United Nations S/2002/1146/Add.l Security Council Distr.: General 20 June 2003 Original: English Letter dated 15 October 2002 from the Secretary-General addressed to the President of the Security Council Addendum Letter dated 20 July 2003 from the Secretary-General addressed to the President of the Security Council I have the honour to refer to Security Council resolution 1457 (2003) dated 24 January 2003, by which the Council requested me to arrange for the publication, as an attachment to the report of the Panel of Experts on the Illegal Exploitation of Natural Resources and Other Forms of Wealth of the Democratic Republic of the Congo transmitted to the Council in my letter dated 15 October 2002 (see S/2002/1146, annex), the reactions received from individuals, companies and States named in that report. I should also like to refer to the note by the President of the Security Council (S/2003/340) of 24 March, by which the Council extended the timeline for the publication of those reactions to 20 June 2003. I have the honour to transmit herewith the attachment (see annex and enclosures 1 and 2)* to the report of the Expert Panel (S/2002/1146, annex), containing the reactions of 58 individuals, companies and States named in the Panel's report, which was compiled and submitted to me in a letter dated 17 June from the Chairman of the Panel, Mr. Mahmoud Kassen (Egypt). I would be grateful if you could bring the attached information to the attention of the Members of the Council. (Signed) Kofi A. Annan 32P0.1 * The enclosures to the annex are reproduced in the language of submission only. 03-40377(E) 300603 S/2002/1146/Add.l Annex Letter dated 17 June 2003 from the Chairman of the Panel of Experts on the Illegal Exploitation of Natural Resources and Other Forms of Wealth of the Democratic Republic of the Congo addressed to the Secretary-General I wish to refer to Security Council resolution 1457 (2003) of 24 January 2003, in which the Council extended the mandate of the Panel of Experts on the Illegal Exploitation of Natural Resources and Other Forms of Wealth of the Democratic Republic of the Congo for a period of six months. In paragraph 11 of the resolution, the Council invited parties named in the report'of the Panel (S/2002/1146, annex) to send their reactions for publication as an attachment to the report. In a note from the President of the Security Council dated 24 March 2003 (S/2003/340), the original publication date specified in the resolution was extended to 20 June 2003. I have the honour to submit to you the list of the parties that wish their reactions to be published (enclosure 1), together with the compiled reactions themselves (enclosure 2). I should be grateful if you could transmit these documents to Ambassador Sergey Lavrov, President of the Security Council, so that he may bring them to the attention of all Council members. It should be noted that the enclosed reactions relate primarily to individuals and corporate entities. There are also reactions from Rwanda, Uganda, South Africa and Zimbabwe. These reactions will be discussed with Governments as part of the dialogue that the Panel will be engaging in with States during the second half of its mandate. After reconvening in March 2003, the Panel discussed with the United Nations Office of Legal Affairs the procedures it should follow in establishing a dialogue with the parties and the transmission of information in accordance with paragraph 12 of resolution 1457 (2003). These procedures were set out in a note drafted for the Panel by the Office of Legal Affairs. Since early April, the Panel has held face-to- face meetings in Nairobi and Paris with many of the parties interested in conducting a dialogue and submitting a reaction for publication. At these meetings, the Panel stressed that its objective was not to blame or condemn individuals, companies or other named parties. Instead, the Panel has, through its reports and its dialogue with corporate entities and business people, sought to highlight the links between the illicit exploitation of natural resources and the fuelling of conflicts, such as the one ongoing in the Democratic Republic of the Congo. Furthermore, the aim of this dialogue has been to help improve business practices in conflict zones such as the Democratic Republic of the Congo and, even more importantly, ensure that the country and its people benefit from the transparent exploitation of their natural resources. In the attached list (enclosure 1) are the names, nationalities (for individuals) or countries of incorporation (for companies) and the relevant references to the annexes and main text of the Panel's report for all the reactions that are to be published. This list is in essence an index to the reactions. In addition, the reactions have been grouped depending on the progress the Panel has made in reaching a final outcome with the concerned parties. Consequently, the reactions have been put into three categories: S/2002/1146/Add.l A. Those where the Panel has either reached a common position with an individual or company, or believes that such an outcome is possible. Such an understanding usually involves recognition of the validity of the issues the Panel has raised in its reports. B. Those where the dialogue is still at an early stage and therefore inconclusive. C. The reactions of the Governments of Rwanda, Uganda, South Africa and Zimbabwe. With all parties named in its October 2002 and previous reports, paragraph 9 of resolution 1457 (2003) requires the Panel to update information it has on individuals and entities named therein. It is therefore possible that the Panel may revise or alter its current assessment of a particular party following further dialogue and investigation. At its forthcoming interim briefing with the Security Council, the Panel will explain in more detail the methodology it has developed for dealing with parties that have submitted reactions, together with the progress it has made in reaching a resolution with them. The Panel will, seek to exchange views with, and receive guidance as necessary from, the Council, which hopefully will enable companies and individuals to be removed from its annexes, in conformity with paragraph 9 of resolution 1457 (2003). (Signed) Ambassador Mahmoud Kassem 1 Chairman United Nations Expert Panel on the Democratic Republic of the Congo S/2002/1146/Add.l Enclosure 1 List of parties submitting reactions to the report of the Panel of Experts on the Illegal Exploitation of Natural Resources and Other Forms of Wealth of the Democratic Republic of the Congo of 15 October 2003 Reactions for publication* Group A Resolution of issues completed or ongoing with Panel Group B No communications or only preliminary discussions with Panel Group C Government reactions, exchanges with Panel pending Reaction Sfame Group Country Annex to Item No. in annex or No. main bodyb report paragraph No. i Anthony Marinus A Belgium II 44 2 Tenke Mining Corporation A Canada in 76 Jayer A.G. + subsidiary H C A Germany in 19 3 Starck Gmbh & Co KG A Germany in 43 4 7irst Quantum Minerals A Canada m 38 5 Kinross Gold Corporation A Canada in 51 6 American Mineral Fields AMFI A Canada m 9 7 OM Group A Finland/ USA in 63 8 Barclays Bank A UK m 18 9 Standard Chartered Bank A UK in 74 10 Amalgamated Metal Corporation A UK in 8 Pic Kumba Resources + associates: 11 ISCOR A South Africa in 46 ZINCOR A South Africa m 85 LJmicore 83 12 A Belgium HI + subsidiary Sogem A Belgium HI 72 13 Melkior Resources A Canada m 57 14 Banro Corporation A Canada in 17 15 Ashanti Goldfields A Ghana in 15 16 Anglovaal Mining Ltd A South Africa in 11 17 Carson Products A South Africa m 23 IS Anglo American Pic A UK in 10 19 Afrimex A UK in 2 20 Alex Stewart (Assayers) Ltd A UK m 7 21 Kernel Electronics Corporation A USA in 49 22 A & M Minerals and Metals Pic A UK m 6 Fords + subsidiary A Belgium in 40 23 Banque Belgolaise A Belgium HI 21 Groupe George Forrest: A Belgium i 14 Enterprise General Malta Forrest A Belgium, DRC i, in 10,34 24 Mr. George Forrest A Belgium ii 15 George Forrest International A DRC m 41 Afriaue Tremalt Ltd A UK, British Virgin i, m 25,80 25 Islands John Bredenkamp A Zimbabwe n 11 Kababankola Mining Company A Zimbabwe in 48 Oryx Natural Resources 26 A UK / Grand Cayman i 18 Thamer Al-Shanfari A Oman ii 9 27 Nami Gems A Belgium m 61 28 Abadiam A Belgium body p. 58 29 De Beers A UK m 29 30 Billy Rautenbach + Ridgepointe B Zimbabwe, British body para 32,46 Overseas Developments Ltd. Virgin Islands 31 Cogecom B Belgium m 25 S/2002/1146/Add.l Reaction Name Group Country Annex to Item No. in annex or No. main body*1 report paragraph No. Congo Holding Development Co B I 6 32 DRC Felicien Ruchacha Bikumu B DRC II 47 KHA International AG B Germany III 50 33 + associate Masingiro Gmbh B Germany III 56 21, 68 34 Saracen Uganda Ltd B South Africa, Uganda I, III Heckie Horn B South Africa II 17 35 Avient Air B UK/ Zimbabwe III 16 36 Ahmad Diamond Corp B Belgium I, ill 1,3 Imad Ahmad B Belgium II 3 i . 37 Asa Diam B Belgium I, in 2, 13 38 Ali Said Ahmad B Belgium II 1 : 39;.