrawn their IATA interline agreements with Air Rhodesia. Consequently, only the Governments of Portugal and South Africa have not yet informed the Committee of the action taken or contemplated by their national airlines with regard to those airlines' IATA interline agreements with Air Rhodesia. 8/ B. Consideration of the matter as a general subject 96. As indicated in chapter I A (b) above, the general question of air links with Southern Rhodesia was one of the substantive subjects considered by the Committee during the period under review, as one of the areas in which the Committee might recommend the expansion of sanctions against the illegal regime. Details of the discussion in that regard will be given in the Committee's proposed second special report to the Security Council on the expansion of sanctions against Southern Rhodesia. 97. During the discussion of this subject, some delegations expressed doubts with regard to the extent of Member States' obligations under the provisions of paragraph 6 of Security Council resolution 253 (1968). At the 279th meeting the Committee therefore decided to request the Legal Counsel's opinion on that particular point. 98. In his reply, the Legal Counsel informed the Committee, inter alia, as follows: "Interline agreements are agreements concluded between airline companies of different nationality to achieve a maximum degree of co-ordination among airlines. Interline agreements concluded with Southern Rhodesian based airlines would, therefore, constitute a 'linking up' between airline companies constituted in, registered with or under charter to nationals of, Member States and would appear to be clearly contrary to the intent of paragraph 6 of Security Council resolution 253 (1968). "As we pointed out in our earlier memorandum of 16 April 1974 2/ on the legal status of IATA, the interline agreements provide for the possibility of 8/ During the same period the Committee received information published by the authorities of the illegal regime, indicating that during 1975 Air Rhodesia had carried a record total of h7,321 passengers and more than 6,500 tons of freight. (Southern Rhodesia, Monthly Digest of Statistics, July 1976 (Central Statistical Office, Salisbury). In using the statistics published by the illegal regime the Committee usually exercises a certain amount of caution.) 9/ Official Records of the Security Council, Thirtieth Year, Special Supplement No. 2, vol. II, annex V, Case No. INGO-4, para. 10. -28- withdrawal by any party with respect to all parties or with respect to a particular party, by giving 30 days notice. Under this procedure, any airline bound by the agreements in respect of Southern Rhodesian based airlines could, within 30 days, terminate the agreement as between itself and Southern Rhodesian based airlines." 99. Subsequently, the Committee decided that the Legal Counsel's opinion should be transmitted to the Governments of Portugal and South Africa. -29-

CHAPTER V IIIMIGRATION AND TOURISM A. General information i00. Immigration and tourism have always been considered by the illegal r~gime to be of great importance. That was so particularly in 1975 and 1976, when the regime mounted strenuous efforts to attract a greater inflow of immigrants, as well as to promote tourism in order to earn badly needed foreign exchange. (a) Popul ation 101. The whole population of Southern Rhodebia was approximately 6,420,000 at the end of 1975. 10/ A breakdown of that figure and a comparison with statistics for previous years are as follows: Table 1 POPULATION OF SOUTHERN RHODESIA (rounded figures, in thousands) Year (31 December) Africans Europeans Asians Coloureds Total 1965 11/ 4,260 210 8.0 12.6 4,490 1971 5,31 2559. 17.3 5,590 1972 5,490 267 9.6 18.1 5,780 1973 5,700 271 9.7 19.0 6,00o 1974 5,900 274 9.9 19.9 6,200 1975 6,110 278 10.0 20.9 6,420 102. The African population, which totals over 6.1 million, accounted for roughly 210,000 of the whole population increase in 1975. The over-all increase in the white population remained low in the consecutive years from 1972. 103. As it was stated in the Committee's eighth report (S/11927/Rev.l, para. 100), the illegal regime despite its efforts, has not been successful in promoting immigration to Southern Rhodesia. The trend in European immigration in recent years is given as follows: 10/ All the figures given in this chapter were gathered from the Monthly Dig of Statistics, August 1976 (Central Statistical Office, Salisbury). ll/ As of 30 June 1965.

Table 2 Immigrants 14,743 13,966 9,433 9,649 12,425 Emigrants Net migration 5,340 5,150 7,750 9,050 10,500 9,400 8,820 1,63o 6OO 1,930 104. Net migration during 1975 was far below the figure reported for 1972. Moreover, a sharp decrease is given by the official statistics for the first eight months of 1976, as follows: Table 3 Immigrants 1975 (January-August) 1976 (January-August) ,600 5,894 Emigrants 7,100 9,920 Net migration +1 ,508 -4,030 105. The net loss of Europeans up to the end of September 1976 was given as 4,73', compared with 1,617 during the same period in 1975. In spite of the illegal r~gime's pleas to them to stay, more Europeans have been leaving Southern Rhodesia in recent months than have been arriving. One of the reasons suggested is apprehension about the future, particularly in view of the growing guerrilla activity in the Territory. 12/ (b) Tourism 106. Regarding tourism, the official statistics indicate a slight increase in the number of visitors arriving in Southern Rhodesia in 1975, compared with those in 1974, as the following figures indicate: Table 4 VISITORS FROM ABROAD In transit 103,316 47,208 37,354 15,557 12,498 14,668 On business 25,194 22,146 20,798 21,105 22,870 20,368 For education 5,643 7,175 7,943 7,631 7,758 5,257 On holiday 203,725 317,331 339,210 243,812 229,570 244,404 107. However, during the first half of 1976 the official statistics Show a substantial decrease in the number of visitors arriving in Southern Rhodesia: almost 26,000 fewer tourists, compared with the same period in 1975. This figure is also the lowest for the last 10 years. The number of residents returning from visits to other countries also dropped from 118,442 during January to June 1975 to 106,838 for the same period in 1976. 12/ The ew York Times, 2 August 1976. -31 1971 1972 1973 1974 1975 1965 1971 1972 1973 1974 1975 Total 343,378 393,910 405,485 288,105 272,704 264,697

B. Specific cases concerning tourism 108. During the period covered by the present report, the Committee continued to examine a number of cases concerning tourism to Southern Rhodesia. It paid special attention to the following cases: (a) Tourism and travel to and from Southern Rhodesia (Case No. INGO-7) 109. This case was opened on the basis of a communication sent to the Committee by a non---governmental organization and was referred to in the eighth report (S/11927/Rev.l, para. 116). Since then, the Government of Barbados has reported the measures in force in the country with regard to illegal travellers from Southern Rhodesia. Similarly, the Government of Austria has informed the Committee that although it has no legal means of restricting the travel of its citizens abroad, its regulations do not permit admission into Austria of holders of Southern Rhodesian passports. (b) Package tours to Southern Rhodesia and landing rights to airlines flying to Salisbury_Case o. INGO-O) 110. In this case, which was referred to in the eighth report (S/l1927/Rev.l, para. 117), the Committee received additional replies from the Government concerned. The Government of Belgium informed the Committee that neither Sabena nor its travel agency, Transair, organized tours to Southern Rhodesia or sold tickets to that destination-, Sabena had no bilateral agreement with Air Rhodesia. However, Sabena could not refuse to carry passengers over its scheduled routes, including organized groups such as those arranged by the United States agency, Travelworld. The United Kingdom stated that publication of advertisements for package tours to Southern Rhodesia such as those appearing in the World Expeditionary Association and the ABC World Airways Guide did not constitute a violation of sanctions. There was no evidence of any infringement of the United Kingdom exchange control legislation. Therefore the authorities envisaged no legal action. The United States stated that it was unable under its Constitution to prevent individuals from travelling abroad, even on an organized tour, if there was no official sponsorship. However, instructions had gone out to all United States consular posts in the world actively to discourage United States citizens from travelling to Southern Rhodesia. (c) Tour to Southern Rhodesia organized by a United Kingdom travel agency (Case No. IINGO-ll) 111. Further to the eighth report (S/11927/Rev.l, annex V), the United Kingdom informed the Committee that the United Kingdom travel agency, Ian Allen Travel, after being advised of the possibility of violation of sanctions if it accepted tour bookings to Southern Rhodesia, had rearranged the tour programme in consultation with Frontiers International to avoid a three-day visit to Southern Rhodesia. The United States informed the Committee that investigations were under wp r regarlinr the firr in tho United States, Frontiers International, reported to have engaged the United Kingdom firm to organize the tour on a commission basis.