1 (1945) Nr. 58

A. TITEL

Handvest van de Verenigde Naties;

San Francisco, 26 juni 1945

Voor een overzicht van de verdragsgegevens, zie verdragsnummer 006585 in de Verdragenbank.

B. TEKST

Op 2 september 2015 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7517e zitting Resolutie 2237 (2015) inzake Liberia aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2237 (2015)
Adopted by the Security Council at its 7517th meeting, on 2 September 2015

The Security Council,

Recalling its previous resolutions and statements by its President on the situation in Liberia,

Welcoming the sustained progress made by the Government of Liberia, in rebuilding Liberia for the benefit of all Liberians, with the support of the international community,

Taking note of the report of the United Nations Panel of Experts on Liberia (S/2015/558),

Further noting the Secretary-General’s letter, dated 31 July 2015 (S/2015/590), updating the Security Council on progress made by the Government of Liberia to implement the recommendations on the proper management of arms and ammunition, including enacting the necessary laws, and on facilitating the effective monitoring and management of the border regions between Liberia and Côte d’Ivoire,

Commending the Government of Liberia for responding effectively to the Ebola outbreak in Liberia and recognizing, in this regard, the resilience of the people and Government of Liberia, and its security institutions, especially the Armed Forces of Liberia and the Liberia National Police,

Welcoming the efforts of Member States, bilateral partners and multilateral organizations, including the United Nations, African Union (AU) and Economic Community of West African States (ECOWAS), to support the Government of Liberia in its response to the Ebola outbreak, further welcoming the contributions of the international community, including the Peacebuilding Commission, to assist Liberia in its comprehensive development commitment in the post-Ebola recovery period particularly through capacity-building of its security institutions and strongly encouraging further steps forward in this regard,

Affirming that the Government of Liberia bears primary responsibility for protecting all populations within its territory from atrocities, and stressing that lasting stability in Liberia will require the Government of Liberia to sustain effective and accountable government institutions, particularly in the rule of law and security sectors,

Stressing the need for increased progress on security sector reform in Liberia in particular to ensure that Liberia’s military, police, and border security forces are self-sufficient, capable, and adequately prepared to protect the Liberian people,

Underlining that the transparent and effective management of natural resources is critical for Liberia’s sustainable peace and security,

Recalling the Council’s readiness to terminate the measures imposed by paragraphs 2 (a) and (b) and 4 (a) of Resolution 1521 (2003) upon its determination that the ceasefire in Liberia is being fully respected and maintained, disarmament, demobilization, reintegration, repatriation and restructuring of the security sector have been completed, the provisions of the Comprehensive Peace Agreement are being fully implemented, and significant progress has been made in establishing and maintaining stability in Liberia and the subregion,

Further recalling the Council’s intention to consider modifying the measure imposed by paragraph 1 of resolution 1532 (2004) once the Government of Liberia established transparent accounting and auditing mechanisms to ensure the responsible use of government revenue to benefit directly the people of Liberia,

Determining that, despite significant progress, the situation in Liberia continues to constitute a threat to international peace and security in the region,

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

  • 1. Decides to renew the measures on arms, previously imposed by paragraph 2 of resolution 1521 (2003) and modified by paragraphs 1 and 2 of resolution 1683 (2006), by paragraph 1 (b) of resolution 1731 (2006), by paragraphs 3, 4, 5 and 6 of resolution 1903 (2009), by paragraph 3 of resolution 1961 (2010), and by paragraph 2 (b) of resolution 2128 (2013) for a period of 9 months from the date of adoption of this resolution;

  • 2. Decides to terminate the travel and financial measures set forth in paragraph 4 of resolution 1521 (2003) and paragraph 1 of resolution 1532 (2004);

  • 3. Decides to extend the mandate of the Panel of Experts appointed pursuant to paragraph 9 of resolution 1903 (2009) for a period of 10 months from the date of adoption of this resolution to undertake the following tasks in close collaboration with the Government of Liberia and the Côte d’Ivoire Group of Experts:

    • a) To investigate and compile a final report on the implementation, and any violations, of the measures on arms as renewed by paragraph 1 above, including the various sources of financing for the illicit trade of arms, and on progress in the security and legal sectors with respect to the Government of Liberia’s ability to effectively monitor and control arms and border issues;

    • b) To provide to the Council, after discussion with the Committee, a final report no later than 1 May 2016 on all the issues listed in this paragraph, and to provide informal updates to the Committee as appropriate before that date;

    • c) To cooperate actively with other relevant panels of experts, in particular that on Côte d’Ivoire re-established by paragraph 24 of resolution 2153 (2014);

  • 4. Requests the Secretary-General to take the necessary administrative measures as expeditiously as possible to re-establish the Panel of Experts, having due regard for its reduced mandate, to consist of 1 member, for a period of 10 months from the date of adoption of this resolution;

  • 5. Calls upon all States, including Liberia, to cooperate fully with the Panel of Experts in all aspects of its mandate;

  • 6. Recalls that responsibility for controlling the circulation of small arms within the territory of Liberia and between Liberia and neighbouring States rests with the relevant governmental authorities in accordance with the Economic Community of West African States Convention on Small Arms and Light Weapons of 2006;

  • 7. Urges the Government of Liberia to prioritize and expedite the adoption and implementation of appropriate arms and ammunition management legislation and take other necessary and appropriate steps to establish the necessary legal and administrative framework to combat the illicit trafficking of arms and ammunition;

  • 8. Affirms that it will be prepared to adjust the measures contained in this resolution, including by re-imposing or strengthening measures, as well as modifying, suspending or lifting measures, as may be needed at any time in light of the stability of Liberia and the subregion;

  • 9. Decides to remain actively seized of the matter.

Op 9 oktober 2015 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7531e zitting Resolutie 2240 (2015) inzake Libië aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2240 (2015)
Adopted by the Security Council at its 7531st meeting, on 9 October 2015

The Security Council,

Recalling its press statement of 21 April on the maritime tragedy in the Mediterranean Sea,

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Libya,

Recalling that international law, as reflected in the United Nations Convention on the Law of the Sea of 10 December 1982, sets out the legal framework applicable to activities in the ocean,

Reaffirming also the United Nations Convention against Transnational Organized Crime (UNTOC Convention) and its Protocol against the Smuggling of Migrants by Land, Air and Sea, as the primary international legal instruments to combat the smuggling of migrants and related conduct, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UNTOC Convention, as the primary international legal instruments to combat trafficking in persons,

Underlining that, although the crime of smuggling of migrants may share, in some cases, some common features with the crime of trafficking in persons, Member States need to recognise that they are distinct crimes, as defined by the UNTOC Convention and its Protocols, requiring differing legal, operational, and policy responses,

Deploring the continuing maritime tragedies in the Mediterranean Sea that have resulted in hundreds of casualties, and noting with concern that such casualties were, in some cases, the result of exploitation and misinformation by transnational criminal organisations which facilitated the illegal smuggling of migrants via dangerous methods for personal gain and with callous disregard for human life,

Expressing grave concern at the recent proliferation of, and endangerment of lives by, the smuggling of migrants in the Mediterranean Sea, in particular off the coast of Libya and recognizing that among these migrants may be persons who meet the definition of a refugee under the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto,

Emphasizing in this respect that migrants, including asylum-seekers and regardless of their migration status, should be treated with humanity and dignity and that their rights should be fully respected, and urging all States in this regard to comply with their obligations under international law, including international human rights law and international refugee law, as applicable, stressing also the obligation of States, where applicable, to protect the human rights of migrants regardless of their migration status, including when implementing their specific migration and border security policies,

Reaffirming in this respect the need to promote and protect effectively the human rights and fundamental freedoms of all migrants, regardless of their migration status, especially those of women and children, and to address international migration through international, regional or bilateral cooperation and dialogue and through a comprehensive and balanced approach, recognizing the roles and responsibilities of countries of origin, transit and destination in promoting and protecting the human rights of all migrants, and avoiding approaches that might aggravate their vulnerability,

Further recalling the International Convention for the Safety of Life at Sea and the International Convention on Maritime Search and Rescue,

Expressing further concern that the situation in Libya is exacerbated by the smuggling of migrants and human trafficking into, through and from the Libyan territory, which could provide support to other organised crime and terrorist networks in Libya,

Mindful of its primary responsibility for the maintenance of international peace and security under the Charter of the United Nations,

Underlining the primary responsibility of the Libyan Government to take appropriate action to prevent the recent proliferation of, and endangerment of lives by, the smuggling of migrants and human trafficking through the territory of Libya and its territorial sea,

Mindful of the need to support further efforts to strengthen Libyan border management, considering the difficulties of the Libyan Government to manage effectively the migratory flows in transit through Libyan territory, and noting its concern for the repercussions of this phenomenon on the stability of Libya and of the Mediterranean region,

Welcoming support already provided by the most concerned Member States, including Member States of the European Union (EU), taking into account inter alia the role of FRONTEX and the specific mandate of EUBAM Libya in support of the Libyan Government, and by neighbouring States,

Acknowledging the European Council statement of 23 April 2015 and the press statement of the African Union Peace and Security Council of 27 April, which underlined the need for effective international action to address both the immediate and long-term aspects of human trafficking towards Europe,

Taking note of the Decision of the Council of the European Union of 18 May 2015 setting up ‘EUNAVFOR Med’ which underlined the need for effective international action to address both the immediate and long-term aspects of migrant smuggling and human trafficking towards Europe,

Taking further note of the ongoing discussions between the EU and the Libyan Government on migration related issues,

Expressing also strong support to the States in the region affected by the smuggling of migrants and human trafficking, and emphasizing the need to step up coordination of efforts in order to strengthen an effective multidimensional response to these common challenges in the spirit of international solidarity and shared responsibility, to tackle their root causes and to prevent people from being exploited by migrant smugglers and human traffickers,

Acknowledging the need to assist States in the region, upon request, in the development of comprehensive and integrated regional and national strategies, legal frameworks, and institutions to counter terrorism, transnational organised crime, migrant smuggling, and human trafficking, including mechanisms to implement them within the framework of States’ obligations under applicable international law,

Stressing that addressing both migrant smuggling and human trafficking, including dismantling smuggling and trafficking networks in the region and prosecuting migrant smugglers, and human traffickers requires a coordinated, multidimensional approach with States of origin, of transit, and of destination, and further acknowledging the need to develop effective strategies to deter migrant smuggling and human trafficking in States of origin and transit,

Emphasizing that migrants should be treated with humanity and dignity and that their rights should be fully respected, and urging all States in this regard to comply with their obligations under international law, including international human rights law and international refugee law, as applicable,

Bearing in mind the obligations of States under applicable international law to exercise due diligence to prevent and combat migrant smuggling and human trafficking, to investigate and punish perpetrators, to identify and provide effective assistance to victims of trafficking and migrants and to cooperate to the fullest extent possible to prevent and suppress migrant smuggling and human trafficking,

Affirming the necessity to put an end to the recent proliferation of, and endangerment of lives by, the smuggling of migrants and trafficking of persons in the Mediterranean Sea off the coast of Libya, and, for these specific purposes, acting under Chapter VII of the Charter of the United Nations,

  • 1. Condemns all acts of migrant smuggling and human trafficking into, through and from the Libyan territory and off the coast of Libya, which undermine further the process of stabilisation of Libya and endanger the lives of thousands of people;

  • 2. Calls on Member States acting nationally or through regional organisations, including the EU, to assist Libya, upon request, in building needed capacity including to secure its borders and to prevent, investigate and prosecute acts of smuggling of migrants and human trafficking through its territory and in its territorial sea; in order to prevent the further proliferation of, and endangerment of lives by, the smuggling of migrants and human trafficking into, through and from the territory of Libya and off its coast;

  • 3. Urges Member States and regional organisations, in the spirit of international solidarity and shared responsibility, to cooperate with the Libyan Government, and with each other, including by sharing information about acts of migrant smuggling and human trafficking in Libya’s territorial sea and on the high seas off the coast of Libya, and rendering assistance to migrants and victims of human trafficking recovered at sea, in accordance with international law;

  • 4. Urges States and regional organisations whose naval vessels and aircraft operate on the high seas and airspace off the coast of Libya, to be vigilant for acts of migrant smuggling and human trafficking, and in this context, encourages States and regional organisations to increase and coordinate their efforts to deter acts of migrant smuggling and human trafficking, in cooperation with Libya;

  • 5. Calls upon Member States acting nationally or through regional organisations that are engaged in the fight against migrant smuggling and human trafficking to inspect, as permitted under international law, on the high seas off the coast of Libya, any unflagged vessels that they have reasonable grounds to believe have been, are being, or imminently will be used by organised criminal enterprises for migrant smuggling or human trafficking from Libya, including inflatable boats, rafts and dinghies;

  • 6. Further calls upon such Member States to inspect, with the consent of the flag State, on the high seas off the coast of Libya, vessels that they have reasonable grounds to believe have been, are being, or imminently will be used by organised criminal enterprises for migrant smuggling or human trafficking from Libya;

  • 7. Decides, with a view to saving the threatened lives of migrants or of victims of human trafficking on board such vessels as mentioned above, to authorise, in these exceptional and specific circumstances, for a period of one year from the date of the adoption of this resolution, Member States, acting nationally or through regional organisations that are engaged in the fight against migrant smuggling and human trafficking, to inspect on the high seas off the coast of Libya vessels that they have reasonable grounds to suspect are being used for migrant smuggling or human trafficking from Libya, provided that such Member States and regional organisations make good faith efforts to obtain the consent of the vessel’s flag State prior to using the authority outlined in this paragraph;

  • 8. Decides to authorise for a period of one year from the date of the adoption of this resolution, Member States acting nationally or through regional organisations to seize vessels inspected under the authority of paragraph 7 that are confirmed as being used for migrant smuggling or human trafficking from Libya, and underscores that further action with regard to such vessels inspected under the authority of paragraph 7, including disposal, will be taken in accordance with applicable international law with due consideration of the interests of any third parties who have acted in good faith;

  • 9. Calls upon all flag States involved to cooperate with respect to efforts under paragraphs 7 and 8, and decides that Member States acting nationally or through regional organisations under the authority of those paragraphs shall keep flag States informed of actions taken with respect to their vessels, and calls upon flag States that receive such requests to review and respond to them in a rapid and timely manner;

  • 10. Decides to authorise Member States acting nationally or through regional organisations to use all measures commensurate to the specific circumstances in confronting migrant smugglers or human traffickers in carrying out activities under paragraphs 7 and 8 and in full compliance with international human rights law, as applicable, underscores that the authorizations in paragraph 7 and 8 do not apply with respect to vessels entitled to sovereign immunity under international law, and calls upon Member States and regional organisations carrying out activities under paragraphs 7, 8 and this paragraph, to provide for the safety of persons on board as an utmost priority and to avoid causing harm to the marine environment or to the safety of navigation;

  • 11. Affirms that the authorisations provided in paragraphs 7 and 8 apply only with respect to the situation of migrant smuggling and human trafficking on the high seas off the coast of Libya and shall not affect the rights or obligations or responsibilities of Member States under international law, including any rights or obligations under UNCLOS, including the general principle of exclusive jurisdiction of a flag State over its vessels on the high seas, with respect to any other situation, and further affirms that the authorisation provided in paragraph 10 applies only in confronting migrant smugglers and human traffickers on the high seas off the coast of Libya;

  • 12. Underscores that this resolution is intended to disrupt the organised criminal enterprises engaged in migrant smuggling and human trafficking and prevent loss of life and is not intended to undermine the human rights of individuals or prevent them from seeking protection under international human rights law and international refugee law;

  • 13. Emphasises that all migrants, including asylum-seekers, should be treated with humanity and dignity and that their rights should be fully respected, and urges all States in this regard to comply with their obligations under international law, including international human rights law and international refugee law, as applicable;

  • 14. Urges Member States and regional organisations acting under the authority of this resolution to have due regard for the livelihoods of those engaged in fishing or other legitimate activities;

  • 15. Calls upon all States, with relevant jurisdiction under international law and national legislation, to investigate and prosecute persons responsible for acts of migrant smuggling and human trafficking at sea, consistent with States’ obligations under international law, including international human rights law and international refugee law, as applicable;

  • 16. Calls for Member States to consider ratifying or acceding to, and for States Parties to effectively implement the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, and as well as the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children;

  • 17. Requests States utilising the authority of this resolution to inform the Security Council within three months of the date of adoption of this resolution and every three months thereafter on the progress of actions undertaken in exercise of the authority provided in paragraphs 7 to 10 above;

  • 18. Requests the Secretary-General to report to the Security Council eleven months after the adoption of this resolution on its implementation, in particular with regards to the implementation of paragraphs 7 to 10 above;

  • 19. Expresses its intention to review the situation and consider, as appropriate, renewing the authority provided in this resolution for additional periods;

  • 20. Decides to remain seized of the matter.

Op 23 oktober 2015 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7541e zitting Resolutie 2244 (2015) inzake Somalië aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2244 (2015)
Adopted by the Security Council at its 7541st meeting, on 23 October 2015

The Security Council,

Recalling all its previous resolutions and statements of its President on the situation in Somalia and Eritrea, in particular resolutions 733 (1992), 1844 (2008), 1907 (2009), 2036 (2012), 2023 (2011), 2093 (2013), 2111 (2013), 2124 (2013), 2125 (2013), 2142 (2014), and 2182 (2014),

Taking note of the final reports of the Somalia and Eritrea Monitoring Group (the SEMG) (on Somalia (S/2015801) and Eritrea (S/2015/802)) and their conclusions on the situations in both Somalia and Eritrea,

Reaffirming its respect for the sovereignty, territorial integrity, political independence and unity of Somalia, Djibouti and Eritrea respectively,

Condemning any flows of weapons and ammunition supplies to and through Somalia in violation of the arms embargo on Somalia and to Eritrea in violation of the arms embargo on Eritrea, as a serious threat to peace and stability in the region,

Expressing concern that Al-Shabaab continues to pose a serious threat to the peace and stability of Somalia and the region,

Welcoming the improved relationship between the Federal Government of Somalia (FGS) and the SEMG, and underlining the importance of this relationship improving further and strengthening in the future,

Welcoming the efforts of the FGS to improve its notifications to the Committee pursuant to resolutions 751 (1992) and 1907 (2009) concerning Somalia and Eritrea (“the Committee”), and looking forward to further needed progress in the future, particularly in relation to post-delivery notifications, and recalling that improved arms and ammunition management in Somalia is a fundamental component of greater peace and stability for the region,

Underlining the importance of financial propriety in the run up to, and conduct of, elections in Somalia in 2016, and stressing the need for further efforts to fight corruption, promote transparency and increase mutual accountability in Somalia,

Expressing serious concern at reports of illegal fishing in waters where Somalia has jurisdiction, underlining the importance of refraining from illegal fishing, and encouraging the FGS, with the support of the international community, to ensure that fishing licenses are issued in a responsible manner and in line with the appropriate Somali legal framework,

Expressing serious concern at the increasing difficulties in delivering humanitarian aid in Somalia, condemning in the strongest terms any party obstructing the delivery of humanitarian assistance, as well as the misappropriation or diversion of any humanitarian funds,

Recalling that the FGS has the primary responsibility to protect its population, and recognising the FGS’ responsibility to build its own national security forces,

Taking note of the two videoconference meetings and three letters between the representative of the Government of Eritrea and the SEMG, expressing concern that the SEMG has not been able to visit Eritrea since 2011 and fully discharge its mandate urging the Government of Eritrea to deepen its cooperation with the SEMG, including through regular visits to Eritrea by the SEMG, and underlining that deepened cooperation will help the Security Council be better informed about Eritrea’s compliance with the relevant Security Council resolutions,

Taking note that during the course of its current and previous mandate the SEMG has not found any evidence that the Government of Eritrea is supporting Al-Shabaab,

Expressing concern over reports by the SEMG of ongoing Eritrean support for certain regional armed groups, and encouraging the SEMG to provide further detailed reporting and evidence on this issue,

Underlining the importance it attaches to all Member States complying with the terms of the arms embargo imposed on Eritrea by resolution 1907 (2009),

Stressing its demand that Eritrea make available information, including to the SEMG, pertaining to the Djiboutian combatants missing in action since the clashes of 2008 so that those concerned may ascertain the presence and conditions of the Djiboutian prisoners of war, and expressing its hope that the mediation efforts of the State of Qatar helps lead to the resolution of this issue as well as the border dispute between Djibouti and Eritrea,

Determining that the situation in Somalia, as well as the dispute between Djibouti and Eritrea, continues to constitute a threat to international peace and security in the region,

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

  • 1. Reaffirms the arms embargo on Somalia, imposed by paragraph 5 of resolution 733 (1992) and further elaborated upon in paragraphs 1 and 2 of resolution 1425 (2002) and modified by paragraphs 33 to 38 of resolution 2093 (2013) and paragraphs 4 to 17 of resolution 2111 (2013), paragraph 14 of resolution 2125 (2013), and paragraph 2 of resolution 2142 (2014) (hereafter referred to as “the arms embargo on Somalia”);

  • 2. Decides to renew the provisions set out in paragraph 2 of resolution 2142 (2014) until 15 November 2016, and in that context reiterates that the arms embargo on Somalia shall not apply to deliveries of weapons, ammunition or military equipment or the provision of advice, assistance or training, intended solely for the development of the Security Forces of the FGS, to provide security for the Somali people, except in relation to deliveries of the items set out in the annex of resolution 2111 (2013);

  • 3. Affirms that the entry into Somali ports for temporary visits of vessels carrying arms and related materiel for defensive purposes does not amount to a delivery of such items in violation of the arms embargo on Somalia, provided that such items remain at all times aboard such vessels;

  • 4. Requests the Committee, within 90 days of adoption of this resolution, to publish an implementation assistance notice summarising the arms embargo restrictions in place for Somalia and Eritrea, as well as outlining exemptions to the arms embargo;

  • 5. Reiterates that weapons or military equipment sold or supplied solely for the development of the Security Forces of the Federal Government of Somalia may not be resold to, transferred to, or made available for use by, any individual or entity not in the service of the Security Forces of the Federal Government of Somalia, and underlines the responsibility of the Federal Government of Somalia to ensure the safe and effective management, storage and security of their stockpiles;

  • 6. Welcomes in this regard the commencement, by the FGS, of a more rigorous weapons registration, recording and marking procedure, expresses concern at reports of continued weapons diversion from within the FGS, notes that further improved weapons management is vital in order to prevent the diversion of weapons, calls upon the FGS to conduct a baseline inventory of military equipment, arms and ammunition in the possession of the security forces of the FGS, assessed against their respective strength and needs, and urges Member States to support improved weapons and ammunition management and the establishment of a ‘Joint Verification Team’ to improve the capacity of the FGS to manage weapons and ammunition;

  • 7. Requests the FGS to report to the Security Council by 15 April 2016 and then by 15 October 2016 in accordance with paragraph 9 of resolution 2182 (2014), and calls on the FGS to include more information in its reporting, including through the provision of full and accurate information on the structure, composition, strength and disposition of its security forces, including the status of regional and militia forces;

  • 8. Recalls that the Federal Government of Somalia has the primary responsibility to notify the Committee, pursuant to paragraphs 3 to 8 of resolution 2142 (2014), welcomes the efforts of the FGS in improving its notifications to the Committee, and calls upon the FGS to improve the timeliness and content of notifications regarding the completion of deliveries, as set out in paragraph 6 or resolution 2142 (2014) and the destination unit upon distribution of imported arms and ammunition, as set out by paragraph 7 of resolution 2142 (2014);

  • 9. Underlines the importance of Member States coordinating with the Office of the National Security Adviser of Somalia, which coordinates FGS reporting obligations to the Security Council pursuant to the notification procedures set out in paragraphs 3 to 7 of resolution 2142 (2014), and underlines the need for Member States to strictly follow the notification procedures for providing assistance to develop Somali security sector institutions;

  • 10. Urges cooperation between AMISOM and the Somali National Army (SNA), as set out in paragraph 6 of resolution 2182 (2014), to document and register all military equipment captured as part of offensive operations or in the course of carrying out their mandates, involving other Security Forces of the Federal Government of Somalia as appropriate;

  • 11. Calls upon the FGS to enhance civilian oversight of its security forces, in particular through investigation and prosecuting individuals responsible for violations of international humanitarian law, and in this context recalls the importance of the Secretary-General’s Human Rights and Due Diligence Policy in relation to the support provided by the UN to the Somali National Army;

  • 12. Underlines the importance of timely and predictable payment of salaries to the Somali security forces and encourages the FGS to implement systems to improve the timeliness and accountability of payments to Somali security forces;

  • 13. Further reaffirms the arms embargo on Eritrea imposed by paragraphs 5 and 6 of resolution 1907 (2009) (hereafter referred to as “the arms embargo on Eritrea”);

  • 14. Expresses concern at the continued reports of corruption and diversion of public resources which pose a risk to state-building efforts, expresses serious concern at reports of financial impropriety involving members of the Federal Government, Regional Administrations and Federal Parliament, which pose a risk to state-building efforts, and in this context underlines that individuals engaged in acts which threaten the peace and reconciliation process in Somalia may be listed for targeted measures;

  • 15. Welcomes the efforts which the FGS has made in order to improve its financial management procedures including engagement between the FGS and the International Monetary Fund (IMF), and encourages prompt implementation of IMF-recommended reforms to support the commencement of a Staff Monitored Programme; the development of the Somali Financial Management Information System; and the forthcoming independent review of the Financial Governance Committee;

  • 16. Reaffirms Somalia’s sovereignty over its natural resources;

  • 17. Reiterates its serious concern that the petroleum sector in Somalia could be a driver for increased conflict, and in that context underlines the vital importance of the FGS putting in place, without undue delay, a resource-sharing arrangement and credible legal framework to ensure that the petroleum sector in Somalia does not become a source of increased tension;

  • 18. Reaffirms the ban on the import and export of Somali charcoal, as set out in paragraph 22 of resolution 2036 (2012) (“the charcoal ban”), condemns the ongoing export of charcoal from Somalia, in violation of the total ban on the export of charcoal from Somalia, and reiterates that the Somali authorities shall take the necessary measures to prevent the export of charcoal from Somalia, and further reiterates its requests in paragraph 18 of resolution 2111 (2013), that AMISOM support and assist the Somali authorities in doing so, as part of AMISOM’s implementation of its mandate set out in paragraph 1 of resolution 2093;

  • 19. Welcomes the efforts of the Combined Maritime Forces (CMF) in their efforts to disrupt the export and import of charcoal to and from Somalia, and further welcomes the cooperation between the SEMG and CMF in keeping the Committee informed on the charcoal trade;

  • 20. Expresses concern that the charcoal trade provides funding for Al-Shabaab, and in that context reiterates paragraphs 11 to 21 of resolution 2182 (2014), and further decides to renew the provisions set out in paragraph 15 of resolution 2182 (2014) until 15 November 2016;

  • 21. Encourages the UN Office on Drugs and Crime to continue its work, within its current mandate, under the Indian Ocean Forum on Maritime Crime to bring together relevant Member States and international organisations to develop strategies to disrupt the trade in Somali charcoal;

  • 22. Expresses serious concern at the deterioration of the humanitarian situation in Somalia, condemns in the strongest terms increased attacks against humanitarian actors and any misuse of donor assistance and the obstruction of the delivery of humanitarian aid, and reiterates paragraph 10 of resolution 2158 (2014) in this regard;

  • 23. Decides that until 15 November 2016 and without prejudice to humanitarian assistance programmes conducted elsewhere, the measures imposed by paragraph 3 of resolution 1844 (2008) shall not apply to the payment of funds, other financial assets or economic resources necessary to ensure the timely delivery of urgently needed humanitarian assistance in Somalia, by the United Nations, its specialized agencies or programmes, humanitarian organizations having observer status with the United Nations General Assembly that provide humanitarian assistance, and their implementing partners including bilaterally or multilaterally funded NGOs participating in the United Nations Humanitarian Response Plan for Somalia;

  • 24. Requests the Emergency Relief Coordinator to report to the Security Council by 15 October 2016 on the delivery of humanitarian assistance in Somalia and on any impediments to the delivery of humanitarian assistance in Somalia, and requests relevant United Nations agencies and humanitarian organizations having observer status with the United Nations General Assembly and their implementing partners that provide humanitarian assistance in Somalia to increase their cooperation and willingness to share information with the United Nations;

  • 25. Welcomes the SEMG’s ongoing and significant efforts to engage with the Government of Eritrea, in that context recalls the two meetings by video conference between the Representative of the Government of Eritrea and the SEMG, reiterates its expectation that the Government of Eritrea will facilitate the entry of the SEMG to Eritrea, to discharge fully its mandate, in line with its repeated requests, including in paragraph 52 of resolution 2182 (2014); and underlines that deepened cooperation will help the Security Council be better informed about Eritrea’s compliance with the relevant Security Council resolutions;

  • 26. Calls on Eritrea to cooperate with the SEMG, including on public finance issues, in accordance with the SEMG’s mandate, in order to demonstrate that Eritrea is not violating the terms of relevant Security Council resolutions;

  • 27. Urges the Government of Eritrea to allow access or provide information, including to the SEMG, on the Djiboutian prisoners of war missing in action since the clashes of 10 to 12 June 2008, and expresses its hope that the mediation efforts led by the State of Qatar helps lead to the resolution of this issue and the dispute between Eritrea and Djibouti;

  • 28. Recalls resolution 1844 (2008) which imposed targeted sanctions and resolutions 2002 (2011) and 2093 (2013) which expanded the listing criteria, and notes one of the listing criteria under resolution 1844 (2008) is engaging in acts that threaten the peace, security or stability of Somalia;

  • 29. Reiterates its willingness to adopt targeted measures against individuals and entities on the basis of the above mentioned criteria;

  • 30. Requests Member States to assist the Monitoring Group in their investigations, and reiterates that obstructing the investigations or work of the Monitoring Group is a criterion for listing under paragraph 15 (e) of resolution 1907 (2009);

  • 31. Decides to extend until 15 December 2016 the mandate of the Somalia and Eritrea Monitoring Group as set out in paragraph 13 of resolution 2060 (2012) and updated in paragraph 41 of resolution 2093 (2013), expresses its intention to review the mandate and take appropriate action regarding the further extension no later than 15 November 2016, and requests the Secretary-General to take the necessary administrative measures as expeditiously as possible to re-establish the Monitoring Group, in consultation with the Committee, until 15 December 2016, drawing, as appropriate, on the expertise of the members of the Monitoring Group established pursuant to previous resolutions;

  • 32. Requests the Monitoring Group to provide monthly updates to the Committee, and a comprehensive midterm update, as well as to submit, for the Security Council’s consideration, through the Committee, two final reports; one focusing on Somalia, the other on Eritrea by 15 October 2016, covering all the tasks set out in paragraph 13 of resolution 2060 (2012) and updated in paragraph 41 of resolution 2093 (2013) and paragraph 15 of resolution 2182 (2014);

  • 33. Requests the Committee, in accordance with its mandate and in consultation with the Monitoring Group and other relevant United Nations entities to consider the recommendations contained in the reports of the Monitoring Group and recommend to the Council ways to improve the implementation of and compliance with the Somalia and Eritrea arms embargoes, the measures regarding the import and export of charcoal from Somalia, as well as implementation of the measures imposed by paragraphs 1, 3 and 7 of resolutions 1844 (2008) and paragraphs 5, 6, 8, 10, 12 and 13 of resolution 1907 (2009) in response to continuing violations;

  • 34. Decides to remain seized of the matter.

Op 10 november 2015 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7554e zitting Resolutie 2246 (2015) inzake Somalië aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2246 (2015)
Adopted by the Security Council at its 7554th meeting, on 10 November 2015

The Security Council,

Recalling its previous resolutions concerning the situation in Somalia, especially resolutions 1814 (2008), 1816 (2008), 1838 (2008), 1844 (2008), 1846 (2008), 1851 (2008), 1897 (2009), 1918 (2010), 1950 (2010), 1976 (2011), 2015 (2011), 2020 (2011), 2077 (2012) 2125 (2013), and 2184 (2014) as well as the Statement of its President (S/PRST/2010/16) of 25 August 2010 and (S/PRST/2012/24) of 19 November 2012,

Welcoming the report of the Secretary-General (S/2015/776), as requested by resolution 2184 (2014), on the implementation of that resolution and on the situation with respect to piracy and armed robbery at sea off the coast of Somalia,

Reaffirming its respect for the sovereignty, territorial integrity, political independence, and unity of Somalia, including Somalia’s sovereign rights in accordance with international law, with respect to offshore natural resources, including fisheries,

Noting that the joint counter-piracy efforts of States, regions, organizations, the maritime industry, the private sector, think tanks, and civil society have resulted in a steady decline in pirate attacks as well as hijackings since 2011, and continuing to be gravely concerned by the ongoing threat that piracy and armed robbery at sea poses to the prompt, safe, and effective delivery of humanitarian aid to Somalia and the region, to the safety of seafarers and other persons, to international navigation and the safety of commercial maritime routes, and to other ships, including fishing activities in conformity with international law,

Expressing concern about the reported involvement of children in piracy off the coast of Somalia, reported sexual exploitation of women and children in areas controlled by pirates, as well as their reported coercion to participate in activities that support piracy,

Further reaffirming that international law, as reflected in the United Nations Convention on the Law of the Sea of 10 December 1982 (“The Convention”), sets out the legal framework applicable to activities in the ocean, including countering piracy and armed robbery at sea,

Recognizing the need to investigate and prosecute not only suspects captured at sea, but also anyone who incites or intentionally facilitates piracy operations, including key figures of criminal networks involved in piracy who plan, organize, facilitate, or illicitly finance or profit from such attacks, and reiterating its concern over persons suspected of piracy having been released without facing justice, reaffirming that the failure to prosecute persons responsible for acts of piracy and armed robbery at sea off the coast of Somalia undermines anti-piracy efforts,

Noting with concern that the continuing limited capacity and domestic legislation to facilitate the custody and prosecution of suspected pirates after their capture has hindered more robust international action against pirates off the coast of Somalia, too often has led to pirates being released without facing justice, regardless of whether there is sufficient evidence to support prosecution, and reiterating that, consistent with the provisions of The Convention concerning the repression of piracy, the 1988 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (“SUA Convention”) provides for parties to create criminal offences, establish jurisdiction, and accept delivery of persons responsible for, or suspected of seizing, or exercising control over, a ship by force or threat thereof, or any other form of intimidation,

Underlining the primary responsibility of the Somali authorities in the fight against piracy and armed robbery at sea off the coast of Somalia, noting the several requests from Somali authorities for international assistance to counter piracy off its coast, including the letter of 4 November 2014, from the Permanent Representative of Somalia to the United Nations expressing the appreciation of Somali authorities to the Security Council for its assistance, expressing their willingness to consider working with other States and regional organizations to combat piracy and armed robbery at sea off the coast of Somalia, and requesting that the provisions of resolution 2125 (2013) be renewed for an additional twelve months,

Welcoming the participation of the Federal Government of Somalia and regional partners in the 18th plenary session of the Contact Group on Piracy off the Coast of Somalia (CGPCS), hosted by the European Union (EU) in New York City, July 2015,

Recognizing the work of the CGPCS and the Law Enforcement Task Force to facilitate the prosecution of suspected pirates, and of the Working Group on Capacity Building of the CGPCS to coordinate judicial, penal, and maritime capacity-building efforts to enable regional states to better tackle piracy,

Welcoming the financing provided by the Trust Fund to Support Initiatives of States Combating Piracy off the Coast of Somalia (the Trust Fund) to strengthen regional ability to prosecute suspected pirates and imprison those convicted in accordance with applicable international human rights law, noting with appreciation the assistance provided by the United Nations Office of Drugs and Crime (UNODC) Maritime Crime Programme, and being determined to continue efforts to ensure that pirates are held accountable,

Commending the efforts of the EU Naval Force (EUNAVFOR) Operation ATALANTA, North Atlantic Treaty Organization Operation Ocean Shield, Combined Maritime Forces’ Combined Task Force 151, the counter-piracy activities of the African Union onshore in Somalia and the naval activities of the Southern Africa Development Community, and other States acting in a national capacity in cooperation with Somali authorities and each other to suppress piracy and to protect ships transiting through the waters off the coast of Somalia, and welcoming the Shared Awareness and Deconfliction Initiative (SHADE) and the efforts of individual countries, including China, India, the Islamic Republic of Iran, Japan, Republic of Korea, and the Russian Federation, which have deployed naval counter-piracy missions in the region,

Noting the efforts of flag States for taking measures to permit vessels sailing under their flag transiting the High Risk Area (HRA) to embark vessel protection detachments and privately contracted armed security personnel (PCASP), and to allow charters that favour arrangements that make use of such measures, while urging States to regulate such activities in accordance with applicable international law,

Noting that HRA boundaries are set and defined by the insurance and maritime industry, and have been redefined in October 2015,

Welcoming the capacity-building efforts in the region made by the International Maritime Organization (IMO) funded Djibouti Code of Conduct, the Trust Fund and the European Union’s activities under the EU Mission on Regional Maritime Capacity in the Horn of Africa (EUCAP Nestor), which is working with the Federal Government of Somalia to strengthen its criminal justice system, and recognizing the need for all engaged international and regional organizations to coordinate and cooperate fully,

Supporting the development of a coastal police force, noting with appreciation the efforts made by the IMO and the shipping industry to develop and update guidance, best management practices, and recommendations to assist ships to prevent and suppress piracy attacks off the coast of Somalia, including in the Gulf of Aden, and in relevant parts of the Indian Ocean that are still within the High Risk Area and recognizing the work of the IMO and the CGPCS in this regard, noting the efforts of the International Organization for Standardization, which has developed industry standards of training and certification for Private Maritime Security Companies when providing PCASP on board ships in high-risk areas, and further welcoming the European Union’s EUCAP Nestor, which is working to develop the maritime security capacities of Somalia,

Underlining the importance of continuing to enhance the collection, preservation, and transmission to competent authorities of evidence of acts of piracy and armed robbery at sea off the coast of Somalia, and welcoming the on-going work of the IMO, INTERPOL, and industry groups to develop guidance to seafarers on preservation of crime scenes following acts of piracy, and noting the importance of enabling seafarers to give evidence in criminal proceedings to prosecute acts of piracy,

Further recognizing that pirate networks continue to rely on kidnapping and hostage-taking to help generate funding to purchase weapons, gain recruits, and continue their operational activities, thereby jeopardizing the safety and security of civilians and restricting the flow of commerce, and welcoming international efforts to coordinate the work of investigators and prosecutors, inter alia, through the Law Enforcement Task Force and collect and share information to disrupt the pirate enterprise, as exemplified by INTERPOL’s Global Database on Maritime Piracy, and taking note of the ongoing efforts of the Regional Fusion and Law Enforcement Centre for Safety and Security at Sea, hosted by Seychelles to combat piracy and transnational organized crime,

Reaffirming international condemnation of acts of kidnapping and hostage-taking, including offences contained within the International Convention against the Taking of Hostages, strongly condemning the continuing practice of hostage-taking by pirates operating off the coast of Somalia, expressing serious concern at the inhumane conditions hostages face in captivity, recognizing the adverse impact on their families, calling for the immediate release of all hostages, and noting the importance of cooperation between Member States on the issue of hostage-taking and the prosecution of suspected pirates for taking hostages,

Commending Kenya, Mauritius, Tanzania, and Seychelles, for their efforts to prosecute suspected pirates in their national courts, and noting with appreciation the assistance provided by the UNODC Maritime Crime Programme, the Trust Fund, and other international organizations and donors, in coordination with the CGPCS, to support Kenya, Mauritius, Seychelles, Tanzania, Somalia, and other States in the region with their efforts to prosecute, or incarcerate in a third State after prosecution elsewhere, pirates, including facilitators and financiers ashore, consistent with applicable international human rights law, and emphasizing the need for States and international organizations to further enhance international efforts in this regard,

Welcoming the readiness of the national and regional administrations of Somalia to cooperate with each other and with States who have prosecuted suspected pirates with a view to enabling convicted pirates to be repatriated back to Somalia under suitable prisoner transfer arrangements, consistent with applicable international law, including international human rights law, and acknowledging the return from Seychelles to Somalia of convicted prisoners willing and eligible to serve their sentences in Somalia,

Welcoming the establishment of the Maritime Security Coordination Committee (MSCC), as an important mechanism of information sharing and encourages it to begin work as soon as possible,

Expressing serious concern over recent reports of illegal fishing in Somalia’s Exclusive Economic Zone (EEZ), and noting the complex relationship between illegal fishing and piracy,

Recognizing the ongoing efforts of the Federal Government of Somalia towards the development of a legal regime for the distribution of fishing licenses, and encouraging further efforts in this regard, with the support of the international community,

Recalling the reports of the Secretary General which illustrate the seriousness of piracy and armed robbery at sea off the coast of Somalia and provide useful guidance for the investigation and prosecution of pirates, including on specialized anti-piracy courts,

Stressing the need for States to consider possible methods to assist the seafarers who are victims of pirates, and welcoming in this regard the efforts of the “Hostage Support Programme” and the Piracy Survivor Family Fund launched at the 2014 CGPCS to provide support to hostages during their release and return home, as well as to their families throughout the hostage situation,

Recognizing the progress made by the CGPCS and UNODC in the use of public information tools to raise awareness of the dangers of piracy and highlight the best practices to eradicate this criminal phenomenon,

Further noting with appreciation the on-going efforts by UNODC to support efforts to enhance Somalia’s maritime security and law enforcement capacities, and also noting efforts by UNODC and UNDP and the funding provided by the Trust Fund, the European Union, the United Kingdom, the United States, and other donors to develop regional judicial and law enforcement capacity to investigate, arrest, and prosecute suspected pirates and to incarcerate convicted pirates consistent with applicable international human rights law,

Bearing in mind the Djibouti Code of Conduct concerning the Repression of Piracy and Armed Robbery against Ships in the Western Indian Ocean and the Gulf of Aden, noting the operations of information-sharing centres in Yemen, Kenya, and Tanzania, recognizing the efforts of signatory States to develop the appropriate regulatory and legislative frameworks to combat piracy, enhance their capacity to patrol the waters of the region, interdict suspect vessels, and prosecute suspected pirates,

Emphasizing that peace and stability within Somalia, the strengthening of State institutions, economic and social development, and respect for human rights and the rule of law are necessary to create the conditions for a durable eradication of piracy and armed robbery at sea off the coast of Somalia, and further emphasizing that Somalia’s long-term security rests with the effective development by Somali authorities of the Somali National Security Forces,

Welcoming the Padang Communique and Maritime Cooperation Declaration adopted by the Indian Ocean Rim Association (IORA) at its 15th Council of Ministers meeting, which call upon members to support and strengthen cooperation to address maritime challenges including piracy and illegal trafficking of drugs, and which note Somalia’s impending membership in the IORA before its next Council of Ministers meeting, thereby strengthening Somalia’s cooperation with its neighbours on maritime safety and security,

Recognizing that the ongoing instability in Somalia and the acts of piracy and armed robbery at sea off its coast are inextricably linked, and stressing the need to continue the comprehensive response by the international community to repress piracy and armed robbery at sea and tackle its underlying causes, and further recognizing the need to undertake long-term and sustainable efforts to repress piracy and the need to create adequate economic opportunities for the citizens of Somalia,

Determining that the incidents of piracy and armed robbery at sea off the coast of Somalia, as well as the activity of pirate groups in Somalia, are an important factor exacerbating the situation in Somalia, which continues to constitute a threat to international peace and security in the region,

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

  • 1. Reiterates that it condemns and deplores all acts of piracy and armed robbery at sea off the coast of Somalia;

  • 2. While noting improvements in Somalia, recognizes that piracy exacerbates instability in Somalia by introducing large amounts of illicit cash that fuels additional crime and corruption;

  • 3. Stresses the need for a comprehensive response to prevent and suppress piracy and tackle its underlying causes by the international community;

  • 4. Underlines the primary responsibility of the Somali authorities in the fight against piracy and armed robbery at sea off the coast of Somalia, welcomes the draft coast guard law which the Somali authorities, with the support of the European Union Naval Force (EUNAVFOR) Operation Atalanta and EUCAP Nestor have submitted to the Council of Ministers for approval by Parliament and urges the Somali authorities, to continue their work to pass a comprehensive set of anti-piracy and maritime laws without further delay and establish security forces with clear roles and jurisdictions to enforce these laws and to continue to develop, with international support as appropriate, the capacity of Somali courts to investigate and prosecute persons responsible for acts of piracy and armed robbery, including key figures of criminal networks involved in piracy who plan, organize, facilitate, or illicitly finance or profit from such attacks;

  • 5. Recognizes the need to continue investigating and prosecuting those who plan, organize, or illicitly finance or profit from pirate attacks off the coast of Somalia, including key figures of criminal networks involved in piracy, urges States, working in conjunction with relevant international organizations, to adopt legislation to facilitate prosecution of suspected pirates off the coast of Somalia;

  • 6. Calls upon the Somali authorities to interdict, and upon interdiction to have mechanisms in place to safely return effects seized by pirates, investigate and prosecute pirates and to patrol the territorial waters off the coast of Somalia to prevent and suppress acts of piracy and armed robbery at sea;

  • 7. Calls upon the Somali authorities to make all efforts to bring to justice those who are using Somali territory to plan, facilitate, or undertake criminal acts of piracy and armed robbery at sea, and calls upon Member States to assist Somalia, at the request of Somali authorities and with notification to the Secretary-General, to strengthen maritime capacity in Somalia, including regional authorities and, stresses that any measures undertaken pursuant to this paragraph shall be consistent with applicable international law, in particular international human rights law;

  • 8. Calls upon States to cooperate also, as appropriate, on the issue of hostage taking, and the prosecution of suspected pirates for taking hostages;

  • 9. Calls for the immediate and unconditional release of all seafarers held hostage by Somali pirates, and further calls upon the Somali authorities and all relevant stakeholders to redouble their efforts to secure their safe and immediate release;

  • 10. Welcomes the initiative of the Seychelles authorities to establish a court for piracy and maritime crime and further welcomes the commencing of the first trial before it;

  • 11. Recognizes the need for States, international and regional organizations, and other appropriate partners to exchange evidence and information for anti-piracy law enforcement purposes with a view to ensuring effective prosecution of suspected, and imprisonment of convicted, pirates and with a view to the arrest and prosecution of key figures of criminal networks involved in piracy who plan, organize, facilitate, or illicitly finance and profit from piracy operations, and keeps under review the possibility of applying targeted sanctions against individuals or entities that plan, organize, facilitate, or illicitly finance or profit from piracy operations if they meet the listing criteria set out in paragraph 43 of resolution 2093 (2013), and calls upon all States to cooperate fully with the Somalia and Eritrea Monitoring Group, including on information-sharing regarding possible violations of the arms embargo or charcoal ban;

  • 12. Renews its call upon States and regional organizations that are able to do so to take part in the fight against piracy and armed robbery at sea off the coast of Somalia, in particular, consistent with this resolution and international law, by deploying naval vessels, arms, and military aircraft, by providing basing and logistical support for counter-piracy forces, and by seizing and disposing of boats, vessels, arms, and other related equipment used in the commission of piracy and armed robbery at sea off the coast of Somalia, or for which there are reasonable grounds for suspecting such use;

  • 13. Highlights the importance of coordination among States and international organizations in order to deter acts of piracy and armed robbery at sea off the coast of Somalia, commends the work of the CGPCS to facilitate such coordination in cooperation with the IMO, flag States, and Somali authorities, and urges continued support of these efforts;

  • 14. Encourages Member States to continue to cooperate with Somali authorities in the fight against piracy and armed robbery at sea, notes the primary role of Somali authorities in the fight against piracy and armed robbery at sea off the coast of Somalia, and decides that, for a further period of twelve months from the date of this resolution to renew the authorizations as set out in paragraph 10 of resolution 1846 (2008) and paragraph 6 of resolution 1851 (2008), as renewed by paragraph 7 of resolution 1897 (2009), paragraph 7 of resolution 1950 (2010), paragraph 9 of resolution 2020 (2011), paragraph 12 of resolution 2077 (2012), paragraph 12 of resolution 2125 (2013), and paragraph 13 of resolution 2184 (2014) granted to States and regional organizations cooperating with Somali authorities in the fight against piracy and armed robbery at sea off the coast of Somalia, for which advance notification has been provided by Somali authorities to the Secretary-General;

  • 15. Affirms that the authorizations renewed in this resolution apply only with respect to the situation in Somalia and shall not affect the rights, obligations, or responsibilities of Member States under international law, including any rights or obligations under The Convention, with respect to any other situation, and underscores in particular that this resolution shall not be considered as establishing customary international law; and affirms further that such authorizations have been renewed based on the receipt of the 4 November 2014 letter conveying the consent of Somali authorities;

  • 16. Decides that the arms embargo on Somalia imposed by paragraph 5 of resolution 733 (1992) and further elaborated upon by paragraphs 1 and 2 of resolution 1425 (2002) and modified by paragraphs 33 to 38 of resolution 2093 does not apply to supplies of weapons and military equipment or the provision of assistance destined for the sole use of Member States, international, regional, and subregional organizations undertaking measures in accordance with paragraph 14 above;

  • 17. Requests that cooperating States take appropriate steps to ensure that the activities they undertake pursuant to the authorizations in paragraph 14 do not have the practical effect of denying or impairing the right of innocent passage to the ships of any third State;

  • 18. Calls upon all States, and in particular flag, port, and coastal States, States of the nationality of victims and perpetrators of piracy and armed robbery, and other States with relevant jurisdiction under international law and national legislation, to cooperate in determining jurisdiction and in the investigation and prosecution of all persons responsible for acts of piracy and armed robbery off the coast of Somalia, including key figures of criminal networks involved in piracy who plan, organize, facilitate, or illicitly finance or profit from such attack, consistent with applicable international law including international human rights law, to ensure that all pirates handed over to judicial authorities are subject to a judicial process, and to render assistance by, among other actions, providing disposition and logistics assistance with respect to persons under their jurisdiction and control, such as victims, witnesses, and persons detained as a result of operations conducted under this resolution;

  • 19. Calls upon all States to criminalize piracy under their domestic law and to favourably consider the prosecution of suspected, and imprisonment of those convicted, pirates apprehended off the coast of Somalia, and their facilitators and financiers ashore, consistent with applicable international law, including international human rights law, and decides to keep these matters under review, including, as appropriate, the establishment of specialized anti-piracy courts in Somalia with substantial international participation and/or support as set forth in resolution 2015 (2011), and encourages the CGPCS to continue its discussions in this regard;

  • 20. Welcomes, in this context, the UNODC Maritime Crime Programme’s continued work with authorities in Somalia and in neighbouring States to ensure that individuals suspected of piracy are prosecuted and those convicted are imprisoned in a manner consistent with international law, including international human rights law;

  • 21. Encourages the Federal Government of Somalia to accede to the United Nations Convention Against Transnational Organized Crime, as part of its efforts to target money laundering and financial support structures on which piracy networks survive;

  • 22. Urges all States to take appropriate actions under their existing domestic law to prevent the illicit financing of acts of piracy and the laundering of its proceeds;

  • 23. Urges States, in cooperation with INTERPOL and Europol, to further investigate international criminal networks involved in piracy off the coast of Somalia, including those responsible for illicit financing and facilitation;

  • 24. Urges all States to ensure that counter-piracy activities, particularly land-based activities, take into consideration the need to protect women and children from exploitation, including sexual exploitation;

  • 25. Urges all States to share information with INTERPOL for use in the global piracy database, through appropriate channels;

  • 26. Commends the contributions of the Trust Fund and the IMO-funded Djibouti Code of Conduct and urges both state and non-State actors affected by piracy, most notably the international shipping community, to contribute to them;

  • 27. Urges States parties to The Convention and the SUA Convention to implement fully their relevant obligations under these conventions and customary international law and to cooperate with the UNODC, IMO, and other States and international organizations to build judicial capacity for the successful prosecution of persons suspected of piracy and armed robbery at sea off the coast of Somalia;

  • 28. Acknowledges the recommendations and guidance provided by the IMO on preventing and suppressing piracy and armed robbery at sea; and urges States, in collaboration with the shipping and insurance industries and the IMO, to continue to develop and implement avoidance, evasion, and defensive best practices and advisories to take when under attack or when sailing in the waters off the coast of Somalia, and further urges States to make their citizens and vessels available for forensic investigation as appropriate at the first suitable port of call immediately following an act or attempted act of piracy or armed robbery at sea or release from captivity;

  • 29. Encourages flag States and port States to further consider the development of safety and security measures on board vessels, including, where applicable, developing regulations for the use of PCASP on board ships, aimed at preventing and suppressing piracy off the coast of Somalia, through a consultative process, including through the IMO and ISO;

  • 30. Invites the IMO to continue its contributions to the prevention and suppression of acts of piracy and armed robbery against ships, in coordination, in particular, with the UNODC, the World Food Program (WFP), the shipping industry, and all other parties concerned, and recognizes the IMO’s role concerning privately contracted armed security personnel on board ships in high-risk areas;

  • 31. Notes the importance of securing the safe delivery of WFP assistance by sea, and welcomes the ongoing work by the WFP, EUNAVFOR Operation Atalanta, and flag States with regard to Vessel Protection Detachments on WFP vessels;

  • 32. Requests States and regional organizations cooperating with Somali authorities to inform the Security Council and the Secretary-General in nine months of the progress of actions undertaken in the exercise of the authorizations provided in paragraph 14 above and further requests all States contributing through the CGPCS to the fight against piracy off the coast of Somalia, including Somalia and other States in the region, to report by the same deadline on their efforts to establish jurisdiction and cooperation in the investigation and prosecution of piracy;

  • 33. Requests the Secretary-General to report to the Security Council within eleven months of the adoption of this resolution on the implementation of this resolution and on the situation with respect to piracy and armed robbery at sea off the coast of Somalia;

  • 34. Expresses its intention to review the situation and consider, as appropriate, renewing the authorizations provided in paragraph 14 above for additional periods upon the request of Somali authority;

  • 35. Decides to remain seized of the matter.

Op 17 december 2015 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7587e zitting Resolutie 2253 (2015) ) inzake bedreigingen van de internationale vrede en veiligheid veroorzaakt door terroristische handelingen aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2253 (2015)
Adopted by the Security Council at its 7587th meeting, on 17 December 2015

The Security Council,

Recalling its resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1373 (2001), 1390 (2002), 1452 (2002), 1455 (2003), 1526 (2004), 1566 (2004), 1617 (2005), 1624 (2005), 1699 (2006), 1730 (2006), 1735 (2006), 1822 (2008), 1904 (2009), 1988 (2011), 1989 (2011), 2083 (2012), 2133 (2014), 2170 (2014), 2178 (2014), 2195 (2014), 2199 (2015), 2214 (2015), and 2249 (2015),

Reaffirming that terrorism in all forms and manifestations constitutes one of the most serious threats to peace and security and that any acts of terrorism are criminal and unjustifiable regardless of their motivations, whenever, wherever, and by whomsoever committed, and reiterating its unequivocal condemnation of the Islamic State in Iraq and the Levant (ISIL, also known as Da’esh), Al-Qaida, and associated individuals, groups, undertakings, and entities for ongoing and multiple criminal terrorist acts aimed at causing the deaths of innocent civilians and other victims, destruction of property, and greatly undermining stability,

Recognizing that terrorism poses a threat to international peace and security and that countering this threat requires collective efforts on national, regional and international levels on the basis of respect for international law and the Charter of the United Nations,

Reaffirming that terrorism cannot and should not be associated with any religion, nationality, or civilization,

Expressing its gravest concern about the presence, violent extremist ideology and actions of ISIL, Al-Qaida, and their affiliates in the Middle East and North Africa and beyond,

Reaffirming its commitment to sovereignty, territorial integrity and political independence of all States in accordance with the Charter of the United Nations,

Recalling the Presidential Statements of the Security Council on threats to international peace and security caused by terrorist acts of 15 January 2013 (S/PRST/2013/1), of 28 July 2014 (S/PRST/2014/14), of 19 November 2014 (S/PRST/2014/23), of 29 May 2015 (S/PRST/2015/11), and of 28 July 2015 (S/PRST/2015/14),

Reaffirming the need to combat by all means, in accordance with the Charter of the United Nations and international law, including applicable international human rights law, international refugee law, and international humanitarian law, threats to international peace and security caused by terrorist acts, stressing in this regard the important role the United Nations plays in leading and coordinating this effort,

Recognizing that development, security, and human rights are mutually reinforcing and are vital to an effective and comprehensive approach to countering terrorism, and underlining that a particular goal of counter-terrorism strategies should be to ensure sustainable peace and security,

Reaffirming its resolution 1373 (2001) and in particular its decisions that all States shall prevent and suppress the financing of terrorist acts and refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts, including by suppressing recruitment of members of terrorist groups and eliminating the supply of weapons to terrorists,

Stressing that terrorism can only be defeated by a sustained and comprehensive approach involving the active participation and collaboration of all States and international and regional organizations to impede, impair, isolate, and incapacitate the terrorist threat,

Emphasizing that sanctions are an important tool under the Charter of the United Nations in the maintenance and restoration of international peace and security, including in support of countering terrorism, and stressing in this regard the need for robust implementation of the measures in paragraph 2 of this resolution,

Recalling that ISIL is a splinter group of Al-Qaida, and recalling further that any individual, group, undertaking, or entity supporting ISIL or Al-Qaida is eligible for listing,

Condemning the frequent, recent terrorist attacks perpetrated by ISIL around the world resulting in numerous casualties, recognizing the need for sanctions to reflect current threats and, in this regard, recalling paragraph 7 of resolution 2249,

Reminding all States that they have an obligation to take the measures described in paragraph 2 with respect to all individuals, groups, undertakings, and entities included on the list created pursuant to resolutions 1267 (1999), 1333 (2000), 1989 (2011), 2083 (2012), and 2161 (2014) (now and hereunder referred to as the “ISIL (Da’esh) & Al-Qaida Sanctions List”), regardless of the nationality or residence of such individuals, groups, undertakings, or entities,

Urging all Member States to participate actively in maintaining and updating the ISIL (Da’esh) & Al-Qaida Sanctions List by contributing additional information pertinent to current listings, submitting delisting requests when appropriate, and by identifying and nominating for listing additional individuals, groups, undertakings, and entities which should be subject to the measures referred to in paragraph 2 of this resolution,

Reminding the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) (“the Committee”) to remove expeditiously and on a case-by-case basis individuals, groups, undertakings, and entities that no longer meet the criteria for listing outlined in this resolution, welcoming improvements to the Committee’s procedures and the format of the ISIL (Da’esh) & Al-Qaida Sanctions List, expressing its intent to continue efforts to ensure that procedures are fair and clear, and recognizing the challenges, both legal and otherwise, to the measures implemented by Member States under paragraph 2 of this resolution,

Recognizing the importance of building capacities of Member States to counter terrorism and terrorist financing,

Welcoming again the establishment of the Office of the Ombudsperson pursuant to resolution 1904 (2009) and the enhancement of the Ombudsperson’s mandate in resolutions 1989 (2011), 2083 (2012), and 2161 (2015), noting the Office of the Ombudsperson’s significant contribution in providing additional fairness and transparency, and recalling the Security Council’s firm commitment to ensuring that the Office of the Ombudsperson is able to continue to carry out its role effectively and independently, in accordance with its mandate,

Welcoming the Ombudsperson’s biannual reports to the Security Council, including the reports submitted on 21 January 2011, 22 July 2011, 20 January 2012, 30 July 2012, 31 January 2013, 31 July 2013, 31 January 2014, 31 July 2014, and 2 February 2015,

Welcoming the continuing cooperation between the Committee and INTERPOL, the United Nations Office on Drugs and Crime, in particular on technical assistance and capacity-building, and all other United Nations bodies, and strongly encouraging further engagement with the United Nations Counter-Terrorism Implementation Task Force (CTITF) to ensure overall coordination and coherence in the counter-terrorism efforts of the United Nations system,

Recalling its resolutions 2199 (2015) and 2133 (2014) strongly condemning kidnapping and hostage-taking committed by terrorist groups for any purpose, including with the aim of raising funds or gaining political concessions, expressing its determination to prevent kidnapping and hostage-taking committed by terrorist groups and to secure the safe release of hostages without ransom payments or political concessions in accordance with applicable international law, reiterating its call upon all Member States to prevent terrorists from benefiting directly or indirectly from ransom payments or from political concessions and to secure the safe release of hostages, and welcoming the endorsement by the Global Counterterrorism Forum (GCTF) in September 2015 of the “Addendum to the Algiers Memorandum on Good Practices on Preventing and Denying the Benefits of Kidnapping for Ransom by Terrorists”,

Gravely concerned that in some cases ISIL, Al-Qaida, and associated individuals, groups, undertakings, and entities continue to profit from involvement in transnational organized crime, and expressing concern that terrorists benefit from transnational organized crime in some regions, including from the trafficking of arms, persons, drugs, and artefacts, and from the illicit trade in natural resources including gold and other precious metals and stones, minerals, wildlife, charcoal and oil, as well as from kidnapping for ransom and other crimes including extortion and bank robbery,

Recognizing the need to take measures to prevent and suppress the financing of terrorism, terrorist organizations, and individual terrorists even in the absence of a link to a specific terrorist act, including from the proceeds of organized crime, inter alia, the illicit production and trafficking of drugs and their chemical precursors, and recalling paragraph 5 of resolution 1452,

Recognizing the need for Member States to prevent the abuse of non-governmental, non-profit and charitable organizations by and for terrorists, and calling upon non-governmental, non-profit, and charitable organizations to prevent and oppose, as appropriate, attempts by terrorists to abuse their status, while recalling the importance of fully respecting the rights to freedom of expression and association of individuals in civil society and freedom of religion or belief, and welcoming the relevant updated Best Practices Paper issued by the Financial Action Task Force for the appropriate, risk-based implementation of the international standard related to preventing terrorist abuse of the non-profit sector,

Recalling its decision that Member States shall eliminate the supply of weapons, including small arms and light weapons, to terrorists, as well as its calls on States to find ways of intensifying and accelerating the exchange of operational information regarding traffic in arms, and to enhance coordination of efforts on national, subregional, regional, and international levels,

Expressing concern at the increased use, in a globalized society, by terrorists and their supporters, of new information and communications technologies, in particular the Internet, to facilitate terrorist acts, and condemning their use to incite, recruit, fund, or plan terrorist acts,

Expressing concern at the flow of international recruits to ISIL, Al-Qaida, and associated groups and the scale of this phenomenon, and recalling its resolution 2178 (2014) deciding that Member States shall, consistent with international human rights law, international refugee law, and international humanitarian law, prevent and suppress the recruiting, organizing, transporting, or equipping of foreign terrorist fighters and the financing of their travel and of their activities,

Reiterating the obligation of Member States to prevent the entry into or transit through their territories of any individual about whom that State has credible information that provides reasonable grounds to believe that he or she is seeking entry into or transit through their territory for the purpose of participating in the foreign terrorist fighter-related activities described in paragraph 6 of resolution 2178 (2014), and reiterating further the obligation of Member States to prevent the movement of terrorist groups, in accordance with applicable international law, by, inter alia, effective border controls, and, in this context, to exchange information expeditiously, improve cooperation among competent authorities to prevent the movement of terrorists and terrorist groups to and from their territories, the supply of weapons for terrorists, and financing that would support terrorists,

Condemning any engagement in direct or indirect trade, in particular of oil and oil products, modular refineries, and related materiel including chemicals and lubricants, with ISIL, ANF, and associated individuals, groups, undertakings, and entities designated by the Committee pursuant to resolutions 1267 (1999) and 1989 (2011), and reiterating that such engagement would constitute support for such individuals, groups, undertakings, and entities and may lead to further listings by the Committee,

Condemning the destruction of cultural heritage in Iraq and Syria particularly by ISIL and ANF, including targeted destruction of religious sites and objects; and recalling its decision that all Member States shall take appropriate steps to prevent the trade in Iraqi and Syrian cultural property and other items of archaeological, historical, cultural, rare scientific, and religious importance illegally removed from Iraq since 6 August 1990 and from Syria since 15 March 2011, including by prohibiting cross-border trade in such items, thereby allowing for their eventual safe return to the Iraqi and Syrian people,

Recalling its resolution 2178 (2014) expressing concern with the continued threat posed to international peace and security by ISIL, Al-Qaida, and associated individuals, groups, undertakings, and entities, and reaffirming its resolve to address all aspects of that threat, including terrorist acts perpetrated by foreign terrorist fighters,

Condemning in the strongest terms ‎abductions of women and children by ISIL, ANF, and associated individuals, groups, undertakings, and entities and recalling resolution 2242 (2015), expressing outrage at their exploitation and abuse, including rape, sexual violence, forced marriage, and enslavement by these entities, encouraging all State and non-state actors with evidence to bring it to the attention of the Council, along with any information that such human trafficking may support the perpetrators financially, emphasizing that this resolution requires States to ensure that their nationals and persons within their territory do not make available any funds, financial assets or economic resources for ISIL’s benefit, and noting that any person or entity who transfers funds to ISIL directly or indirectly in connection with such exploitation and abuse would be eligible for listing by the Committee,

Welcoming the efforts of the Secretariat to standardize the format of all United Nations sanctions lists to facilitate implementation by national authorities, further welcoming the Secretariat’s efforts to translate all list entries and narrative summaries of reasons for listing available in all official languages of the United Nations, and encouraging the Secretariat, with the assistance of the Monitoring Team, as appropriate, to continue its work to implement the data model approved by the Committee,

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

Measures

  • 1. Decides that, from the date of adoption of this resolution, the 1267/1989 Al-Qaida Sanctions Committee shall henceforth be known as the “1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee” and the Al-Qaida Sanctions List shall henceforth be known as the “ISIL (Da’esh) and Al-Qaida Sanctions List”;

  • 2. Decides that all States shall take the following measures as previously imposed by paragraph 8 (c) of resolution 1333 (2000), paragraphs 1 and 2 of resolution 1390 (2002), and paragraphs 1 and 4 of resolution 1989 (2011), with respect to ISIL (also known as Da’esh), Al-Qaida, and associated individuals, groups, undertakings and entities:

Asset Freeze

  • a) Freeze without delay the funds and other financial assets or economic resources of these individuals, groups, undertakings and entities, including funds derived from property owned or controlled directly or indirectly, by them or by persons acting on their behalf or at their direction, and ensure that neither these nor any other funds, financial assets or economic resources are made available, directly or indirectly for such persons’ benefit, by their nationals or by persons within their territory;

Travel Ban

  • b) Prevent the entry into or transit through their territories of these individuals, provided that nothing in this paragraph shall oblige any State to deny entry or require the departure from its territories of its own nationals and this paragraph shall not apply where entry or transit is necessary for the fulfilment of a judicial process or the Committee determines on a case-by-case basis only that entry or transit is justified;

Arms Embargo

  • c) Prevent the direct or indirect supply, sale, or transfer to these individuals, groups, undertakings and entities from their territories or by their nationals outside their territories, or using their flag vessels or aircraft, of arms and related materiel of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical advice, assistance or training related to military activities;

Listing Criteria

  • 3. Decides that acts or activities indicating that an individual, group, undertaking or entity is associated with ISIL or Al-Qaida and therefore eligible for inclusion in the ISIL (Da’esh) & Al-Qaida Sanctions List include:

    • a) Participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of;

    • b) Supplying, selling or transferring arms and related materiel to;

    • c) Recruiting for; or otherwise supporting acts or activities of Al-Qaida, ISIL, or any cell, affiliate, splinter group or derivative thereof;

  • 4. Notes that such means of financing or support include but are not limited to the use of proceeds derived from crime, including the illicit cultivation, production and trafficking of narcotic drugs and their precursors;

  • 5. Confirms that any individual, group, undertaking or entity either owned or controlled, directly or indirectly, by, or otherwise supporting, any individual, group, undertaking or entity associated with Al-Qaida or ISIL, including on the ISIL (Da’esh) & Al-Qaida Sanctions List, shall be eligible for listing;

  • 6. Confirms that the requirements in paragraph 2 (a) above apply to financial and economic resources of every kind, including but not limited to those used for the provision of Internet hosting and related services, used for the support of Al-Qaida, ISIL, and other individuals, groups, undertakings or entities included on the ISIL (Da’esh) & Al-Qaida Sanctions List;

  • 7. Confirms that the requirements in paragraph 2 (a) above apply to funds, financial assets or economic resources that may be made available, directly or indirectly, to or for the benefit of listed individuals in connection with their travel, including costs incurred with respect to transportation and lodging, and that such travel-related funds, other financial assets or economic resources may only be provided in accordance with the exemption procedures set out in paragraphs 1 and 2 of resolution 1452 (2002), as amended by resolution 1735 (2006), and in paragraphs 10, 74 and 75 below;

  • 8. Confirms further that the requirements in paragraph 2 (a) above shall also apply to the payment of ransoms to individuals, groups, undertakings or entities on the ISIL (Da’esh) & Al-Qaida Sanctions List, regardless of how or by whom the ransom is paid;

  • 9. Reaffirms that Member States may permit the addition to accounts frozen pursuant to the provisions of paragraph 2 above of any payment in favour of listed individuals, groups, undertakings or entities, provided that any such payments continue to be subject to the provisions in paragraph 2 above and are frozen;

  • 10. Encourages Member States to make use of the provisions regarding available exemptions to the measures in paragraph 2 (a) above, set out in paragraphs 1 and 2 of resolution 1452 (2002), as amended by resolution 1735 (2006), confirms that exemptions to the travel ban must be submitted by Member States, individuals or the Ombudsperson, as appropriate, including when listed individuals travel for the purpose of fulfilling religious obligations, and notes that the Focal Point mechanism established in resolution 1730 (2006) may receive exemption requests submitted by, or on behalf of, an individual, group, undertaking or entity on the ISIL (Da’esh) & Al-Qaida Sanctions List, or by the legal representative or estate of such individual, group, undertaking or entity, for Committee consideration, as described in paragraph 76 below;

Measures implementation

  • 11. Reiterates the importance of all States identifying, and if necessary introducing, adequate procedures to implement fully all aspects of the measures described in paragraph 2 above;

  • 12. Reaffirms that those responsible for committing, organizing, or supporting terrorist acts must be held accountable, recalls its decision in resolution 1373 (2001) that Member States shall afford one another the greatest measure of assistance in connection with criminal investigations or criminal proceedings relating to the financing or support of terrorist acts, including assistance in obtaining evidence in their possession necessary for the proceedings, underlines the importance of fulfilling this obligation with respect to such investigations or proceedings involving ISIL, Al-Qaida and associated individuals, groups, undertakings and entities, and urges Member States to provide full coordination in such investigations or proceedings, especially with those States where, or against whose citizens, terrorist acts are committed, in accordance with their obligations under international law, in order to find and bring to justice, extradite, or prosecute any person who supports, facilitates, participates or attempts to participate in the direct or indirect financing of activities conducted by ISIL, Al-Qaida and associated individuals, groups, undertakings and entities;

  • 13. Reiterates Member States’ obligation to ensure that their nationals and persons in their territory not make available economic resources to ISIL, Al-Qaida, and associated individuals, groups, undertakings, and entities, recalls also that this obligation applies to the direct and indirect trade in oil and refined oil products, modular refineries, and related material including chemicals and lubricants, and other natural resources, and recalls further the importance of all Member States complying with their obligation to ensure that their nationals and persons within their territory do not make donations to individuals and entities designated by the Committee or those acting on behalf of or at the direction of designated individuals or entities;

  • 14. Encourages all Member States to more actively submit to the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) listing requests of individuals and entities supporting ISIL, Al-Qaida, and associated individuals, groups, undertakings and entities, and directs the Committee to immediately consider, in accordance with its resolution 2199 (2015), designations of individuals and entities engaged in financing, supporting, facilitating acts or activities, including in oil and antiquities trade-related activities with ISIL, Al-Qaida, and associated individuals, groups, undertakings and entities;

  • 15. Expresses increasing concern about the lack of implementation of resolutions 1267 (1999), 1989 (2011), and 2199 (2015), including the insufficient level of reporting by Member States to the Committee on the measures they have taken to comply with its provisions and calls upon Member States to take the necessary measures to fulfil their obligation under paragraph 12 of resolution 2199 to report to the Committee interdictions in their territory of any oil, oil products, modular refineries, and related material being transferred to or from ISIL or ANF, and calls upon Member States to report also such interdictions of antiquities, as well as the outcome of proceedings brought against individuals and entities as a result of any such activity;

  • 16. Strongly urges all Member States to implement the comprehensive international standards embodied in the Financial Action Task Force’s (FATF) revised Forty Recommendations on Combating Money Laundering and the Financing of Terrorism and Proliferation, particularly Recommendation 6 on targeted financial sanctions related to terrorism and terrorist financing; to apply the elements in FATF’s Interpretive Note to Recommendation 6, with the final objective of effectively preventing terrorists from raising, moving and using funds, in line with the objectives of Immediate Outcome 10 of the FATF methodology; to take note of, inter alia, related best practices for effective implementation of targeted financial sanctions related to terrorism and terrorist financing and the need to have appropriate legal authorities and procedures to apply and enforce targeted financial sanctions that are not conditional upon the existence of criminal proceedings; and to apply an evidentiary standard of proof of “reasonable grounds” or “reasonable basis”, as well as the ability to collect or solicit as much information as possible from all relevant sources;

  • 17. Welcomes the recent FATF reports on the Financing of the Terrorist Organization ISIL (published February 2015) and Emerging Terrorist Financing Risks (published October 2015) that includes discussion of the ISIL threat, welcomes further the FATF clarifications to Interpretive Note to Recommendation 5 on the criminalization of terrorist financing to incorporate the relevant element of resolution 2178 (2014), specifically clarifying that terrorist financing includes the financing of the travel of individuals who travel or attempt to travel to a State other than their States of residence or nationality for the purpose of the perpetration, planning, or preparation of, or participation in, terrorist acts or the providing or receiving of terrorist training, and highlights that FATF Recommendation 5 applies to the financing of terrorist organizations or individual terrorists for any purpose, including but not limited to recruitment, training, or travel, even in the absence of a link to a specific terrorist act;

  • 18. Encourages FATF to continue its efforts to prioritize countering terrorist financing, in particular identifying and working with Member States with strategic anti-money laundering and countering terrorist financing (AML/CFT) deficiencies that have hindered Member States from effectively countering the financing of terrorism, including by ISIL, Al-Qaida, and associated individuals, group, entities and undertakings, and in this regard, reiterates that the provision of economic resources to such groups is a clear violation of this and other relevant resolutions and is not acceptable;

  • 19. Clarifies that the obligation in paragraph 1 (d) of resolution 1373 (2001) applies to making funds, financial assets or economic resources or financial or other related services available, directly or indirectly, for the benefit of terrorist organizations or individual terrorists for any purpose, including but not limited to recruitment, training, or travel, even in the absence of a link to a specific terrorist act;

  • 20. Calls upon States to ensure that they have established as a serious criminal offence in their domestic laws and regulations the wilful violation of the prohibition described in paragraph 1 (d) of resolution 1373 (2001);

  • 21. Calls upon Member States to move vigorously and decisively to cut the flows of funds and other financial assets and economic resources to individuals and entities on the ISIL (Da’esh) & Al-Qaida Sanctions List, as required by paragraph 2 (a), and taking into account relevant FATF Recommendations and international standards designed to prevent the abuse of non-profit organizations, formal as well as informal/alternative remittance systems and the physical trans-border movement of currency, while working to mitigate the impact on legitimate activities through these mediums;

  • 22. Urges Member States to act cooperatively to prevent terrorists from recruiting, to counter their violent extremist propaganda and incitement to violence on the Internet and social media, including by developing effective counter narratives, while respecting human rights and fundamental freedoms and in compliance with obligations under international law, and stresses the importance of cooperation with civil society and the private sector in this endeavor;

  • 23. Urges Member States to promote awareness of the ISIL (Da’esh) & Al-Qaida Sanctions List as widely as possible, including to relevant domestic agencies, the private sector and the general public to ensure effective implementation of the measures in paragraph 2 above and encourages Member States to urge that their respective company, property and other relevant public and private registries regularly screen their available databases, including but not limited to those with legal and/or beneficial ownership information, against the ISIL (Da’esh) & Al-Qaida Sanctions List;

  • 24. Highlights the importance of strong relationships with the private sector in countering the financing of terrorism and calls upon Member States to engage with financial institutions and share information on terrorist financing (TF) risks to provide greater context for their work in identifying potential TF activity related to ISIL, Al-Qaida, and associated individuals, groups, undertakings and entities, and to promote stronger relationships between governments and the private sector in countering terrorist financing;

  • 25. Recognizes the importance of information sharing within and between governments to effectively counter the financing of terrorism, calls upon Member States to continue exercising vigilance over relevant financial transactions and improve information-sharing capabilities and practices within and between governments through multiple authorities and channels, including law enforcement, intelligence, security services, and financial intelligence units, and also calls upon Member States to improve integration and utilization of financial intelligence with other types of information available to national governments to more effectively counter the terrorist financing threats posed by ISIL, Al-Qaida, and associated individuals, groups, undertakings and entities;

  • 26. Decides that Member States, in order to prevent ISIL, Al-Qaida, and associated individuals, groups, undertakings, and entities from obtaining, handling, storing, using or seeking access to all types of explosives, whether military, civilian or improvised explosives, as well as to raw materials and components that can be used to manufacture improvised explosive devices or unconventional weapons, including (but not limited to) chemical components, detonators, detonating cord, or poisons, shall undertake appropriate measures to promote the exercise of enhanced vigilance by their nationals, persons subject to their jurisdiction and entities incorporated in their territory or subject to their jurisdiction that are involved in the production, sale, supply, purchase, transfer and storage of such materials, including through the issuance of good practices, and further encourages Member States to share information, establish partnerships, and develop national strategies and capabilities to counter improvised explosive devices;

  • 27. Encourages Member States, including through their permanent missions, and relevant international organizations to meet the Committee for in-depth discussion on any relevant issues;

  • 28. Urges all Member States, in their implementation of the measures set out in paragraph 2 above, to ensure that fraudulent, counterfeit, stolen and lost passports and other travel documents are invalidated and removed from circulation, in accordance with domestic laws and practices, as soon as possible, and to share information on those documents with other Member States through the INTERPOL database;

  • 29. Encourages Member States to share, in accordance with their domestic laws and practices, with the private sector information in their national databases related to fraudulent, counterfeit, stolen and lost identity or travel documents pertaining to their own jurisdictions, and, if a listed party is found to be using a false identity including to secure credit or fraudulent travel documents, to provide the Committee with information in this regard;

  • 30. Encourages Member States that issue travel documents to listed individuals to note, as appropriate, that the bearer is subject to the travel ban and corresponding exemption procedures;

  • 31. Encourages Member States to consult the ISIL (Da’esh) & Al-Qaida Sanctions List when considering whether to grant travel visa applications, for the purpose of effectively implementing the travel ban;

  • 32. Encourages Member States to exchange information expeditiously with other Member States, in particular States of origin, destination and transit, when they detect the travel of individuals on the ISIL (Da’esh) & Al-Qaida Sanctions List;

  • 33. Encourages designating States to inform the Monitoring Team whether a national court or other legal authority has reviewed a listed party’s case and whether any judicial proceedings have begun, and to include any other relevant information when submitting the standard form for listing;

  • 34. Encourages all Member States to designate national focal points in charge of liaising with the Committee and the Monitoring Team on issues related to the implementation of the measures described in paragraph 2 above and the assessment of the threat from ISIL, Al-Qaida, and associated individuals, groups, undertakings, and entities;

  • 35. Encourages all Member States to report to the Committee on obstacles to the implementation of the measures described in paragraph 2 above, with a view to facilitating technical assistance;

  • 36. Calls upon all States to submit an updated report to the Committee no later than 120 days from the date of adoption of this resolution on their implementation, including relevant enforcement actions as appropriate, of the measures referred to in paragraph 2 of this resolution;

The Committee

  • 37. Directs the Committee to continue to ensure that fair and clear procedures exist for placing individuals, groups, undertakings and entities on the ISIL (Da’esh) & Al-Qaida Sanctions List and for removing them as well as for granting exemptions per resolution 1452 (2002), and directs the Committee to keep its guidelines under active review in support of these objectives;

  • 38. Directs the Committee, as a matter of priority, to review its guidelines with respect to the provisions of this resolution, in particular paragraphs 23, 26, 30, 31, 34, 47, 52, 57, 59, 64, 77, 78, 80 and 81;

  • 39. Requests the Committee to report to the Council on its findings regarding Member States’ implementation efforts, and identify and recommend steps necessary to improve implementation;

  • 40. Directs the Committee to identify possible cases of non-compliance with the measures pursuant to paragraph 2 above and to determine the appropriate course of action on each case, and directs the Chair, in regular reports to the Council pursuant to paragraph 87 below, to provide progress reports on the Committee’s work on this issue;

  • 41. Confirms that no matter should be left pending before the Committee for a period longer than six months, unless the Committee determines on a case-by-case basis that extraordinary circumstances require additional time for consideration, in accordance with the Committee’s guidelines;

  • 42. Requests the Committee to facilitate, through the Monitoring Team or specialized United Nations agencies, assistance on capacity-building for enhancing implementation of the measures, upon request by Member States;

Listing

  • 43. Encourages all Member States to submit to the Committee for inclusion on the ISIL (Da’esh) & Al-Qaida Sanctions List names of individuals, groups, undertakings and entities participating, by any means, in the financing or support of acts or activities of ISIL, Al-Qaida, and associated individuals, groups, undertakings, and entities;

  • 44. Reiterates that the measures referred to in paragraph 2 of this resolution are preventative in nature and are not reliant upon criminal standards set out under national law;

  • 45. Reaffirms that, when proposing names to the Committee for inclusion on the ISIL (Da’esh) & Al-Qaida Sanctions List, Member States shall use the standard form for listing and provide a statement of case that should include as detailed and specific reasons as possible describing the proposed basis for the listing, and as much relevant information as possible on the proposed name, in particular sufficient identifying information to allow for the accurate and positive identification of individuals, groups, undertakings, and entities, and to the extent possible, the information required by INTERPOL to issue a Special Notice, and reaffirms that the statement of case shall be releasable, upon request, except for the parts a Member State identifies as being confidential to the Committee, and may be used to develop the narrative summary of reasons for listing described in paragraph 49 below;

  • 46. Reaffirms that Member States proposing a new listing, as well as Member States that have proposed names for inclusion on the Al-Qaida Sanctions List before the adoption of this resolution, shall specify if the Committee or the Ombudsperson may not make known the Member State’s status as a designating State;

  • 47. Encourages Member States to submit, where available and in accordance with their national legislation, photographs and other biometric data of individuals for inclusion in INTERPOL-United Nations Security Council Special Notices;

  • 48. Directs the Committee to continue to update, as necessary, the standard form for listing in accordance with the provisions of this resolution; further directs the Monitoring Team to report to the Committee on further steps that could be taken to improve the quality of the ISIL (Da’esh) & Al-Qaida Sanctions List and Consolidated Sanctions List, including by improving identifying information, as well as steps to ensure that INTERPOL-United Nations Security Council Special Notices exist for all listed individuals, groups, undertakings, and entities; and further directs the Secretariat, with the assistance of the Monitoring Team, to build and maintain the data model approved by the Committee, with a view to its completion by June 2017 and requests the Secretary-General to provide additional resources in this regard;

  • 49. Directs the Committee, with the assistance of the Monitoring Team and in coordination with the relevant designating States, to make accessible on the Committee’s website, at the same time a name is added to the ISIL (Da’esh) & Al-Qaida Sanctions List, a narrative summary of reasons for listing that are as detailed and specific as possible, as well as additional relevant information;

  • 50. Encourages Member States and relevant international organizations and bodies to inform the Committee of any relevant court decisions and proceedings so that the Committee can consider them when it reviews a corresponding listing or updates a narrative summary of reasons for listing;

  • 51. Calls upon all members of the Committee and the Monitoring Team to share with the Committee any information they may have available regarding a listing request from a Member State so that this information may help inform the Committee’s decision on listing and provide additional material for the narrative summary of reasons for listing described in paragraph 49;

  • 52. Reaffirms that the Secretariat shall, after publication but within three working days after a name is added to the ISIL (Da’esh) & Al-Qaida Sanctions List, notify the Permanent Mission of the State or States where the individual or entity is believed to be located and, in the case of individuals, the state of which the person is a national (to the extent this information is known), requests the Secretariat to publish on the Committee’s website all relevant publicly releasable information, including the narrative summary of reasons for listing, immediately after a name is added to the ISIL (Da’esh) & Al-Qaida Sanctions List;

  • 53. Reaffirms the requirement that Member States take all possible measures, in accordance with their domestic laws and practices, to notify or inform in a timely manner the listed individual or entity of the listing and to include with this notification the narrative summary of reasons for listing, a description of the effects of listing, as provided in the relevant resolutions, the Committee’s procedures for considering delisting requests, including the possibility of submitting such a request to the Ombudsperson in accordance with paragraph 43 of resolution 2083 (2012) and annex II of this resolution, and the provisions of resolution 1452 (2002) regarding available exemptions, including the possibility of submitting such requests through the Focal Point mechanism in accordance with paragraphs 10 and 76 of this resolution;

Review of Delisting Requests – Ombudsperson/Member States

  • 54. Decides to extend the mandate of the Office of the Ombudsperson, established by resolution 1904 (2009), as reflected in the procedures outlined in annex II of this resolution, for a period of twenty four months from the date of expiration of the Office of the Ombudsperson’s current mandate in December 2017, affirms that the Ombudsperson shall continue to receive requests from individuals, groups, undertakings or entities seeking to be removed from the ISIL (Da’esh) & Al-Qaida Sanctions List in an independent and impartial manner and shall neither seek nor receive instructions from any government, and affirms that the Ombudsperson shall continue to present to the Committee observations and a recommendation on the delisting of those individuals, groups, undertakings or entities that have requested removal from the ISIL (Da’esh) & Al-Qaida Sanctions List through the Office of the Ombudsperson, either a recommendation to retain the listing or a recommendation that the Committee consider delisting;

  • 55. Recalls its decision that the requirement for States to take the measures described in paragraph 2 of this resolution shall remain in place with respect to that individual, group, undertaking or entity, where the Ombudsperson recommends retaining the listing in the Comprehensive Report of the Ombudsperson on a delisting request pursuant to annex II;

  • 56. Recalls its decision that the requirement for States to take the measures described in paragraph 2 of this resolution shall terminate with respect to that individual, group, undertaking or entity 60 days after the Committee completes consideration of a Comprehensive Report of the Ombudsperson, in accordance with annex II of this resolution, including paragraph 7 (h) thereof, where the Ombudsperson recommends that the Committee consider delisting, unless the Committee decides by consensus before the end of that 60-day period that the requirement shall remain in place with respect to that individual, group, undertaking or entity; provided that, in cases where consensus does not exist, the Chair shall, on the request of a Committee Member, submit the question of whether to delist that individual, group, undertaking or entity to the Security Council for a decision within a period of 60 days; and provided further that, in the event of such a request, the requirement for States to take the measures described in paragraph 2 of this resolution shall remain in force for that period with respect to that individual, group, undertaking or entity until the question is decided by the Security Council;

  • 57. Recalls its decision that the Committee may, by consensus, shorten the 60-day period referred to in paragraph 56 on a case-by-case basis;

  • 58. Reiterates that the measures referred to in paragraph 2 of this resolution are preventative in nature and are not reliant upon criminal standards set out under national law;

  • 59. Underscores the importance of the Office of the Ombudsperson, and requests the Secretary-General to continue to strengthen the capacity of the Office of the Ombudsperson by providing necessary resources, including for translation services, as appropriate, and to make the necessary arrangements to ensure its continued ability to carry out its mandate in an independent, effective and timely manner, and to provide the Committee an update on actions taken in six months;

  • 60. Strongly urges Member States to provide all relevant information to the Ombudsperson, including any relevant confidential information, where appropriate, encourages Member States to provide relevant information, including any detailed and specific information, when available and in a timely manner, welcomes those national arrangements entered into by Member States with the Office of the Ombudsperson to facilitate the sharing of confidential information, strongly encourages Member States’ further progress in this regard, including by concluding arrangements with the Office of the Ombudsperson for the sharing of such information, and confirms that the Ombudsperson must comply with any confidentiality restrictions that are placed on such information by Member States providing it;

  • 61. Strongly urges Member States and relevant international organizations and bodies to encourage individuals and entities that are considering challenging or are already in the process of challenging their listing through national and regional courts to first seek removal from the ISIL (Da’esh) & Al-Qaida Sanctions List by submitting delisting petitions to the Office of the Ombudsperson;

  • 62. Notes the Financial Action Task Force (FATF) international standards and, inter alia, best practices relating to targeted financial sanctions, as referenced in paragraph 21 of this resolution;

  • 63. Recalls its decision that when the designating State submits a delisting request, the requirement for States to take the measures described in paragraph 2 of this resolution shall terminate with respect to that individual, group, undertaking or entity after 60 days unless the Committee decides by consensus before the end of that 60-day period that the measures shall remain in place with respect to that individual, group, undertaking or entity; provided that, in cases where consensus does not exist, the Chair shall, on the request of a Committee Member, submit the question of whether to delist that individual, group, undertaking or entity to the Security Council for a decision within a period of 60 days; and provided further that, in the event of such a request, the requirement for States to take the measures described in paragraph 2 of this resolution shall remain in force for that period with respect to that individual, group, undertaking or entity until the question is decided by the Security Council;

  • 64. Also recalls its decision that the Committee may, by consensus, shorten the 60-day period referred to in paragraph 63 on a case-by-case basis;

  • 65. Further recalls its decision that, for purposes of submitting a delisting request in paragraph 63, consensus must exist between or among all designating States in cases where there are multiple designating States; and further recalls its decision that co-sponsors of listing requests shall not be considered designating States for purposes of paragraph 63;

  • 66. Strongly urges designating States to allow the Ombudsperson to reveal their identities as designating States to those listed individuals and entities that have submitted delisting petitions to the Ombudsperson;

  • 67. Directs the Committee to continue to work, in accordance with its guidelines, to consider delisting requests of Member States for the removal from the ISIL (Da’esh) & Al-Qaida Sanctions List of individuals, groups, undertakings and entities that are alleged to no longer meet the criteria established in the relevant resolutions, and set out in paragraph 2 of this resolution, and strongly urges Member States to provide reasons for submitting their delisting requests;

  • 68. Encourages States to submit delisting requests for individuals that are officially confirmed to be dead, and for entities reported or confirmed to have ceased to exist, while at the same time taking all reasonable measures to ensure that assets that had belonged to these individuals or entities will not be transferred or distributed to other individuals, groups, undertakings and entities on the ISIL (Da’esh) & Al-Qaida Sanctions List or any other Security Council sanctions list;

  • 69. Encourages Member States, when unfreezing the assets of a deceased individual or an entity that is reported or confirmed to have ceased to exist as a result of a delisting, to recall the obligations set forth in resolution 1373 (2001) and, particularly, to prevent unfrozen assets from being used for terrorist purposes;

  • 70. Reaffirms that, prior to the unfreezing of any assets that have been frozen as a result of the listing of Usama bin Laden, Member States shall submit to the Committee a request to unfreeze such assets and shall provide assurances to the Committee that the assets will not be transferred, directly or indirectly, to a listed individual, group, undertaking or entity, or otherwise used for terrorist purposes in line with Security Council resolution 1373 (2001), and decides further that such assets may only be unfrozen in the absence of an objection by a Committee member within thirty days of receiving the request, and stresses the exceptional nature of this provision, which shall not be considered as establishing a precedent;

  • 71. Calls upon the Committee when considering delisting requests to give due consideration to the opinions of designating State(s), State(s) of residence, nationality, location or incorporation, and other relevant States as determined by the Committee, directs Committee members to provide their reasons for objecting to delisting requests at the time the request is objected to, and requests the Committee to provide reasons to relevant Member States and national and regional courts and bodies, upon request and where appropriate;

  • 72. Encourages all Member States, including designating States and States of residence, nationality, location or incorporation to provide all information to the Committee relevant to the Committee’s review of delisting petitions, and to meet with the Committee, if requested, to convey their views on delisting requests, and further encourages the Committee, where appropriate, to meet with representatives of national or regional organizations and bodies that have relevant information on delisting petitions;

  • 73. Confirms that the Secretariat shall, within three days after a name is removed from the ISIL (Da’esh) & Al-Qaida Sanctions List, notify the Permanent Mission of the State(s) of residence, nationality, location or incorporation (to the extent this information is known), and recalls its decision that States receiving such notification shall take measures, in accordance with their domestic laws and practices, to notify or inform the concerned individual, group, undertaking or entity of the delisting in a timely manner;

  • 74. Reaffirms that, in cases in which the Ombudsperson is unable to interview a petitioner in his or her state of residence, the Ombudsperson may request, with the agreement of the petitioner, that the Committee consider granting exemptions to the restrictions on assets and travel in paragraphs 2 (a) and (b) of this resolution for the sole purpose of allowing the petitioner to meet travel expenses and travel to another State to be interviewed by the Ombudsperson for a period no longer than necessary to participate in this interview, provided that all States of transit and destination do not object to such travel, and further directs the Committee to notify the Ombudsperson of the Committee’s decision;

Exemptions/Focal Point

  • 75. Recalls that the assets freeze measures outlined in paragraph 2 above shall not apply to funds and other financial assets or economic resources that the Committee determines to be:

    • a) necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges, or exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services, or fees or service charges for routine holding or maintenance of frozen funds or other financial assets or economic resources, following notification of intention to authorize access to such funds and in the absence of a negative decision by the Committee within 3 working days of the notification;

    • b) necessary for extraordinary expenses, being expenses other than basic expenses, following notification of the intention to authorize release of such funds and approval of the Committee of the request within 5 working days of the notification;

  • 76. Reaffirms that the Focal Point mechanism established in resolution 1730 (2006) may:

    • a) Receive requests from listed individuals, groups, undertakings, and entities for exemptions to the measures outlined in paragraph 2 (a) of this resolution, as defined in resolution 1452 (2002) provided that the request has first been submitted for the consideration of the State of residence, and reaffirms further that the Focal Point shall transmit such requests to the Committee for a decision, directs the Committee to consider such requests, including in consultation with the State of residence and any other relevant States, and further directs the Committee, through the Focal Point, to notify such individuals, groups, undertaking or entities of the Committee’s decision;

    • b) Receive requests from listed individuals for exemptions to the measures outlined in paragraph 2 (b) of this resolution and transmit these to the Committee to determine, on a case-by-case basis, whether entry or transit is justified, directs the Committee to consider such requests in consultation with States of transit and destination and any other relevant States, and reaffirms further that the Committee shall only agree to exemptions to the measures in paragraph 2 (b) of this resolution with the agreement of the States of transit and destination, and further directs the Committee, through the Focal Point, to notify such individuals of the Committee’s decision;

  • 77. Reaffirms that the Focal Point may receive, and transmit to the Committee for its consideration, communications from:

    • a) individuals who have been removed from the ISIL (Da’esh) & Al-Qaida Sanctions List;

    • b) individuals claiming to have been subjected to the measures outlined in paragraph 2 above as a result of false or mistaken identification or confusion with individuals included on the ISIL (Da’esh) & Al-Qaida Sanctions List;

  • 78. Directs the Committee, with the assistance of the Monitoring Team and in consultation with relevant States, to carefully consider such communications and to respond, through the Focal Point, to such communications referred to in paragraph 77 (b), as may be appropriate, within 60 days, and further directs the Committee, in consultation with INTERPOL as may be appropriate, to communicate with Member States as may be appropriate to address possible or confirmed cases of false or mistaken identity or confusion with individuals included on the ISIL (Da’esh) & Al-Qaida Sanctions List;

Review and maintenance of the ISIL (Da’esh) & Al-Qaida Sanctions List

  • 79. Encourages all Member States, in particular designating States and States of residence, nationality, location or incorporation, to submit to the Committee additional identifying and other information, including where possible and in accordance with their national legislation, photographs and other biometric data of individuals along with supporting documentation, on listed individuals, groups, undertakings and entities, including updates on the operating status of listed entities, groups and undertakings, the movement, incarceration or death of listed individuals and other significant events, as such information becomes available;

  • 80. Requests the Monitoring Team to circulate to the Committee every twelve months a list compiled in consultation with the respective designating States and States of residence, nationality, location or incorporation, where known, of:

    • a) individuals and entities on the ISIL (Da’esh) & Al-Qaida Sanctions List whose entries lack identifiers necessary to ensure effective implementation of the measures imposed upon them;

    • b) individuals on the ISIL (Da’esh) & Al-Qaida Sanctions List who are reportedly deceased, along with an assessment of relevant information such as the certification of death, and to the extent possible, the status and location of frozen assets and the names of any individuals or entities who would be in a position to receive any unfrozen assets;

    • c) entities on the ISIL (Da’esh) & Al-Qaida Sanctions List that are reported or confirmed to have ceased to exist, along with an assessment of any relevant information;

    • d) any other names on the ISIL (Da’esh) & Al-Qaida Sanctions List that have not been reviewed in three or more years (“the triennial review”);

  • 81. Directs the Committee to review whether these listings remain appropriate, and further directs the Committee to remove listings if it decides they are no longer appropriate;

  • 82. Directs the Monitoring Team to refer to the Chair for review listings for which, after three years, no relevant State has responded in writing to the Committee’s requests for information, and in this regard, reminds the Committee that its Chair, acting in his or her capacity as Chair, may submit names for removal from the ISIL (Da’esh) & Al-Qaida Sanctions List, as appropriate and subject to the Committee’s normal decision-making procedures;

Coordination and outreach

  • 83. Directs the Committee to continue to cooperate with other relevant Security Council Sanctions Committees, in particular those established pursuant to resolutions 751 (1992) and 1907 (2009), 1988 (2011), 1970 (2011) and 2140 (2014);

  • 84. Reiterates the need to enhance ongoing cooperation among the Committee and United Nations counter-terrorism bodies, including the Counter-Terrorism Committee (CTC) and the Committee established pursuant to resolution 1540 (2004), as well as their respective groups of experts, including through, as appropriate, enhanced information-sharing, coordination on visits to countries within their respective mandates, on facilitating and monitoring technical assistance, on relations with international and regional organizations and agencies and on other issues of relevance to these bodies;

  • 85. Encourages the Monitoring Team and the United Nations Office on Drugs and Crime, to continue their joint activities, in cooperation with the Counter-Terrorism Executive Directorate (CTED) and 1540 Committee experts to assist Member States in their efforts to comply with their obligations under the relevant resolutions, including through organizing regional and subregional workshops;

  • 86. Requests the Committee to consider, where and when appropriate, visits to selected countries by the Chair and/or Committee members to enhance the full and effective implementation of the measures referred to in paragraph 2 above, with a view to encouraging States to comply fully with this resolution and resolutions 1267 (1999), 1333 (2000), 1390 (2002), 1455 (2003), 1526 (2004), 1617 (2005), 1735 (2006), 1822 (2008), 1904 (2009) 1989 (2011), 2082 (2012), 2083 (2012), and 2133 (2014), 2178 (2014), 2195 (2014), 2199 (2015), and 2214 (2015);

  • 87. Requests the Committee to report orally, through its Chair, at least once per year, to the Council on the state of the overall work of the Committee and the Monitoring Team, and, as appropriate, in conjunction with other Committee Chairs, expresses its intention to hold informal consultations at least once per year on the work of the Committee, on the basis of reports from the Chair to the Council, and further requests the Chair to hold regular briefings for all interested Member States;

  • 88. Directs the Committee to consider requests for information from States and international organizations with ongoing judicial proceedings concerning implementation of the measures imposed in paragraph 2 above, and to respond as appropriate with additional information available to the Committee and the Monitoring Team;

Monitoring Team

  • 89. Decides, in order to assist the Committee in fulfilling its mandate, as well as to support the Ombudsperson, to extend the mandate of the current New York-based Monitoring Team and its members, established pursuant to paragraph 7 of resolution 1526 (2004), for a further period of twenty four months from the expiration of its current mandate in December 2017, under the direction of the Committee with the responsibilities outlined in annex I, and requests the Secretary-General to make the necessary arrangements to this effect, and highlights the importance of ensuring that the Monitoring Team receives the necessary administrative, security, and substantive support, to effectively, safely, and in a timely manner fulfil its mandate, including with regard to duty of care in high-risk environments, under the direction of the Committee, a subsidiary organ of the Security Council;

  • 90. Requests the Secretary-General to add up to two new experts on the Monitoring Team along with the additional administrative and analytical support resources needed to increase its capacity and strengthen its ability to analyze ISIL’s financing, radicalization and recruitment, and attack planning activities, as well as support the resulting increased activities of the Committee by the Secretariat, and notes that the selection process of these experts should prioritize appointing individuals with the strongest qualifications to fulfil the duties described above while paying due regard to the importance of regional and gender representation in the recruitment process;

  • 91. Directs the Monitoring Team, in its comprehensive, independent reports to the Committee referred to in paragraph (a) of annex 1, to report on relevant thematic and regional topics and developing trends as may be requested by the Security Council or the Committee following the adoption of this resolution;

  • 92. Encourages relevant United Nations Missions, within their existing mandates, resources, and capabilities, to assist the Committee and the Monitoring Team, such as through logistical support, security assistance, and exchange of information in their work relevant to the threat by ISIL, Al-Qaida, and associated groups and individuals in their respective areas of deployment;

  • 93. Directs the Monitoring Team to identify, gather information on, and keep the Committee informed of instances and common patterns of non-compliance with the measures imposed in this resolution, as well as to facilitate, upon request by Member States, assistance on capacity-building, requests the Monitoring Team to work closely with State(s) of residence, nationality, location or incorporation, designating States, other relevant States, and relevant United Nations Missions, and further directs the Monitoring Team to provide recommendations to the Committee on actions taken to respond to non-compliance;

  • 94. Directs the Committee, with the assistance of its Monitoring Team, to hold special meetings on important thematic or regional topics and Member States’ capacity challenges, in consultation, as appropriate, with the Counter Terrorism Committee and CTED, CTITF, and with the Financial Action Task Force to identify and prioritize areas for the provision of technical assistance to enable more effective implementation by Member States;

  • 95. Requests the Analytical Support and Sanctions Monitoring Team to submit, in close collaboration with the CTED, to the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) in 30 days recommendations to the Committee on measures that can be taken to strengthen monitoring of global implementation of resolutions 2199 (2015) and 2178 (2014) and additional steps that could be taken by the Committee to improve global compliance with these resolutions;

  • 96. Requests the Analytical Support and Sanctions Monitoring Team to provide the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) on a quarterly basis oral briefings on its analysis of global implementation of resolutions 2199 (2015) and 2178 (2014) including gathered information and analysis relevant to potential sanctions designations by Member States or Committee actions that could be taken;

ISIL Reporting

  • 97. Recalling the threat posed to international peace and security by ISIL and associated individuals, groups, undertakings, and entities, requests the Secretary-General to provide an initial strategic-level report that demonstrates and reflects the gravity of the aforementioned threat, including foreign terrorist fighters joining ISIL and associated groups and entities, and the sources of financing of these groups including through illicit trade in oil, antiquities, and other natural resources, as well as their planning and facilitation of attacks, and reflects the range of United Nations efforts in support of Member States in countering this threat, in 45 days and provide updates every four months thereafter, with the input of CTED, in close collaboration with the Monitoring Team, as well as other relevant United Nations actors;

Reviews

  • 98. Decides to review the measures described in paragraph 2 above with a view to their possible further strengthening in eighteen months or sooner if necessary;

  • 99. Decides to remain actively seized of the matter.

Annex I

In accordance with paragraph 73 of this resolution, the Monitoring Team shall operate under the direction of the Committee and shall have the following mandates and responsibilities:

  • a) To submit, in writing, comprehensive, independent reports to the Committee, every six months, the first by 30 June 2016, on the following issues:

    • (i) implementation by Member States of the measures referred to in paragraph 2 of this resolution;

    • (ii) the global threat posed by ISIL, Al-Qaida, and associated individuals, groups, undertakings, and entities, including (but not limited to) the threat posed by the presence of ISIL and its affiliates in Iraq, the Syrian Arab Republic, Libya, and Afghanistan and the threats presented by the presence of Boko Haram;

    • (iii) the impact of the measures in resolution 2199 (2015), including progress on implementation of these measures, unintended consequences and unexpected challenges, as mandated in that resolution in the form of updates on each of the following subjects: oil trade; trade in cultural property; kidnapping for ransom and external donations; direct or indirect supply; sale or transfer of arms and related material of all types; as part of the impact assessment, pursuant to paragraph 30 of resolution 2199 (2015);

    • (iv) the threat posed by foreign terrorist fighters recruited by or joining Al-Qaida, ISIL, and all other associated groups, undertakings;

    • (v) any other issues that the Security Council or the Committee requests the Monitoring Team to include in its comprehensive reports as set forth in paragraph 91 of this resolution; and

    • (vi) specific recommendations related to improved implementation of relevant sanctions measures, including those referred to in paragraph 2 of this resolution, resolution 2178 (2014) and resolution 2199 (2015), and possible new measures;

  • b) To assist the Ombudsperson in carrying out his or her mandate as specified in annex II of this resolution, including by providing updated information on those individuals, groups, undertakings or entities seeking their removal from the ISIL (Da’esh) & Al-Qaida Sanctions List;

  • c) To assist the Committee in regularly reviewing names on the ISIL (Da’esh) & Al-Qaida Sanctions List, including by undertaking travel on behalf of the Committee, as a subsidiary organ of the Security Council and contact with Member States, with a view to developing the Committee’s record of the facts and circumstances relating to a listing;

  • d) To assist the Committee in following up on requests to Member States for information, including with respect to implementation of the measures referred to in paragraph 2 of this resolution;

  • e) To submit a comprehensive programme of work to the Committee for its review and approval, as necessary, in which the Monitoring Team should detail the activities envisaged in order to fulfil its responsibilities, including proposed travel, based on close coordination with CTED and the 1540 Committee’s group of experts to avoid duplication and reinforce synergies;

  • f) To work closely and share information with CTED and the 1540 Committee’s group of experts to identify areas of convergence and overlap and to help facilitate concrete coordination, including in the area of reporting, among the three Committees;

  • g) To participate actively in and support all relevant activities under the United Nations Global Counter-Terrorism Strategy including within the Counter-Terrorism Implementation Task Force, established to ensure overall coordination and coherence in the counter-terrorism efforts of the United Nations system, in particular through its relevant working groups;

  • h) To gather information, on behalf of the Committee, on instances of reported non-compliance with the measures referred to in paragraph 2 of this resolution, including by collating information from all relevant sources, including Member States, and engaging with related parties, pursuing case studies, both on its own initiative and upon the Committee’s request, and to provide cases of non-compliance and recommendations to the Committee on actions to respond to such cases of non-compliance for its review;

  • i) To present to the Committee recommendations, which could be used by Member States to assist them with the implementation of the measures referred to in paragraph 2 of this resolution and in preparing proposed additions to the ISIL (Da’esh) & Al-Qaida Sanctions List;

  • j) To assist the Committee in its consideration of proposals for listing, including by compiling and circulating to the Committee information relevant to the proposed listing, and preparing a draft narrative summary referred to in paragraph 36 of this resolution;

  • k) To consult with the Committee or any relevant Member States, as appropriate, when identifying that certain individuals or entities should be added to, or removed from, the ISIL (Da’esh) & Al-Qaida Sanctions List;

  • l) To bring to the Committee’s attention new or noteworthy circumstances that may warrant a delisting, such as publicly reported information on a deceased individual;

  • m) To consult with Member States in advance of travel to selected Member States, based on its programme of work as approved by the Committee;

  • n) To coordinate and cooperate with the national counter-terrorism focal point or similar coordinating body in the state of visit where appropriate;

  • o) To cooperate closely with relevant United Nations counter-terrorism bodies in providing information on the measures taken by Member States on kidnapping and hostage-taking for ransom by Al-Qaida, ISIL, and associated individuals, groups, undertakings, and entities, and on relevant trends and developments in this area;

  • p) To encourage Member States to submit names and additional identifying information for inclusion on the ISIL (Da’esh) & Al-Qaida Sanctions List, as instructed by the Committee;

  • q) To present to the Committee additional identifying and other information to assist the Committee in its efforts to keep the ISIL (Da’esh) & Al-Qaida Sanctions List as updated and accurate as possible;

  • r) To encourage Member States to provide information to the Monitoring Team that is relevant to the fulfilment of its mandate, as appropriate;

  • s) To study and report to the Committee on the changing nature of the threat of Al-Qaida and ISIL, and the best measures to confront them, including by developing, within existing resources, a dialogue with relevant scholars, academic bodies and experts through an annual workshop and/or other appropriate means, in consultation with the Committee;

  • t) To collate, assess, monitor, report on, and make recommendations regarding implementation of the measures, including implementation of the measure in paragraph 2 (a) of this resolution as it pertains to preventing the criminal misuse of the Internet by ISIL, Al-Qaida, and associated individuals, groups, undertakings and entities, which shall be included in the Monitoring Team’s regular report as outlined in section (a) of this annex; to pursue case studies, as appropriate; and to explore in depth any other relevant issues as directed by the Committee;

  • u) To consult with Member States and other relevant organizations, including the International Air Transport Association (IATA), the International Civil Aviation Organization (ICAO), the World Customs Organization (WCO), INTERPOL, the Financial Action Task Force (FATF) and its regional bodies as well as the United Nations Educational, Scientific and Cultural Organization (UNESCO), including regular dialogue with representatives in New York and in capitals, taking into account their comments, especially regarding any issues that might be reflected in the Monitoring Team’s reports referred to in paragraph (a) of this annex, such as gaps and challenges in States’ implementation of the measures in this resolution;

  • v) To consult, in confidence, with Member States’ intelligence and security services, including through regional forums, in order to facilitate the sharing of information and to strengthen implementation of the measures;

  • w) To consult with Member States, relevant representatives of the private sector, including financial institutions and relevant non-financial businesses and professions, and international and regional organizations, including FATF and its regional bodies, to promote awareness of, and enhanced compliance with, and to learn about the practical implementation of the asset freeze and to develop recommendations for the strengthening of the implementation of that measure;

  • x) To consult with Member States, relevant representatives of the private sector and international and regional organizations, including ICAO, IATA, WCO and INTERPOL, to promote awareness of, and enhanced compliance with, and to learn about the practical implementation of the travel ban, including the use of advanced passenger information provided by civil aircraft operators to Member States, and to develop recommendations for the strengthening of the implementation of that measure;

  • y) To consult with Member States, relevant representatives of international and regional organizations and the private sector, in coordination with national authorities, as appropriate, to promote awareness of, enhance compliance with, and to learn about the practical implementation of the arms embargo, with a particular emphasis on measures to counter the use of improvised explosive devices (IEDs) by listed individuals, groups, undertakings and entities and the procurement of related components used to construct IEDs, in particular (but not limited to) trigger mechanisms, explosive precursors, commercial grade explosives, detonators, detonating cords, or poisons;

  • z) To assist the Committee in facilitating assistance on capacity-building for enhancing implementation of the measures, upon request by Member States;

  • aa) To work with INTERPOL and Member States to obtain photographs and, in accordance with their national legislation, biometric information of listed individuals for possible inclusion in INTERPOL-United Nations Security Council Special Notices, to work with INTERPOL to ensure that INTERPOL-United Nations Security Council Special Notices exist for all listed individuals, groups, undertakings, and entities; and to further work with INTERPOL, as appropriate, to address possible or confirmed cases of false or mistaken identify, with a view to reporting to the Committee on such instances and proposing any recommendations;

  • bb) To assist other subsidiary bodies of the Security Council, and their expert panels, upon request, with enhancing their cooperation with INTERPOL, referred to in resolution 1699 (2006), and to work, in consultation with the Secretariat, to standardize the format of all United Nations sanctions lists and the Consolidated Sanctions List so as to facilitate implementation by national authorities;

  • cc) To report to the Committee, on a regular basis or when the Committee so requests, through oral and/or written briefings on the work of the Monitoring Team, including its visits to Member States and its activities;

  • dd) Any other responsibility identified by the Committee.

Annex II

In accordance with paragraph 54 of this resolution, the Office of the Ombudsperson shall be authorized to carry out the following tasks upon receipt of a delisting request submitted by, or on behalf of, an individual, group, undertaking or entity on the ISIL (Da’esh) & Al-Qaida Sanctions List or by the legal representative or estate of such individual, group, undertaking or entity (“the petitioner”).

The Council recalls that Member States are not permitted to submit delisting petitions on behalf of an individual, group, undertaking or entity to the Office of the Ombudsperson.

Information gathering (four months)

  • 1. Upon receipt of a delisting request, the Ombudsperson shall:

    • a) Acknowledge to the petitioner the receipt of the delisting request;

    • b) Inform the petitioner of the general procedure for processing delisting requests;

    • c) Answer specific questions from the petitioner about Committee procedures;

    • d) Inform the petitioner in case the petition fails to properly address the original listing criteria, as set forth in paragraph 2 of this resolution, and return it to the petitioner for his or her consideration; and

    • e) Verify if the request is a new request or a repeated request and, if it is a repeated request to the Ombudsperson and it does not contain relevant additional information, return it to the petitioner, with an appropriate explanation, for his or her consideration.

  • 2. For delisting petitions not returned to the petitioner, the Ombudsperson shall immediately forward the delisting request to the members of the Committee, designating State(s), State(s) of residence and nationality or incorporation, relevant United Nations bodies, and any other States deemed relevant by the Ombudsperson. The Ombudsperson shall ask these States or relevant United Nations bodies to provide, within four months, any appropriate additional information relevant to the delisting request. The Ombudsperson may engage in dialogue with these States to determine:

    • a) These States’ opinions on whether the delisting request should be granted; and

    • b) Information, questions or requests for clarifications that these States would like to be communicated to the petitioner regarding the delisting request, including any information or steps that might be taken by a petitioner to clarify the delisting request.

  • 3. Where all designating States consulted by the Ombudsperson do not object to the petitioner’s delisting, the Ombudsperson may shorten the information gathering period, as appropriate.

  • 4. The Ombudsperson shall also immediately forward the delisting request to the Monitoring Team, which shall provide to the Ombudsperson, within four months:

    • a) All information available to the Monitoring Team that is relevant to the delisting request, including court decisions and proceedings, news reports, and information that States or relevant international organizations have previously shared with the Committee or the Monitoring Team;

    • b) Fact-based assessments of the information provided by the petitioner that is relevant to the delisting request; and

    • c) Questions or requests for clarifications that the Monitoring Team would like asked of the petitioner regarding the delisting request.

  • 5. At the end of this four-month period of information gathering, the Ombudsperson shall present a written update to the Committee on progress to date, including details regarding which States have supplied information, and any significant challenges encountered therein. The Ombudsperson may extend this period once for up to two months if he or she assesses that more time is required for information gathering, giving due consideration to requests by Member States for additional time to provide information.

Dialogue (two months)

  • 6. Upon completion of the information gathering period, the Ombudsperson shall facilitate a two-month period of engagement, which may include dialogue with the petitioner. Giving due consideration to requests for additional time, the Ombudsperson may extend this period once for up to two months if he or she assesses that more time is required for engagement and the drafting of the Comprehensive Report described in paragraph 8 below. The Ombudsperson may shorten this time period if he or she assesses less time is required.

  • 7. During this period of engagement, the Ombudsperson:

    • a) May submit questions, either orally or in writing, to the petitioner, or request additional information or clarifications that may help the Committee’s consideration of the request, including any questions or information requests received from relevant States, the Committee and the Monitoring Team;

    • b) Should request from the petitioner a signed statement in which the petitioner declares that they have no ongoing association with Al-Qaida, ISIL, or any cell, affiliate, splinter group, or derivative thereof, and undertakes not to associate with Al-Qaida or ISIL in the future;

    • c) Should meet with the petitioner, to the extent possible;

    • d) Shall forward replies from the petitioner back to relevant States, the Committee and the Monitoring Team and follow up with the petitioner in connection with incomplete responses by the petitioner;

    • e) Shall coordinate with States, the Committee and the Monitoring Team regarding any further inquiries of, or response to, the petitioner;

    • f) During the information gathering or dialogue phase, the Ombudsperson may share with relevant States information provided by a State, including that State’s position on the delisting request, if the State which provided the information consents;

    • g) In the course of the information gathering and dialogue phases and in the preparation of the report, the Ombudsperson shall not disclose any information shared by a state on a confidential basis, without the express written consent of that state; and

    • h) During the dialogue phase, the Ombudsperson shall give serious consideration to the opinions of designating States, as well as other Member States that come forward with relevant information, in particular those Member States most affected by acts or associations that led to the original listing.

  • 8. Upon completion of the period of engagement described above, the Ombudsperson, with the help of the Monitoring Team, as appropriate, shall draft and circulate to the Committee a Comprehensive Report that will exclusively:

    • a) Summarize and, as appropriate, specify the sources of, all information available to the Ombudsperson that is relevant to the delisting request. The report shall respect confidential elements of Member States’ communications with the Ombudsperson;

    • b) Describe the Ombudsperson’s activities with respect to this delisting request, including dialogue with the petitioner; and

    • c) Based on an analysis of all the information available to the Ombudsperson and the Ombudsperson’s recommendation, lay out for the Committee the principal arguments concerning the delisting request. The recommendation should state the Ombudsperson’s views with respect to the listing as of the time of the examination of the delisting request.

Committee discussion

  • 9. After the Committee has had fifteen days to review the Comprehensive Report in all official languages of the United Nations, the Chair of the Committee shall place the delisting request on the Committee’s agenda for consideration.

  • 10. When the Committee considers the delisting request, the Ombudsperson, shall present the Comprehensive Report in person and answer Committee members’ questions regarding the request.

  • 11. Committee consideration of the Comprehensive Report shall be completed no later than thirty days from the date the Comprehensive Report is submitted to the Committee for its review.

  • 12. After the Committee has completed its consideration of the Comprehensive Report, the Ombudsperson may notify all relevant States of the recommendation.

  • 13. Upon the request of a designating State, State of nationality, residence, or incorporation, and with the approval of the Committee, the Ombudsperson may provide a copy of the Comprehensive Report, with any redactions deemed necessary by the Committee, to such States, along with a notification to such States confirming that:

    • a) All decisions to release information from the Ombudsperson’s Comprehensive Reports, including the scope of information, are made by the Committee at its discretion and on a case-by-case basis;

    • b) The Comprehensive Report reflects the basis for the Ombudsperson’s recommendation and is not attributable to any individual Committee member; and

    • c) The Comprehensive Report, and any information contained therein, should be treated as strictly confidential and not shared with the petitioner or any other Member State without the approval of the Committee.

  • 14. In cases where the Ombudsperson recommends retaining the listing, the requirement for States to take the measures in paragraph 2 of this resolution shall remain in place with respect to that individual, group, undertaking or entity, unless a Committee member submits a delisting request, which the Committee shall consider under its normal consensus procedures.

  • 15. In cases where the Ombudsperson recommends that the Committee consider delisting, the requirement for States to take the measures described in paragraph 2 of this resolution shall terminate with respect to that individual, group, undertaking or entity 60 days after the Committee completes consideration of a Comprehensive Report of the Ombudsperson, in accordance with this annex II, including paragraph 7 (h), unless the Committee decides by consensus before the end of that 60-day period that the requirement shall remain in place with respect to that individual, group, undertaking or entity; provided that, in cases where consensus does not exist, the Chair shall, on the request of a Committee Member, submit the question of whether to delist that individual, group, undertaking or entity to the Security Council for a decision within a period of 60 days; and provided further that, in the event of such a request, the requirement for States to take the measures described in paragraph 2 of this resolution shall remain in force for that period with respect to that individual, group, undertaking or entity until the question is decided by the Security Council.

  • 16. Following the conclusion of the process described in paragraphs 55 and 56 of this resolution, the Committee shall convey to the Ombudsperson, within 60 days, whether the measures described in paragraph 2 are to be retained or terminated, setting out reasons and including any further relevant information, and an updated narrative summary of reasons for listing, where appropriate, for the Ombudsperson to transmit to the petitioner. The 60-day deadline applies to outstanding matters before the Ombudsperson or the Committee and will take effect from the adoption of this resolution.

  • 17. After the Ombudsperson receives the communication from the committee under paragraph 28, if the measures in paragraph 2 are to be retained, the Ombudsperson shall send to the petitioner, with an advance copy sent to the Committee, a letter that:

    • a) Communicates the outcome of the petition;

    • b) Describes, to the extent possible and drawing upon the Ombudsperson’s Comprehensive Report, the process and publicly releasable factual information gathered by the Ombudsperson; and

    • c) Forwards from the Committee all information about the decision provided to the Ombudsperson pursuant to paragraph 28 above.

  • 18. In all communications with the petitioner, the Ombudsperson shall respect the confidentiality of Committee deliberations and confidential communications between the Ombudsperson and Member States.

  • 19. The Ombudsperson may notify the petitioner, as well as those States relevant to a case but which are not members of the Committee, of the stage at which the process has reached.

Other Office of the Ombudsperson Tasks

  • 20. In addition to the tasks specified above, the Ombudsperson shall:

    • a) Distribute publicly releasable information about Committee procedures, including Committee Guidelines, fact sheets and other Committee-prepared documents;

    • b) Where address is known, notify individuals or entities about the status of their listing, after the Secretariat has officially notified the Permanent Mission of the State or States, pursuant to paragraph 53 of this resolution; and

    • c) Submit biannual reports summarizing the activities of the Ombudsperson to the Security Council.

Op 21 december 2015 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7590e zitting Resolutie 2255 (2015) ) inzake Afghanistan aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2255 (2015)
Adopted by the Security Council at its 7590th meeting, on 21 December 2015

The Security Council,

Recalling its previous resolutions on international terrorism and the threat it poses to Afghanistan, in particular its resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1373 (2001), 1390 (2002), 1452 (2002), 1455 (2003), 1526 (2004), 1566 (2004), 1617 (2005), 1624 (2005), 1699 (2006), 1730 (2006), 1735 (2006), 1822 (2008), 1904 (2009), 1988 (2011), 1989 (2011), 2082 (2012), 2083 (2012), 2133 (2014), and 2160 (2014) and the relevant statements of its President,

Recalling its previous resolutions extending through 17 March 2016 the mandate of the United Nations Assistance Mission in Afghanistan (UNAMA) as defined in resolution 2210 (2015),

Recalling its resolutions on the recruitment and use of children and armed conflict, expressing its strong concern about the security situation in Afghanistan, in particular the ongoing violent and terrorist activities by the Taliban, Al-Qaida, and other violent and extremist groups, illegal armed groups, criminals and those involved in the narcotics trade, and the strong links between terrorism and insurgency activities and illicit drugs, resulting in threats to the local population, including children, national security forces and international military and civilian personnel,

Expressing concern at the increasing presence and future potential growth of ISIL affiliates in Afghanistan,

Welcoming the establishment of a National Focal Point in Afghanistan as a means to enhance engagement and coordination with the Committee established in paragraph 35 of resolution 1988 (“the Committee”) and underscoring the importance of close cooperation between the Government of Afghanistan and the Committee and encouraging further efforts in this regard.

Welcoming the process by which Afghanistan and its regional and international partners are entering into long-term strategic partnership and other agreements aimed at achieving a peaceful, stable and prosperous Afghanistan,

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Afghanistan,

Stressing the importance of a comprehensive political process in Afghanistan to support reconciliation among all Afghans,

Recognizing that the security situation in Afghanistan has evolved and that some members of the Taliban have reconciled with the Government of Afghanistan, have rejected the terrorist ideology of Al-Qaida and its followers, and support a peaceful resolution to the continuing conflict in Afghanistan,

Recognizing that, notwithstanding the evolution of the situation in Afghanistan and progress in reconciliation, the situation in Afghanistan remains a threat to international peace and security, and reaffirming the need to combat this threat by all means, in accordance with the Charter of the United Nations and international law, including applicable human rights, refugee and humanitarian law, stressing in this regard the important role the United Nations plays in this effort,

Emphasizing the need for a comprehensive approach to fully disrupt the activities of the Taliban and recognizing the important role that this sanctions regime can play in this regard,

Reiterating its firm commitment to support the Government of Afghanistan in its efforts to advance the peace and reconciliation process, including by the High Peace Council and the implementation of the Afghanistan Peace and Reconciliation Programme, in line with the Kabul Communiqué and the Bonn Conference Conclusions, and within the framework of the Afghan Constitution and application of the procedures introduced by the Security Council in its resolutions 1988 (2011), 2082 (2012), and 2160 (2014), as well as other relevant resolutions of the Council,

Welcoming the decision taken by some members of the Taliban to reconcile with the Government of Afghanistan, to have no links to international terrorist organizations, including Al-Qaida, to respect the constitution, including its human rights provisions, notably the rights of women, and to support a peaceful resolution to the continuing conflict in Afghanistan, and urging all those individuals, groups, undertakings and entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan, to accept the Government of Afghanistan’s offer of reconciliation,

Emphasizing its serious concern about the security situation in Afghanistan, in particular the ongoing violent and terrorist activities by the Taliban and associated groups, including the Haqqani Network, and by Al-Qaida, and other violent and extremist groups, illegal armed groups, criminals and those involved in terrorism and the illicit brokering in arms and related material and arms trafficking in the production, trafficking or trade of illicit drugs, and the strong links between terrorism and insurgency activities and illicit drugs, resulting in threats to the local population, including women, children, national security forces and international military and civilian personnel, including humanitarian and development workers,

Expressing concern at the use of improvised explosive devices (IEDs) by the Taliban against civilians and the Afghanistan National Defence and Security Forces and noting the need to enhance coordination and information-sharing, both between Member States and with the private sector, to prevent the flow of IED components to the Taliban,

Also expressing concern over the illicit flow of small arms and light weapons (SALW) into Afghanistan and emphasizing the need for enhancing control over the transfer of SALW in this regard,

Underscoring the importance of humanitarian aid operations and condemning all acts or threats of violence against United Nations staff and humanitarian actors and any politicization of humanitarian assistance by the Taliban and associated groups, or individuals,

Reiterating the need to ensure that the present sanctions regime contributes effectively to ongoing efforts to combat the insurgency and support the Government of Afghanistan’s work to advance reconciliation in order to bring about peace, stability, and security in Afghanistan,

Taking note of the Government of Afghanistan’s request that the Security Council support reconciliation, including by removing names from the United Nations sanctions lists for those who reconcile and have ceased to engage in or support activities that threaten the peace, stability and security of Afghanistan,

Expressing its intention to give due regard to lifting sanctions on those who reconcile,

Welcoming the briefings by the Afghan National Security Advisor and the High Peace Council to the Committee in March 2015 as a sign of close, ongoing cooperation between the Committee and the Government of Afghanistan and encouraging further close cooperation in this regard,

Stressing the central and impartial role that the United Nations continues to play in promoting peace, stability and security in Afghanistan, and expressing its appreciation and strong support for the ongoing efforts of the Secretary-General and his Special Representative for Afghanistan to assist the High Peace Council’s peace and reconciliation efforts,

Reiterating its support for the fight against illicit production and trafficking of drugs from, and chemical precursors to, Afghanistan, in neighbouring countries, countries on trafficking routes, drug destination countries and precursors producing countries and acknowledging that illicit proceeds of the drug trafficking significantly contribute to the financial resources of the Taliban and its associates,

Recognizing the threats that the Taliban, illegal armed groups and criminals involved in narcotics trade, and illicit exploitation of natural resources, continue to pose to the security and stability of Afghanistan and urges the Government of Afghanistan with the support of the international community to continue to address these threats,

Recalling its resolution 2133 (2014) and the publication by the Global Counterterrorism Forum (GCTF) of the “Algiers Memorandum on Good Practices on Preventing and Denying the Benefits of Kidnapping for Ransom by Terrorists”, strongly condemning incidents of kidnapping and hostage-taking committed by terrorist groups for any purpose, including with the aim of raising funds or gaining political concessions, expressing its determination to prevent kidnapping and hostage-taking committed by terrorist groups and to secure the safe release of hostages without ransom payments or political concessions, in accordance with applicable international law, calling upon all Member States to prevent terrorists from benefiting directly or indirectly from ransom payments or from political concessions and to secure the safe release of hostages, and reaffirming the need for all Member States to cooperate closely during incidents of kidnapping and hostage-taking committed by terrorist groups,

Recalling concern at the increased use, in a globalized society, by terrorists and their supporters of new information and communications technologies, in particular the Internet, to facilitate terrorist acts, as well as their use to incite, recruit, fund, or plan terrorist acts,

Welcoming the efforts of the Secretariat to standardize the format of all United Nations sanctions lists to facilitate implementation by national authorities, further welcoming the Secretariat’s efforts to translate all list entries and narrative summaries of reasons for listing available in all official languages of the United Nations, including making the Afghanistan/Taliban sanctions list available in Dari and Pashtu,

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

Measures

  • 1. Decides that all States shall take the following measures with respect to individuals and entities designated prior to the date of adoption of resolution 1988 (2011) as the Taliban, as well as other individuals, groups, undertakings and entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan as designated by the Committee established in paragraph 35 of resolution 1988 (“the Committee”), in the 1988 Sanction List, hereafter known as “the List”)”:

    • a) Freeze without delay the funds and other financial assets or economic resources of these individuals, groups, undertakings and entities, including funds derived from property owned or controlled directly or indirectly, by them or by persons acting on their behalf or at their direction, and ensure that neither these nor any other funds, financial assets or economic resources are made available, directly or indirectly for such persons’ benefit, by their nationals or by persons within their territory;

    • b) Prevent the entry into or transit through their territories of these individuals, provided that nothing in this paragraph shall oblige any State to deny entry or require the departure from its territories of its own nationals and this paragraph shall not apply where entry or transit is necessary for the fulfilment of a judicial process or the Committee determines on a case-by-case basis only that entry or transit is justified, including where this directly relates to supporting efforts by the Government of Afghanistan to promote reconciliation;

    • c) Prevent the direct or indirect supply, sale, or transfer to these individuals, groups, undertakings and entities from their territories or by their nationals outside their territories, or using their flag vessels or aircraft, of arms and related materiel of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned and technical advice, assistance, or training related to military activities;

  • 2. Decides that the acts or activities indicating that an individual, group, undertaking or entity is eligible for listing under paragraph 1 include:

    • a) Participating in the financing, planning, facilitating, preparing or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of;

    • b) Supplying, selling or transferring arms and related materiel to;

    • c) Recruiting for; or

    • d) Otherwise supporting acts or activities of those designated and other individuals, groups, undertakings and entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan;

  • 3. Confirms that any individual or any group, undertaking or entity owned or controlled, directly or indirectly by, or otherwise supporting, such an individual, group, undertaking or entity on the List, shall be eligible for listing;

  • 4. Notes that such means of financing or support include but are not limited to the use of proceeds derived from crimes, including the illicit cultivation, production and trafficking of narcotic drugs originating in and transiting through Afghanistan, and trafficking of precursors into Afghanistan, and underscores the need to prevent those associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan from benefiting, directly or indirectly, from entities engaging in activities prohibited by this resolution, as well as the illegal exploitation of natural resources in Afghanistan;

  • 5. Confirms that the requirements in paragraph 1 (a) above apply to all proposed uses of funds or other financial assets or economic resources in connection with the travel of a listed individual, including costs incurred with respect to transportation and lodging, and that such travel-related funds or other financial assets or economic resources may only be provided in accordance with the exemption procedures set out in paragraphs 1 and 2 of resolution 1452 (2002), as amended by resolution 1735 (2006), and in paragraph 17 below;

  • 6. Confirms that the requirements in paragraph 1 (a) above apply to financial and economic resources of every kind, including but not limited to those used for the provision of Internet hosting or related services, used for the support of those on this List, as well as other individuals, groups, undertakings or entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan;

  • 7. Confirms further that the requirements in paragraph 1 (a) above shall also apply to the direct or indirect payment of ransoms to or for the benefit of individuals, groups, undertakings or entities on the List, regardless of how or by whom the ransom is paid;

  • 8. Decides that Member States may permit the addition to accounts frozen pursuant to the provisions of paragraph 1 above of any payment in favour of listed individuals, groups, undertakings or entities, provided that any such payments continue to be subject to the provisions in paragraph 1 above and are frozen;

  • 9. Encourages all Member States to more actively submit to the Committee listing requests of individuals and entities supporting the Taliban, and associated individuals, groups, undertakings, and entities, including those who provide financial support;

  • 10. Strongly urges all Member States to implement the comprehensive international standards embodied in the Financial Action Task Force’s (FATF) revised Forty Recommendations on Combating Money Laundering and the Financing of Terrorism and Proliferation;

  • 11. Calls upon Member States to move vigorously and decisively to cut the flows of funds and other financial assets and economic resources to individuals and entities on the List, as required by paragraph 1 (a), taking into account relevant FATF Recommendations and international standards designed to prevent the abuse of non-profit organizations, formal as well as informal/alternative remittance systems and the physical trans-border movement of currency, while working to mitigate the impact on legitimate activities through these mediums;

  • 12. Urges Member States to promote awareness of the List as widely as possible, including to relevant domestic agencies, the private sector and the general public to ensure effective implementation of the measures in paragraph 1; and encourages Member States to urge that their respective company, property and other relevant public and private registries regularly screen their available databases, including but not limited to those with legal and/or beneficial ownership information, against the List;

  • 13. Decides that States, in order to prevent those associated with the Taliban and other individuals, groups, undertakings and entities from obtaining, handling, storing, using or seeking access to all types of explosives, whether military, civilian or improvised explosives, as well as to raw materials and components that can be used to manufacture improvised explosive devices or unconventional weapons, including (but not limited to) chemical components, detonators, or detonating cord, shall undertake appropriate measures to promote the exercise of enhanced vigilance by their nationals, persons subject to their jurisdiction and entities incorporated in their territory or subject to their jurisdiction that are involved in the production, sale, supply, purchase, transfer and storage of such materials, including through the issuance of good practices;

  • 14. Strongly condemns the continued flow of weapons, including SALW, military equipment and IED components to the Taliban and expresses serious concern at the destabilizing impact of such weapons on the security and stability of Afghanistan, and emphasizing the need for enhancing control over the transfer of illicit SALW to in this regard, and further encourages Member States to share information, establish partnerships, and develop national strategies and capabilities to counter improvised explosive devices;

  • 15. Encourages Member States to exchange information expeditiously with other Member States, in particular the Government of Afghanistan and States of origin, destination, and transit, and with the Committee, when they detect the travel of listed individuals;

  • 16. Encourages Member States to consult the List when considering travel visa applications;

Exemptions

  • 17. Recalls its decision that all Member States may make use of the provisions set out in paragraphs 1 and 2 of resolution 1452 (2002), as amended by resolution 1735 (2006), regarding available exemptions with regard to the measures in paragraph 1 (a), encourages their use by Member States, and notes that the Focal Point mechanism established in resolution 1730 (2006) may receive exemption requests submitted by, or on behalf of, an individual, group, undertaking or entity on the List, or by the legal representative or estate of such individual, group, undertaking or entity, for Committee consideration, as described in paragraph 22 below;

  • 18. Recalls its decision that the assets freeze measures outlined in paragraph 1 (a) do not apply to funds and other financial assets or economic resources that the relevant State determines to be:

    • a) necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges, or exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services, or fees or service charges for routine holding or maintenance of frozen funds or other financial assets or economic resources, following notification of intention to authorize access to such funds and in the absence of a negative decision by the Committee within three working days of the notification;

    • b) necessary for extraordinary expenses, being expenses other than basic expenses, including funds to finance travel undertaken with an approved travel ban exemption request, following notification of the intention to authorize release of such funds and approval of the Committee of the request within five working days of the notification;

  • 19. Underlines the importance of a comprehensive political process in Afghanistan to support peace and reconciliation among all Afghans, invites the Government of Afghanistan, in close coordination with the High Peace Council, to submit for the Committee’s consideration the names of listed individuals for whom it confirms travel to such specified location or locations is necessary to participate in meetings in support of peace and reconciliation, and requires such submissions to include, to the extent possible, the following information:

    • a) The passport number or travel document number of the listed individual;

    • b) The specific location or locations to which each listed individual is expected to travel and their anticipated transit points, if any;

    • c) The period of time, not to exceed nine months, during which listed individuals are expected to travel;

    • d) A detailed list of funds or other financial assets or economic resources expected to be necessary in connection with the travel of the listed individual, including costs incurred with respect to transportation and lodging, as the basis for an exemption request for extraordinary expenses;

  • 20. Decides that the travel ban imposed by paragraph 1 (b) shall not apply to individuals identified pursuant to paragraph 19 above, where the Committee determines, on a case-by-case basis only, that such entry or transit is justified, further decides that any such exemption approved by the Committee shall only be granted for the requested period for any travel to the specified location or locations, directs the Committee to decide on all such exemption requests, as well as on requests to amend or renew previously granted exemptions, or on a request by any Member State to revoke previously granted exemptions, within ten days of receiving them, and affirms that, notwithstanding any exemption from the travel ban, listed individuals remain subject to the other measures outlined in paragraph 1 of this resolution;

  • 21. Requests the Government of Afghanistan, through the Monitoring Team, to provide to the Committee, for its consideration and review, a report on each individual’s travel under a granted exemption, promptly upon the exemption’s expiration, and encourages relevant Member States to provide information to the Committee, as appropriate, on any instances of non-compliance;

  • 22. Decides that the Focal Point mechanism established in resolution 1730 (2006) may:

    • a) Receive requests from listed individuals, groups, undertakings, and entities for exemptions to the measures outlined in paragraph 1 (a) of this resolution, as defined in resolution 1452 (2002), provided that the request has first been submitted for the consideration of the State of residence, and reaffirms further that the Focal Point shall transmit such requests to the Committee for a decision, directs the Committee to consider such requests, including in consultation with the State of residence and any other relevant States, and further directs the Committee, through the Focal Point, to notify such individuals, groups, undertaking or entities of the Committee’s decision;

    • b) Receive requests from listed individuals for exemptions to the measures outlined in paragraph 1 (b) of this resolution and transmit these to the Committee to determine, on a case-by-case basis, whether entry or transit is justified, directs the Committee to consider such requests in consultation with States of transit and destination and any other relevant States, and reaffirms further that the Committee shall only agree to exemptions to the measures in paragraph 1 (b) of this resolution with the agreement of the States of transit and destination, and further directs the Committee, through the Focal Point, to notify such individuals of the Committee’s decision;

Listing

  • 23. Encourages all Member States, in particular the Government of Afghanistan, to submit to the Committee for inclusion on the List names of individuals, groups, undertakings and entities participating, by any means, in the financing or support of acts or activities described in paragraph 2 above;

  • 24. Reaffirms that, when proposing names to the Committee for inclusion on the List, Member States shall use the standard form for listing and provide a statement of case, which should include as detailed and specific reasons as possible on the proposed basis for the listing, and as much relevant information as possible on the proposed name, in particular sufficient identifying information to allow for the accurate and positive identification of individuals, groups, undertakings and entities, and to the extent possible, the information required by INTERPOL to issue a INTERPOL-United Nations Security Council Special Notice, and decides further that the statement of case shall be releasable, upon request, except for the parts a Member State identifies as being confidential to the Committee, and may be used to develop the narrative summary of reasons for listing described in paragraph 26 below;

  • 25. Encourages Member States, in accordance with their national legislation, to submit to INTERPOL, where available, photographs and other biometric data of individuals for the inclusion in the INTERPOL-United Nations Security Council Special Notices, and directs the Monitoring Team to report to the Committee on further steps that could be taken to improve the quality of the 1988 Sanctions List, including by improving identifying information, as well as steps to ensure that INTERPOL-United Nations Security Council Special Notices exist for all listed individuals, groups, undertakings, and entities;

  • 26. Directs the Committee, with the assistance of the Monitoring Team and in coordination with the relevant designating States, to make accessible on the Committee’s website, at the same time a name is added to the List, a narrative summary of reasons for listing that are as detailed and specific as possible, as well as additional relevant information;

  • 27. Calls upon all members of the Committee and the Monitoring Team to share with the Committee any appropriate information they may have available regarding a listing request from a Member State so that this information may help inform the Committee’s decision on listing and provide additional material for the narrative summary of reasons for listing described in paragraph 26;

  • 28. Requests the Secretariat to publish on the Committee’s website all relevant publicly releasable information, including the narrative summary of reasons for listing, immediately after a name is added to the List;

  • 29. Strongly urges Member States, when considering the proposal of a new listing, to consult with the Government of Afghanistan on the listing prior to submission to the Committee to ensure coordination with the Government of Afghanistan’s peace and reconciliation efforts, and encourages all Member States considering the proposal of a new listing to seek advice from UNAMA, where appropriate;

  • 30. Decides that the Committee shall, after publication but within three working days after a name is added to the List, notify the Government of Afghanistan, the Permanent Mission of Afghanistan, and the Permanent Mission of the State(s) where the individual or entity is believed to be located and, in the case of non-Afghan individuals or entities, the State(s) of which the person is believed to be a national; and further decides that the relevant Member State(s) shall take all possible measures, in accordance with their domestic laws and practices, to notify or inform in a timely manner the listed individual or entity of the listing and to include with this notification the narrative summary of reasons for listing, a description of the effects of listing, as provided in the relevant resolutions, the Committee’s procedures for considering delisting requests, and the provisions of resolution 1452 (2002), as amended by resolution 1735 (2006), regarding available exemptions;

Delisting

  • 31. Directs the Committee to remove expeditiously individuals and entities on a case-by-case basis that no longer meet the listing criteria outlined in paragraph 2 above, and requests that the Committee give due regard to requests for removal of individuals who have reconciled, in accordance with the 20 July 2010 Kabul Conference Communiqué on dialogue for all those who renounce violence, have no links to international terrorist organizations, including Al-Qaida, respect the constitution, including its human rights provisions, notably the rights of women, and are willing to join in building a peaceful Afghanistan, and as further elaborated in the principles and outcomes of the 5 December 2011 Bonn Conference Conclusions supported by the Government of Afghanistan and the international community;

  • 32. Strongly urges Member States to consult with the Government of Afghanistan on their delisting requests prior to submission to the Committee, to ensure coordination with the Government of Afghanistan’s peace and reconciliation efforts;

  • 33. Recalls its decision that individuals and entities seeking removal from the List without the sponsorship of a Member State are eligible to submit such requests to the Focal Point mechanism established in resolution 1730 (2006);

  • 34. Encourages UNAMA to support and facilitate cooperation between the Government of Afghanistan and the Committee to ensure that the Committee has sufficient information to consider delisting requests, and directs the Committee to consider delisting requests in accordance with the following principles, where relevant:

    • a) Delisting requests concerning reconciled individuals should, if possible, include a communication from the High Peace Council through the Government of Afghanistan confirming the reconciled status of the individual according to the reconciliation guidelines, or, in the case of individuals reconciled under the Strengthening Peace Programme, documentation attesting to their reconciliation under the previous programme, as well as current address and contact information;

    • b) Delisting requests concerning individuals who formerly held positions in the Taliban regime prior to 2002 who no longer meet the listing criteria outlined in paragraph 2 of this resolution should, if possible, include a communication from the Government of Afghanistan confirming that the individual is not an active supporter of, or participant in, acts that threaten the peace, stability and security of Afghanistan, as well as current address and contact information;

    • c) Delisting requests for reportedly deceased individuals should include an official statement of death from the State of nationality, residence, or other relevant State;

  • 35. Urges the Committee, where appropriate, to invite a representative of the Government of Afghanistan to appear before the Committee to discuss the merits of listing or delisting certain individuals, groups, undertakings, and entities, including when a request by the Government of Afghanistan has been put on hold or rejected by the Committee;

  • 36. Requests all Member States, but particularly the Government of Afghanistan, to inform the Committee if they become aware of any information indicating that an individual, group, undertaking or entity that has been delisted should be considered for listing under paragraph 1 of this resolution, and further requests that the Government of Afghanistan provide to the Committee an annual report on the status of reportedly reconciled individuals who have been delisted by the Committee in the previous year;

  • 37. Directs the Committee to consider expeditiously any information indicating that a delisted individual has returned to activities set forth in paragraph 2, including by engaging in acts inconsistent with paragraph 31 of this resolution, and requests the Government of Afghanistan or other Member States, where appropriate, to submit a request to add that individual’s name back on the list;

  • 38. Confirms that the Secretariat shall, as soon as possible after the Committee has made a decision to remove a name from the List, transmit the decision to the Government of Afghanistan and the Permanent Mission of Afghanistan for notification, and the Secretariat should also, as soon as possible, notify the Permanent Mission of the State(s) in which the individual or entity is believed to be located and, in the case of non-Afghan individuals or entities, the State(s) of nationality, and recalls its decision that States receiving such notification take measures, in accordance with domestic laws and practices, to notify or inform the concerned individual or entity of the delisting in a timely manner;

Review and maintenance of the List

  • 39. Recognizes that the ongoing conflict in Afghanistan, and the urgency that the Government of Afghanistan and the international community attach to a peaceful political solution to the conflict, requires timely and expeditious modifications to the List, including the addition and removal of individuals and entities, urges the Committee to decide on listing and delisting requests in a timely manner, requests the Committee to review each entry on the list on a regular basis, including, as appropriate, by means of reviews of individuals considered to be reconciled, individuals whose entries lack identifiers, individuals reportedly deceased, and entities reported or confirmed to have ceased to exist, directs the Committee to review and amend its guidelines for such reviews, as appropriate, and requests the Monitoring Team to circulate to the Committee every twelve months a list compiled in consultation with the respective designating States and States of residence, in particular the Government of Afghanistan, as well as States of nationality, location or incorporation, where known, of:

    • a) Individuals on the List whom the Afghan Government considers to be reconciled along with relevant documentation as outlined in paragraph 34 (a);

    • b) Individuals and entities on the List whose entries lack identifiers necessary to ensure effective implementation of the measures imposed upon them;

    • c) Individuals on the List who are reportedly deceased, along with an assessment of relevant information outlined in paragraph 34 (c) and to the extent possible, the status and location of frozen assets and the names of any individuals or entities who would be in a position to receive any unfrozen assets;

  • 40. Directs the Committee to review whether these listings remain appropriate, and further directs the Committee to remove listings if it decides they are no longer appropriate;

  • 41. Requests the Monitoring Team to provide an overview of the current status of the information included in the INTERPOL-United Nations Security Council Special Notices on a periodic basis, as appropriate;

  • 42. Recalls that, with the exception of decisions made pursuant to paragraph 20 of this resolution, no matter shall be left pending before the Committee for a period longer than six months, urges Committee members to respond within three months,

  • 43. Urges the Committee to ensure that there are fair and clear procedures for the conduct of its work, and directs the Committee to review its guidelines as soon as possible, in particular with respect to paragraphs 17, 21, 32, 33, 34 and 35;

  • 44. Encourages Member States and relevant international organizations to send representatives to meet with the Committee to share information and discuss any relevant issues;

  • 45. Encourages all Member States, in particular designating States and States of residence, nationality, location or incorporation, to submit to the Committee additional identifying and other information, including where available, and in accordance with their national legislation, photographs and other biometric data of individuals along with supporting documentation, on listed individuals, groups, undertakings and entities, including updates on the operating status of listed entities, groups and undertakings, the movement, incarceration or death of listed individuals and other significant events, as such information becomes available;

  • 46. Directs the Committee to consider requests for information from States and international organizations with ongoing judicial proceedings concerning implementation of the measures imposed in paragraph 1, and to respond as appropriate with additional information available to the Committee and the Monitoring Team;

  • 47. Directs the Monitoring Team to refer to the Chair for review listings for which, after three years, no relevant State has responded in writing to the Committee’s requests for information, and in this regard, reminds the Committee that its Chair, acting in his or her capacity as Chair, may submit names for removal from the List, as appropriate and subject to the Committee’s normal decision-making procedures;

Cooperation with the Government of Afghanistan

  • 48. Welcomes periodic briefings from the Government of Afghanistan on the content of the list, as well as on the impact of targeted sanctions on deterring threats to the peace, stability and security of Afghanistan, and supporting Afghan-led reconciliation; and underlines that continued and close cooperation between the Government of Afghanistan and the Committee will contribute to further enhance efficiency and effectiveness of the regime;

  • 49. Encourages continued cooperation among the Committee, the Government of Afghanistan, and UNAMA, including by identifying and providing detailed information regarding individuals and entities participating in the financing or support of acts or activities set forth in paragraph 2 of this resolution, and by inviting UNAMA representatives to address the Committee and further encourages UNAMA within its existing mandate, resources, and capacity to continue to provide logistical support and security assistance to the Monitoring Team for its work in Afghanistan;

  • 50. Welcomes the Government of Afghanistan’s desire to assist the Committee in the coordination of listing and delisting requests and in the submission of all relevant information to the Committee;

Monitoring Team

  • 51. Decides, in order to assist the Committee in fulfilling its mandate, that the 1267/1989 Monitoring Team, established pursuant to paragraph 7 of resolution 1526 (2004), shall also support the Committee for a period of twenty-four months from the date of expiration of the current mandate in December 2017, with the mandate set forth in the annex to this resolution, and further requests the Secretary-General to make the necessary arrangements to this effect, and highlights the importance of ensuring that the Monitoring Team receives the necessary administrative and substantive support, to effectively, safely and in a timely manner fulfil its mandate, including with regard to duty of care in high risk environments, under the direction of the Committee, a subsidiary organ of the Security Council;

  • 52. Directs the Monitoring Team to gather information on instances of non-compliance with the measures imposed in this resolution and to keep the Committee informed of such instances, as well as to facilitate, upon request by Member States, assistance on capacity-building, encourages Committee members to address issues of non-compliance and bring them to the attention of the Monitoring Team or the Committee, and further directs the Monitoring Team to provide recommendations to the Committee on actions taken to respond to non-compliance;

Coordination and Outreach

  • 53. Recognizes the need to maintain contact with relevant United Nations Security Council Committees, international organizations and expert groups, including the Committee established pursuant to resolution 1267 (1999), the Counter-Terrorism Committee (CTC), the United Nations Office of Drugs and Crime, the Counter-Terrorism Committee Executive Directorate (CTED), the Committee established pursuant to resolution 1540 (2004), and the Financial Action Task Force (FATF), particularly given the continuing presence and negative influence on the Afghan conflict by Al-Qaida, and any cell, affiliate, splinter group or derivative thereof;

  • 54. Encourages UNAMA to provide assistance to the High Peace Council, at its request, to encourage listed individuals to reconcile;

  • 55. Requests the Committee to consider, where and when appropriate, visits to selected countries by the Chair and/or Committee members to enhance the full and effective implementation of the measures referred to in paragraph 1 above, with a view to encouraging States to comply fully with this resolution and resolutions.

  • 56. Requests the Committee to report orally, through its Chair, once per year, to the Council on the state of the overall work of the Committee and the Monitoring Team, and further requests the Chair to hold annual briefings for all interested Member States;

Reviews

  • 57. Decides to review the implementation of the measures outlined in this resolution in eighteen months and make adjustments, as necessary, to support peace and stability in Afghanistan;

  • 58. Decides to remain actively seized of the matter.


Annex

In accordance with paragraph 51 of this resolution, the Monitoring Team shall operate under the direction of the Committee and shall have the following responsibilities:

  • a) To submit, in writing, two annual comprehensive, independent reports to the Committee, on implementation by Member States of the measures referred to in paragraph 1 of this resolution, including specific recommendations for improved implementation of the measures and possible new measures;

  • b) To assist the Committee in regularly reviewing names on the List, including by undertaking travel on behalf of the Committee as a subsidiary organ of the Security Council and contact with Member States, with a view to developing the Committee’s record of the facts and circumstances relating to a listing;

  • c) To assist the Committee in following up on requests to Member States for information, including with respect to implementation of the measures referred to in paragraph 1 of this resolution;

  • d) To submit a comprehensive programme of work to the Committee for its review and approval, as necessary, in which the Monitoring Team should detail the activities envisaged in order to fulfil its responsibilities, including proposed travel on behalf of the Committee;

  • e) To gather information on behalf of the Committee on instances of reported non-compliance with the measures referred to in paragraph 1 of this resolution, including by, but not limited to, collating information from Member States and engaging with related parties, pursuing case studies, both on its own initiative and upon the Committee’s request, and to provide recommendations to the Committee on such cases of non-compliance for its review;

  • f) To present to the Committee recommendations, which could be used by Member States to assist them with the implementation of the measures referred to in paragraph 1 of this resolution and in preparing proposed additions to the List;

  • g) To assist the Committee in its consideration of proposals for listing, including by compiling and circulating to the Committee information relevant to the proposed listing, and preparing a draft narrative summary referred to in paragraph 26 of this resolution;

  • h) To bring to the Committee’s attention new or noteworthy circumstances that may warrant a delisting, such as publicly reported information on a deceased individual;

  • i) To consult with Member States in advance of travel to selected Member States, based on its programme of work as approved by the Committee;

  • j) To encourage Member States to submit names and additional identifying information for inclusion on the List, as instructed by the Committee;

  • k) To consult with the Committee, the Government of Afghanistan, or any relevant Member States, as appropriate, when identifying individuals or entities that could be added to, or removed from, the List;

  • l) To present to the Committee additional identifying and other information to assist the Committee in its efforts to keep the List as updated and accurate as possible;

  • m) To collate, assess, monitor and report on and make recommendations regarding implementation of the measures, including by key Afghan government institutions and any capacity assistance requirements; to pursue case studies, as appropriate; and to explore in depth any other relevant issues as directed by the Committee;

  • n) To consult with Member States and other relevant organizations and bodies, including UNAMA and other United Nations agencies, and engage in regular dialogue with representatives in New York and in capitals, taking into account their comments, especially regarding any issues that might be reflected in the Monitoring Team’s reports referred to in paragraph (a) of this annex;

  • o) To cooperate closely with the United Nations Office on Drugs and Crime (UNODC) and engage in a regular dialogue with Member States and other relevant organizations, including the Shanghai Cooperation Organization, the Collective Security Treaty Organization and the Combined Maritime Forces, on the nexus between narcotics trafficking and those individuals, groups, undertakings, and entities eligible for listing under paragraph 1 of this resolution, and report as requested by the Committee;

  • p) To provide an update report to the special report of the Monitoring Team pursuant to resolution 2160 (2014) Annex (p), as part of its regular comprehensive reports;

  • q) To consult with Member States’ intelligence and security services, including through regional forums, in order to facilitate the sharing of information and to strengthen enforcement of the measures;

  • r) To consult with relevant representatives of the private sector, including financial institutions, to learn about the practical implementation of the assets freeze and to develop recommendations for the strengthening of that measure;

  • s) To cooperate closely with the Al-Qaida Sanctions Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) and other relevant United Nations counter-terrorism bodies in providing information on the measures taken by Member States on kidnapping and hostage-taking for ransom and on relevant trends and developments in this area;

  • t) To consult with the Government of Afghanistan, Member States, relevant representatives of the private sector, including financial institutions and relevant non-financial businesses and professions, and with relevant international organizations, including the Financial Action Task Force (FATF) and its regional bodies, to raise awareness of the sanctions and to assist in the implementation of the measures in accordance with FATF Recommendation 6 on asset freezing and its related guidance;

  • u) To consult with the Government of Afghanistan, Member States, relevant representatives of the private sector and other international organizations, including International Civil Aviation Organization (ICAO), the International Air Transport Association (IATA), the World Customs Organization (WCO), and INTERPOL to raise awareness of and learn about the practical implementation of the travel ban, including the use of advanced passenger information provided by civil aircraft operators to Member States, and assets freeze and to develop recommendations for the strengthening of the implementation of these measures;

  • v) To consult with the Government of Afghanistan, Member States, international and regional organizations and relevant representatives of the private sector on the threat posed by improvised explosive devices (IEDs) to peace, security and stability in Afghanistan, to raise awareness of the threat and to develop, in line with their responsibilities under annex (a), recommendations for appropriate measures, to counter this threat;

  • w) To work with relevant international and regional organizations in order to promote awareness of, and compliance with, the measures;

  • x) To cooperate with INTERPOL and Member States to obtain photographs, physical descriptions and, in accordance with their national legislation, other biometric and biographic data of listed individuals when available for inclusion in INTERPOL-United Nations Security Council Special Notices and to exchange information on emerging threats;

  • y) To assist other subsidiary bodies of the Security Council, and their expert panels, upon request, with enhancing their cooperation with INTERPOL, referred to in resolution 1699 (2006);

  • z) To assist the Committee in facilitating assistance in capacity-building for enhancing implementation of the measures, upon request by Member States;

  • aa) To report to the Committee, on a regular basis or when the Committee so requests, through oral and/or written briefings on the work of the Monitoring Team, including its visits to Member States and its activities;

  • bb) To study and report to the Committee on the current nature of the threat of individuals, groups, undertakings and entities associated with the Taliban, in constituting a threat to the peace, stability and security of Afghanistan and the best measures to confront it, including by developing a dialogue with relevant scholars, academic bodies and experts according to the priorities identified by the Committee;

  • cc) To gather information, including from the Government of Afghanistan and relevant Member States, on travel that takes place under a granted exemption, pursuant to paragraphs 19 and 20, and to report to the Committee, as appropriate; and

  • dd) Any other responsibility identified by the Committee.

Op 27 januari 2016 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7611e zitting Resolutie 2262 (2016) inzake de Centraal-Afrikaanse Republiek aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2262 (2016)
Adopted by the Security Council at its 7611th meeting, on 27 January 2016

The Security Council,

Recalling its previous resolutions and statements on the Central African Republic (CAR), in particular resolutions 2121 (2013), 2127 (2013), 2134 (2014) 2149 (2014), 2181 (2014), 2196 (2015), 2212 (2015), 2217 (2015) as well as the Presidential Statements S/PRST/2014/28 of 18 December 2014 and S/PRST/2015/17 of 20 October 2015,

Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of the CAR, and recalling the importance of the principles of non-interference, good-neighbourliness and regional cooperation,

Recalling that the Central African Republic bears the primary responsibility to protect all populations within its territory from genocide, war crimes, ethnic cleansing and crimes against humanity,

Emphasizing that any sustainable solution to the crisis in the CAR should be CAR-owned, including the political and reconciliation process, and calling upon the Transitional Authorities to hold the legislative elections and the second round of the presidential election in a free, fair, transparent and inclusive manner, in order to end the transition by 31 March 2016, according with the agreed time frame,

Calling upon all stakeholders, including the candidates in the presidential and legislative elections, to refrain from engaging in any activity which could hamper the electoral process and strongly encouraging them to abide by the electoral code of conduct and to resolve any disputes peacefully through the established institutions and legal procedures,

Calling upon the elected authorities to urgently implement transparent and inclusive measures that allow for stabilization and reconciliation in the CAR, including to take concrete steps to restore the effective authority of the State over all of the territory of the CAR; to fight impunity by restoring administration of the judiciary and the criminal justice system, including the penitentiary system, throughout the country; to reform the CAR Armed Forces (FACA) and internal security forces in order to put in place multi-ethnic, professional, and republican security services through appropriate security sector reform processes; to carry out the disarmament, demobilization, reintegration and repatriation (DDRR) of armed groups; and to establish a functioning public financial management in order to meet the expenses related to the functioning of the State, implement early recovery plans, and revitalize the economy,

Commending the United Nations Integrated Multidimensional Mission in the CAR (MINUSCA) and the French forces for the ongoing work to help the Transitional authorities improve the security situation; noting also with concern, however, that while improving, security in the CAR remains fragile,

Welcoming the work done by the European Union military advice mission based in Bangui (EUMAM-RCA), as requested by the CAR transitional authorities, in order to contribute to providing them with expert advice on reforming the CAR Armed Forces (FACA) into a multi-ethnic, professional, and republican security services,

Calling upon the transitional authorities and subsequent elected authorities of the CAR to ensure that perpetrators of violations of applicable international law, including those committed against children and women, are excluded from the CAR security and armed forces,

Welcoming the commitment of the Secretary-General to enforce strictly his zero-tolerance policy on sexual exploitation and abuse, expressing grave concern over numerous allegations of sexual exploitation and abuse reportedly committed by peacekeepers in the CAR, stressing the urgent need for troop- and police-contributing countries and MINUSCA to promptly investigate those cases in a credible and transparent manner and to hold accountable those responsible for such criminal offenses or misconduct, and further stressing the need to prevent such exploitation and abuse and to improve how these allegations are addressed,

Welcoming the United Nations Secretary-General Report of 30 November 2015 (S/2015/918) submitted pursuant to resolution 2217 (2015),

Welcoming also the midterm update and the final report (S/2015/936) of the Panel of Experts on the Central African Republic established pursuant to resolution 2127 (2013), expanded by resolution 2134 (2014) and extended pursuant to resolution 2196 (2015), and taking note of the Panel of Experts’ recommendations,

Strongly condemning the upsurge of violence and instability in the Central African Republic (CAR), in particular in September and October 2015, and the threats of violence, human rights violations and abuses and international humanitarian law violations, including against women and children; the attacks against United Nations peacekeepers, international forces and humanitarian personnel; the continuous cycle of provocations and reprisals by armed groups, both inside and outside of Bangui and denial of humanitarian access, committed by armed elements, which continue to adversely affect the dire humanitarian situation faced by the civilian population and to impede humanitarian access to vulnerable populations,

Reiterating that all perpetrators of such acts must be held accountable and that some of those acts may amount to crimes under the Rome Statute of the International Criminal Court (ICC), to which the CAR is a State party, noting in this regard the opening by the Prosecutor of the International Criminal Court on 24 September 2014 of an investigation following the request of the national authorities on alleged crimes committed since 2012 and welcoming the ongoing cooperation by the CAR Transitional Authorities in this regard,

Stressing the urgent and imperative need to end impunity in the CAR and to bring to justice perpetrators of violations of international humanitarian law and of violations or abuses of human rights, underlining in this regard the need to bolster national accountability mechanisms and to further implement without delay the 7 August 2014 Memorandum of Understanding (MoU) on Urgent Temporary Measures, and the law promulgated in June 2015 to establish a national Special Criminal Court to investigate and prosecute serious crimes committed in the CAR, including by recruiting the necessary local and international staff,

Emphasizing that those engaging in or providing support for acts that undermine undermining the peace, stability or security of the CAR, threatening or impeding the transition process, or the political stabilization and reconciliation process, targeting of civilians and attacking peacekeepers may meet criteria for designation under sanctions as stated in this resolution,

Expressing grave concern at the findings of the Panel of Experts’ final report of 21 December 2015 (S/2015/936) that armed groups continue to destabilize the CAR and to pose a permanent threat to the peace, security and stability of the country, including through the establishment of illegitimate parallel administrations,

Expressing concern that illicit trafficking, trade, exploitation and smuggling of natural resources including gold, diamonds and wildlife has a negative impact in the economy and the development of the country, and that it continues to threaten the peace and stability of CAR,

Taking note of the Kimberley Process (KP) Administrative Decision on Resumption of Exports of Rough Diamonds from the CAR, its annexed Operational Framework, and the establishment of the KP Monitoring Team for CAR and recognizing the extraordinary efforts of the CAR transitional authorities and the KP, under the 2015 Chairmanship of Angola, to responsibly reintegrate CAR into the global diamond trade,

Noting with concern the findings of the Panel of Experts’ final report that the Lord’s Resistance Army (LRA) remains active in the CAR, has established links to other armed groups and is generating revenues from the exploitation and trade of natural resources, including gold, diamonds and wildlife poaching,

Noting with concern the ongoing transnational criminal activity in the region, emphasizing the risk of the situation in the CAR providing a conducive environment for further transnational criminal activity, such as that involving arms trafficking and the use of mercenaries as well as a potential breeding ground for radical networks,

Acknowledging in this respect the important contribution the Council-mandated arms embargo can make to countering the illicit transfer of arms and related materiel in the CAR and its region, and in supporting post-conflict peacebuilding, disarmament, demobilization and reintegration and security sector reform, recalling its resolutions 2117 (2013), 2127 (2013) and 2220 (2015) and expressing grave concern at the threat to peace and security in the CAR arising from the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons, and the use of such weapons against civilians affected by armed conflict,

Recalling the need for an inclusive and effective disarmament, demobilization and reintegration process (DDR) as well as repatriation and resettlement (DDRRR) in the case of foreign fighters, including children formerly associated with armed forces and groups, while respecting the need to fight impunity,

Reiterating the importance of all member States’ full implementation of the measures set out in UNSCRs 2127 (2013), 2134 (2014), 2196 (2015) and this resolution, including the obligation to implement targeted sanctions against individuals and entities designated by the Sanctions Committee established pursuant to resolution 2127 (2013) and underlining that individuals who knowingly facilitate the travel of a listed individual in violation of the travel ban may be determined by the Committee to have met the designation criteria for sanctions,

Noting the critical importance of effective implementation of the sanctions regime, including the key role that neighbouring States, as well as regional and subregional organizations, can play in this regard and encouraging efforts to further enhance cooperation and implementation of the sanctions regime in all its aspects,

Noting with concern the reports that sanctioned individuals are travelling in the region in violation of the travel ban, and underlining that individuals or entities who knowingly facilitate the travel of a sanctioned individual in violation of the travel ban may be determined by the Committee to have met the designation criteria for sanctions,

Welcoming efforts by the Chair of the 2127 Sanctions Committee and the President of the Security Council to support and strengthen the implementation of the measures imposed pursuant to resolution 2196 (2015) through engagement with Member States, especially regional States, and welcoming in this regard the travel by the Chair and Committee members to the CAR in August 2015,

Determining that the situation in the CAR continues to constitute a threat to international peace and security in the region,

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

Arms embargo

  • 1. Decides that, until 31 January 2017, all Member States shall continue to take the necessary measures to prevent the direct or indirect supply, sale or transfer to the CAR, from or through their territories or by their nationals, or using their flag vessels or aircraft, of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical assistance, training, financial or other assistance, related to military activities or the provision, maintenance or use of any arms and related materiel, including the provision of armed mercenary personnel whether or not originating in their territories, and decides further that this measure shall not apply to:

    • a) Supplies intended solely for the support of or use by MINUSCA, the African Union-Regional Task Force (AU-RTF), and the European Union Missions and French Forces deployed in the CAR;

    • b) Supplies of non-lethal equipment and provision of assistance, including operational and non-operational training to the CAR security forces, intended solely for support of or use in the CAR process of Security Sector Reform (SSR), in coordination with MINUSCA, and as notified in advance to the Committee, and requests MINUSCA to report on the contribution to SSR of this exemption, as part of its regular reports to the Council;

    • c) Supplies brought into the CAR by Chadian or Sudanese forces solely for their use in international patrols of the tripartite force established on 23 May 2011 in Khartoum by the CAR, Chad and Sudan, to enhance security in the common border areas, in cooperation with MINUSCA, as approved in advance by the Committee;

    • d) Supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as approved in advance by the Committee;

    • e) Protective clothing, including flak jackets and military helmets, temporarily exported to the CAR by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;

    • f) Supplies of small arms and other related equipment intended solely for use in international patrols providing security in the Sangha River Tri-national Protected Area to defend against poaching, smuggling of ivory and arms, and other activities contrary to the national laws of the CAR or the CAR’s international legal obligations, as notified in advance to the Committee;

    • g) Supplies of arms and other related lethal equipment to the CAR security forces, intended solely for support of or use in the CAR process of SSR, as approved in advance by the Committee; or

    • h) Other sales or supply of arms and related materiel, or provision of assistance or personnel, as approved in advance by the Committee;

  • 2. Decides to authorize all Member States to, and that all Member States shall, upon discovery of items prohibited by paragraph 1 of this resolution, seize, register and dispose (such as through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal) items the supply, sale, transfer or export of which is prohibited by paragraph 1 of this resolution and decides further that all Member States shall cooperate in such efforts;

  • 3. Reiterates its call upon the transitional authorities, and the subsequent elected authorities, with the assistance of MINUSCA and international partners, to address the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons in the CAR, and to ensure the collection and/or destruction of surplus, seized, unmarked, or illicitly held weapons and ammunition and further stresses the importance of incorporating such elements into SSR and DDRRR programmes;

  • 4. Strongly encourages the CAR transitional authorities and subsequent elected authorities to increase their capacity, with the support of MINUSCA, UNMAS, and other international partners, to store and manage weapons and ammunition in their possession, including those transferred from MINUSCA stocks, according to international best practices and norms, while ensuring that the FACA and interior forces units receiving such weapons and ammunition are fully trained and vetted;

Travel ban

  • 5. Decides that, until 31 January 2017, all Member States shall continue to take the necessary measures to prevent the entry into or transit through their territories of individuals designated by the Committee, provided that nothing in this paragraph shall oblige a State to refuse its own nationals entry into its territory;

  • 6. Decides that the measures imposed by paragraph 5 above shall not apply:

    • a) Where the Committee determines on a case-by-case basis that such travel is justified on the grounds of humanitarian need, including religious obligation;

    • b) Where entry or transit is necessary for the fulfilment of a judicial process;

    • c) Where the Committee determines on a case-by-case basis that an exemption would further the objectives of peace and national reconciliation in the CAR and stability in the region;

  • 7. Emphasizes that violations of the travel ban can undermine the peace, stability or security of the CAR, observes that individuals who knowingly facilitate the travel of a listed individual in violation of the travel ban may be determined by the Committee to have met the designation criteria provided for in this resolution and calls upon all parties and all Member States to cooperate with the Committee as well as the Panel of Experts on the implementation of the travel ban;

Asset freeze

  • 8. Decides that all Member States shall, until 31 January 2017, continue to freeze without delay all funds, other financial assets and economic resources which are on their territories, which are owned or controlled, directly or indirectly, by the individuals or entities designated by the Committee, or by individuals or entities acting on their behalf or at their direction, or by entities owned or controlled by them, and decides further that all Member States shall continue to ensure that any funds, financial assets or economic resources are prevented from being made available by their nationals or by any individuals or entities within their territories, to or for the benefit of the individuals or entities designated by the Committee;

  • 9. Decides that the measures imposed by paragraph 8 above do not apply to funds, other financial assets or economic resources that have been determined by relevant Member States:

    • a) To be necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges or exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services in accordance with national laws, or fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds, other financial assets and economic resources, after notification by the relevant State to the Committee of the intention to authorize, where appropriate, access to such funds, other financial assets or economic resources and in the absence of a negative decision by the Committee within five working days of such notification;

    • b) To be necessary for extraordinary expenses, provided that such determination has been notified by the relevant State or Member States to the Committee and has been approved by the Committee; or

    • c) To be the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered into prior to the date of the present resolution, is not for the benefit of a person or entity designated by the Committee, and has been notified by the relevant State or Member States to the Committee;

  • 10. Decides that Member States may permit the addition to the accounts frozen pursuant to the provisions of paragraph 8 above of interests or other earnings due on those accounts or payments due under contracts, agreements or obligations that arose prior to the date on which those accounts became subject to the provisions of this resolution, provided that any such interest, other earnings and payments continue to be subject to these provisions and are frozen;

  • 11. Decides that the measures in paragraph 8 above shall not prevent a designated person or entity from making payment due under a contract entered into prior to the listing of such a person or entity, provided that the relevant States have determined that the payment is not directly or indirectly received by a person or entity designated pursuant to paragraph 8 above, and after notification by the relevant States to the Committee of the intention to make or receive such payments or to authorize, where appropriate, the unfreezing of funds, other financial assets or economic resources for this purpose, 10 working days prior to such authorization;

Designation criteria

  • 12. Decides that the measures contained in paragraphs 5 and 8 shall apply to the individuals and entities designated by the Committee as engaging in or providing support for acts that undermine the peace, stability or security of the CAR, including acts that threaten or impede the political transition process, or the stabilization and reconciliation process or that fuel violence;

  • 13. Further decides in this regard that the measures contained in paragraphs 5 and 8 shall also apply to the individuals and entities designated by the Committee as:

    • a) Acting in violation of the arms embargo established in paragraph 54 of resolution 2127 (2013) and extended by paragraph 1 of this resolution, or as having directly or indirectly supplied, sold, or transferred to armed groups or criminal networks in CAR, or as having been the recipient of arms or any related materiel, or any technical advice, training, or assistance, including financing and financial assistance, related to violent activities of armed groups or criminal networks in CAR;

    • b) Involved in planning, directing, or committing acts that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, in the CAR, including acts involving sexual violence, targeting of civilians, ethnic- or religious-based attacks, attacks on schools and hospitals, and abduction and forced displacement;

    • c) Recruiting or using children in armed conflict in the CAR, in violation of applicable international law;

    • d) Providing support for armed groups or criminal networks through the illicit exploitation or trade of natural resources, including diamonds, gold, wildlife as well as wildlife products in or from the CAR;

    • e) Obstructing the delivery of humanitarian assistance to CAR, or access to, or distribution of, humanitarian assistance in CAR;

    • f) Involved in planning, directing, sponsoring, or conducting attacks against UN missions or international security presences, including MINUSCA, the European Union Missions and French operations which support them;

    • g) Being leaders of an entity that the Committee has designated pursuant to paragraphs 36 or 37 of resolution 2134 (2014) or this resolution, or having provided support to, or acted for or on behalf of, or at the direction of, an individual or an entity that the Committee has designated pursuant to paragraphs 36 or 37 of resolution 2134 (2014) or this resolution, or an entity owned or controlled by a designated individual or entity;

  • 14. Welcomes measures taken by Member States of the International Conference on the Great Lakes Region (ICGLR) to implement the Regional Initiative against Illegal Exploitation of Natural Resources as endorsed in the 2010 Lusaka Declaration, including promoting the use by economic actors of Due Diligence Frameworks such as the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas, and encourages all States, particularly those in the region, to continue to raise awareness of the due diligence guidelines;

Sanctions Committee

  • 15. Decides that the mandate of the Committee established pursuant to paragraph 57 of resolution 2127 (2013) shall apply with respect to the measures imposed in paragraphs 54 and 55 of resolution 2127 (2013) and paragraphs 30 and 32 of resolution 2134 (2014) extended by this resolution;

  • 16. Emphasizes the importance of holding regular consultations with concerned Member States, international and regional and subregional organizations, as may be necessary, in particular neighbouring and regional States, in order to ensure full implementation of the measures renewed by this resolution, and in that regard encourages the Committee to consider, where and when appropriate, visits to selected countries by the Chair and/or Committee members;

  • 17. Requests the Committee to identify possible cases of non-compliance with the measures pursuant to paragraphs 1, 2, 5 and 8 above and to determine the appropriate course of action on each case, and requests the Chair, in regular reports to the Council pursuant to paragraph 31 below, to provide progress reports on the Committee’s work on this issue;

  • 18. Recognizes the KP’s decision that CAR may resume trade in rough diamonds from “compliant zones” established under conditions set forth by the KP, notes that the KP intends to keep the Security Council, the Committee and its Panel of Experts, and MINUSCA informed of its decisions and, thereby, requests the KP Chair of the Working Group on Monitoring to periodically update the Committee on the work of the KP CAR Monitoring Team, including any decisions on areas designated as “compliant zones” and decisions related to the trade of the stockpiles of rough diamonds held in CAR;

  • 19. Calls for enhanced vigilance from trading centres and States in the region to support the CAR transitional authorities’ efforts to re-establish legitimate trade and benefit from its natural resources; and commends CAR for taking special measures to enhance traceability of diamonds from compliant zones so that diamonds are not used for the benefit of armed groups or to destabilize CAR;

  • 20. Encourages the KP to resolve the issue of the diamond stockpiles in cooperation with the CAR authorities and in consultation with the Panel of Experts;

Panel of Experts

  • 21. Expresses its full support for the Panel of Experts on the Central African Republic established pursuant to paragraph 59 of resolution 2127 (2013);

  • 22. Decides to extend the mandate of the Panel of Experts until 28 February 2017 and, expresses its intent to review the mandate and take appropriate action regarding further extension no later than 31 January 2017 and requests the Secretary-General to take the necessary administrative measures as expeditiously as possible to support its action;

  • 23. Decides that the mandate of the Panel of Experts shall include the following tasks, to:

    • a) Assist the Committee in carrying out its mandate as specified in this resolution, including through providing the Committee with information relevant to the potential designation at a later stage of individuals or entities who may be engaging in the activities described in paragraphs 12 and 13 above;

    • b) Gather, examine and analyse information from States, relevant United Nations bodies, regional organizations and other interested parties regarding the implementation of the measures decided in this resolution, in particular incidents of non-compliance, including to facilitate, upon request by Member States, assistance on capacity-building;

    • c) Provide to the Committee a midterm report no later than 30 July 2016 and a final report to the Security Council, after discussion with the Committee, by 31 December 2016 on the implementation of the measures imposed by paragraphs 54 and 55 of resolution 2127 (2013) and paragraphs 30 and 32 of resolution 2134 (2014) renewed by paragraphs 1, 2, 5 and 8 of this resolution;

    • d) Submit progress updates to the Committee, especially in situations of urgency, or as the Panel deems necessary;

    • e) Assist the Committee in refining and updating information on the list of individuals and entities designated by the Committee pursuant to the criteria renewed by paragraphs 11 and 12 above including through the provision of biometric information and additional information for the publicly available narrative summary of reasons for listing;

    • f) Assist the Committee by providing information regarding individuals and entities that may meet the designation criteria in paragraphs 11 and 12 above, including by reporting such information to the Committee, as it becomes available, and to include in its formal written reports, the names of potential designees, appropriate identifying information, and relevant information regarding why the individual or entity may meet the designation criteria in paragraphs 11 and 12 above;

    • g) Cooperate with the KP CAR Monitoring Team to support the resumption of exports of rough diamonds from CAR and report to the Committee if the resumption of trade is destabilizing CAR or benefiting armed groups;

  • 24. Calls upon the Panel of Experts to cooperate actively with other Panels or Groups of Experts established by the Security Council, as relevant to the implementation of their mandate;

  • 25. Expresses particular concern about reports of illicit trafficking networks which continue to fund and supply armed groups in the CAR, and encourages the Panel, in the course of carrying out its mandate, to devote special attention to the analysis of such networks;

  • 26. Urges the CAR, its neighbouring States and other member States of the International Conference on the Great Lakes Region (ICGLR) to cooperate at the regional level to investigate and combat regional criminal networks and armed groups involved in the illegal exploitation and smuggling of natural resources including gold, diamonds and wildlife poaching and trafficking;

  • 27. Urges all parties, and all Member States, as well as international, regional and subregional organizations to ensure cooperation with the Panel of Experts and the safety of its members;

  • 28. Further urges all Member States and all relevant United Nations bodies to ensure unhindered access, in particular to persons, documents and sites in order for the Panel of Experts to execute its mandate;

  • 29. Requests the Special Representative of the Secretary-General for Children and Armed Conflict and the Special Representative for Sexual Violence in Conflict to continue sharing relevant information with the Committee in accordance with paragraph 7 of resolution 1960 (2010) and paragraph 9 of resolution 1998 (2011);

Reporting and review

  • 30. Calls upon all States, particularly those in the region and those in which designated individuals and entities designated are based, to actively implement the measures contained in this resolution and to regularly report to the Committee on the actions they have taken to implement the measures imposed by paragraphs 54 and 55 of resolution 2127 (2013) and paragraphs 30 and 32 of resolution 2134 (2014) renewed by paragraphs 1, 2, 5 and 8 of this resolution;

  • 31. Requests the Committee to report orally, through its Chair, at least once per year to the Council, on the state of the overall work of the Committee, including alongside the Special Representative of the Secretary-General for the CAR on the situation in the CAR as appropriate, and encourages the Chair to hold regular briefings for all interested Member States;

  • 32. Affirms that it shall keep the situation in the CAR under continuous review and that it shall be prepared to review the appropriateness of the measures contained in this resolution, including the strengthening through additional measures, in particular the freezing of assets, modification, suspension or lifting of the measures, as may be needed at any time in light of the progress achieved in the stabilization of the country and compliance with this resolution;

  • 33. Decides to remain actively seized of the matter.

Op 24 februari 2016 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7630e zitting Resolutie 2266 (2016) inzake Jemen aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2266 (2016)
Adopted by the Security Council at its 7630th meeting, on 24 February 2016

The Security Council,

Recalling its resolutions 2014 (2011), 2051 (2012), 2140 (2014), 2201 (2015), 2204 (2015), 2216 (2015) and the statements of its President dated 15 February 2013 (S/PRST/2013/3), 29 August 2014 (S/PRST/2014/18) and 22 March 2015 (S/PRST/2015/8) concerning Yemen,

Reaffirming its strong commitment to the unity, sovereignty, independence and territorial integrity of Yemen,

Expressing concern at the ongoing political, security, economic and humanitarian challenges in Yemen, including the ongoing violence, and threats arising from the illicit transfer, destabilizing accumulation and misuse of weapons,

Reiterating its call for all parties in Yemen to adhere to resolving their differences through dialogue and consultation, reject acts of violence to achieve political goals, and refrain from provocation,

Reaffirming the need for all parties to comply with their obligations under international law, including international humanitarian law and international human rights law as applicable,

Expressing its support for and commitment to the work of the Special Envoy for Yemen to the Secretary-General, Ismail Ould Cheikh Ahmed, in support of the Yemeni transition process,

Expressing its grave concern that areas of Yemen are under the control of Al-Qaida in the Arabian Peninsula (AQAP) and about the negative impact of their presence, violent extremist ideology and actions on stability in Yemen and the region, including the devastating humanitarian impact on the civilian populations, expressing concern at the increasing presence and future potential growth of the Islamic State in Iraq and Levant (ISIL also known as Da’esh) affiliates in Yemen and reaffirming its resolve to address all aspects of the threat posed by AQAP, ISIL (Da’esh), and all other associated individuals, groups, undertakings and entities,

Recalling the listing of Al-Qaida in the Arabian Peninsula (AQAP) and associated individuals on the ISIL (Da’esh) and Al-Qaida Sanctions List and stressing in this regard the need for robust implementation of the measures in paragraph 2 of resolution 2253 (2015) as a significant tool in combating terrorist activity in Yemen,

Noting the critical importance of effective implementation of the sanctions regime imposed pursuant to resolution 2140 (2014) and resolution 2216 (2015), including the key role that Member States from the region can play in this regard, and encouraging efforts to further enhance cooperation,

Recalling the provisions of paragraph 14 of resolution 2216 (2015) imposing a targeted arms embargo,

Gravely distressed by the continued deterioration of the devastating humanitarian situation in Yemen, expressing serious concern at all instances of hindrances to the effective delivery of humanitarian assistance, including limitations on the delivery of vital goods to the civilian population of Yemen,

Emphasising the necessity of discussion by the Committee established pursuant to paragraph 19 of resolution 2140 (2014) (“the Committee”), of the recommendations contained in the Panel of Experts reports,

Determining that the situation in Yemen continues to constitute a threat to international peace and security,

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

  • 1. Reaffirms the need for the full and timely implementation of the political transition following the comprehensive National Dialogue Conference, in line with the Gulf Cooperation Council Initiative and Implementation Mechanism, and in accordance with resolutions 2014 (2011), 2051 (2012), 2140 (2014), 2201 (2015), 2204 (2015) and 2216 (2015), and with regard to the expectations of the Yemeni people;

  • 2. Decides to renew until 26 February 2017 the measures imposed by paragraphs 11 and 15 of resolution 2140 (2014), reaffirms the provisions of paragraphs 12, 13, 14 and 16 of resolution 2140 (2014), and further reaffirms the provisions of paragraphs 14 to 17 of resolution 2216 (2015);

Designation Criteria

  • 3. Reaffirms that the provisions of paragraphs 11 and 15 of resolution 2140 (2014) and paragraph 14 of 2216 (2015) shall apply to individuals or entities designated by the Committee, or listed in the annex to resolution 2216 (2015) as engaging in or providing support for acts that threaten the peace, security or stability of Yemen;

  • 4. Reaffirms the designation criteria set out in paragraph 17 of resolution 2140 (2014) and paragraph 19 of resolution 2216 (2015);

Reporting

  • 5. Decides to extend until 27 March 2017 the mandate of the Panel of Experts as set out in paragraph 21 of resolution 2140 (2014), and paragraph 21 of resolution 2216 (2015), expresses its intention to review the mandate and take appropriate action regarding the further extension no later than 27 February 2017, and requests the Secretary-General to take the necessary administrative measures as expeditiously as possible to re-establish the Panel of Experts, in consultation with the Committee until 27 March 2017 drawing, as appropriate, on the expertise of the members of the Panel established pursuant to resolution 2140 (2014);

  • 6. Requests the Panel of Experts to provide a midterm update to the Committee no later than 27 July 2016, and a final report no later than 27 January 2017 to the Security Council, after discussion with the Committee;

  • 7. Directs the Panel to cooperate with other relevant expert groups established by the Security Council to support the work of its Sanctions Committees, in particular the Analytical Support and Sanctions Monitoring Team established by resolution 1526 (2004) and extended by resolution 2253 (2015);

  • 8. Urges all parties and all Member States, as well as international, regional and subregional organizations to ensure cooperation with the Panel of Experts and further urges all Member States involved to ensure the safety of the members of the Panel of Experts and unhindered access, in particular to persons, documents and sites, in order for the Panel of Experts to execute its mandate;

  • 9. Emphasizes the importance of holding consultations with concerned Member States, as may be necessary, in order to ensure full implementation of the measures set forth in this resolution;

  • 10. Calls upon all Member States which have not already done so to report to the Committee as soon as possible on the steps they have taken with a view to implementing effectively the measures imposed by paragraphs 11 and 15 of resolution 2140 (2014) and paragraph 14 of resolution 2216 (2015) and recalls in this regard that Member States undertaking cargo inspections pursuant to paragraph 15 of resolution 2216 (2015) are required to submit written reports to the Committee as set out in paragraph 17 of resolution 2216 (2015);

  • 11. Recalls the Informal Working Group on General issues of Sanctions report (S/2006/997) on best practices and methods, including paragraphs 21, 22 and 23 that discuss possible steps for clarifying methodological standards for monitoring mechanisms;

  • 12. Reaffirms its intention to keep the situation in Yemen under continuous review and its readiness to review the appropriateness of the measures contained in this resolution, including the strengthening, modification, suspension or lifting of the measures, as may be needed at any time in light of developments;

  • 13. Decides to remain actively seized of the matter.

Op 2 maart 2016 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7638e zitting Resolutie 2270 (2016) inzake Noord-Korea aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2270 (2016)
Adopted by the Security Council at its 7638th meeting, on 2 March 2016

The Security Council,

Recalling its previous relevant resolutions, including resolution 825 (1993), resolution 1540 (2004), resolution 1695 (2006), resolution 1718 (2006), resolution 1874 (2009), resolution 1887 (2009), resolution 2087 (2013) and resolution 2094 (2013), as well as the statements of its President of 6 October 2006 (S/PRST/2006/41), 13 April 2009 (S/PRST/2009/7) and 16 April 2012 (S/PRST/2012/13),

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

Expressing gravest concern at the nuclear test conducted by the Democratic People’s Republic of Korea (“the DPRK”) on 6 January 2016 in violation of resolutions 1718 (2006), 1874 (2009), 2087 (2013) and 2094 (2013), and at the challenge such a test constitutes to the Treaty on Non-Proliferation of Nuclear Weapons (“the NPT”) and to international efforts aimed at strengthening the global regime of non-proliferation of nuclear weapons, and the danger it poses to peace and stability in the region and beyond,

Underlining once again the importance that the DPRK respond to other security and humanitarian concerns of the international community,

Underlining also that measures imposed by this resolution are not intended to have adverse humanitarian consequences for the civilian population DPRK,

Regretting the DPRK’s diversion of financial, technical and industrial resources toward developing its nuclear weapons and ballistic missile program, and condemning its declared intent to develop nuclear weapons,

Expressing deep concern at the grave hardship that the DPRK people are subjected to,

Expressing great concern that the DPRK’s arms sales have generated revenues that are diverted to the pursuit of nuclear weapons and ballistic missiles while DPRK citizens have great unmet needs,

Expressing serious concern that the DPRK has continued to violate relevant Security Council resolutions through repeated launches of ballistic missiles in 2014 and 2015, as well as the submarine-launched ballistic missile ejection test in 2015 and noting that all such ballistic missile activities contribute to the DPRK’s development of nuclear weapons delivery systems and increase tension in the region and beyond,

Expressing continued concern that the DPRK is abusing the privileges and immunities accorded under the Vienna Conventions on Diplomatic and Consular Relations,

Expressing its gravest concern that the DPRK’s ongoing nuclear-, and ballistic missile-related activities have further generated increased tension in the region and beyond, and determining that there continues to exist a clear threat to international peace and security,

Acting under Chapter VII of the Charter of the United Nations, and taking measures under its Article 41,

  • 1. Condemns in the strongest terms the nuclear test conducted by the DPRK on 6 January 2016 in violation and flagrant disregard of the Council’s relevant resolutions, and further condemns the DPRK’s launch of 7 February 2016, which used ballistic missile technology and was in serious violation of resolutions 1718 (2006), 1874 (2009), 2087 (2013), and 2094 (2013);

  • 2. Reaffirms its decisions that the DPRK shall not conduct any further launches that use ballistic missile technology, nuclear tests, or any other provocation, and shall suspend all activities related to its ballistic missile program and in this context re-establish its pre-existing commitments to a moratorium on missile launches, and demands that the DPRK immediately comply fully with these obligations;

  • 3. Reaffirms its decisions that the DPRK shall abandon all nuclear weapons and existing nuclear programs in a complete, verifiable and irreversible manner, and immediately cease all related activities;

  • 4. Reaffirms its decision that the DPRK shall abandon all other existing weapons of mass destruction and ballistic missile programs in a complete, verifiable and irreversible manner;

  • 5. Reaffirms that, pursuant to paragraph 8 (c) of resolution 1718 (2006), all Member States shall prevent any transfers to the DPRK by their nationals or from their territories, or from the DPRK by its nationals or from its territory, of technical training, advice, services or assistance related to the provision, manufacture, maintenance or use of nuclear-related, ballistic missile-related or other weapons of mass destruction-related items, materials, equipment, goods and technology, and underscores that this provision prohibits the DPRK from engaging in any form of technical cooperation with other Member States on launches using ballistic missile technology, even if characterized as a satellite launch or space launch vehicle;

  • 6. Decides that the measures in paragraph 8 (a) of resolution 1718 (2006) shall also apply to all arms and related materiel, including small arms and light weapons and their related materiel, as well as to financial transactions, technical training, advice, services or assistance related to the provision, manufacture, maintenance or use of such arms and related materiel;

  • 7. Affirms that the obligations imposed in paragraphs 8 (a), 8 (b) and 8 (c) of resolution 1718 (2006), as extended by paragraphs 9 and 10 of resolution 1874 (2009), apply with respect to the shipment of items to or from the DPRK for repair, servicing, refurbishing, testing, reverse-engineering, and marketing, regardless of whether ownership or control is transferred, and underscores that the measures specified in paragraph 8 (e) of resolution 1718 (2006) shall also apply to any individual traveling for the purposes of carrying out the activities described in this paragraph;

  • 8. Decides that the measures imposed in paragraphs 8 (a) and 8 (b) of resolution 1718 (2006) shall also apply to any item, except food or medicine, if the State determines that such item could directly contribute to the development of the DPRK’s operational capabilities of its armed forces, or to exports that support or enhance the operational capabilities of armed forces of another Member State outside the DPRK, and decides also that this provision shall cease to apply to the supply, sale or transfer of an item, or its procurement, if:

    • a) the State determines that such activity is exclusively for humanitarian purposes or exclusively for livelihood purposes which will not be used by DPRK individuals or entities to generate revenue, and also not related to any activity prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or this resolution, provided that the State notifies the Committee in advance of such determination and also informs the Committee of measures taken to prevent the diversion of the item for such other purposes, or

    • b) the Committee has determined on a case-by-case basis that a particular supply, sale or transfer would not be contrary to the objectives of resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or this resolution;

  • 9. Recalls that paragraph 9 of resolution 1874 (2009) requires States to prohibit the procurement from the DPRK of technical training, advice, services or assistance related to the provision, manufacture, maintenance or use of arms and related materiel, and clarifies that this paragraph prohibits States from engaging in the hosting of trainers, advisors, or other officials for the purpose of military-, paramilitary- or police-related training;

  • 10. Decides that the measures specified in paragraph 8 (d) of resolution 1718 (2006) shall apply also to the individuals and entities listed in Annex I and II of this resolution and to any individuals or entities acting on their behalf or at their direction, and to entities owned or controlled by them, including through illicit means;

  • 11. Decides that the measures specified in paragraph 8 (e) of resolution 1718 (2006) shall apply also to the individuals listed in Annex I of this resolution and to individuals acting on their behalf or at their direction;

  • 12. Affirms that “economic resources,” as referred to in paragraph 8 (d) of resolution 1718 (2006), includes assets of every kind, whether tangible or intangible, movable or immovable, actual or potential, which potentially may be used to obtain funds, goods, or services, such as vessels (including maritime vessels);

  • 13. Decides that if a Member State determines that a DPRK diplomat, governmental representative, or other DPRK national acting in a governmental capacity, is working on behalf or at the direction of a designated individual or entity, or of an individual or entities assisting in the evasion of sanctions or violating the provisions of resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or this resolution, then the Member State shall expel the individual from its territory for the purpose of repatriation to the DPRK consistent with applicable national and international law, provided that nothing in this paragraph shall impede the transit of representatives of the Government of the DPRK to the United Nations Headquarters or other UN facilities to conduct United Nations business, and decides that the provisions of this paragraph shall not apply with respect to a particular individual if: a) the presence of the individual is required for fulfillment of a judicial process, b) the presence of the individual is required exclusively for medical, safety or other humanitarian purposes, or c) the Committee has determined on a case-by-case basis that the expulsion of the individual would be contrary to the objectives of resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and this resolution;

  • 14. Decides that, if a Member State determines that an individual who is not a national of that State is working on behalf of or at the direction of a designated individual or entity or assisting the evasion of sanctions or violating the provisions of resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or this resolution, then Member States shall expel the individual from their territories for the purpose of repatriation to the individual’s state of nationality, consistent with applicable national and international law, unless the presence of the individual is required for fulfillment of a judicial process or exclusively for medical, safety or other humanitarian purposes, or the Committee has determined on a case-by-case basis that the expulsion of the individual would be contrary to the objectives of resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or this resolution, provided that nothing in this paragraph shall impede the transit of representatives of the Government of the DPRK to the United Nations Headquarters or other UN facilities to conduct United Nations business;

  • 15. Underscores that, as a consequence of implementing the obligations imposed in paragraph 8 (d) of resolution 1718 (2006) and paragraphs 8 and 11 of resolution 2094 (2013), all Member States shall close the representative offices of designated entities and prohibit such entities, as well as individuals or entities acting for or on their behalf, directly or indirectly, from participating in joint ventures or any other business arrangements, and underscores that if a representative of such an office is a DPRK national, then States are required to expel the individual from their territories for the purpose of repatriation to the DPRK consistent with applicable national and international law, pursuant to and consistent with paragraph 10 of resolution 2094 (2013);

  • 16. Notes that the DPRK frequently uses front companies, shell companies, joint ventures and complex, opaque ownership structures for the purpose of violating measures imposed in relevant Security Council resolutions, and, in this regard, directs the Committee, with the support of the Panel, to identify individuals and entities engaging in such practices and, if appropriate, designate them to be subject to the measures imposed in resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and this resolution;

  • 17. Decides that all Member States shall prevent specialized teaching or training of DPRK nationals within their territories or by their nationals of disciplines which could contribute to the DPRK’s proliferation sensitive nuclear activities or the development of nuclear weapon delivery systems, including teaching or training in advanced physics, advanced computer simulation and related computer sciences, geospatial navigation, nuclear engineering, aerospace engineering, aeronautical engineering and related disciplines;

  • 18. Decides that all States shall inspect the cargo within or transiting through their territory, including in their airports, seaports and free trade zones, that has originated in the DPRK, or that is destined for the DPRK, or has been brokered or facilitated by the DPRK or its nationals, or by individuals or entities acting on their behalf or at their direction, or entities owned or controlled by them, or by designated individuals or entities, or that is being transported on DPRK flagged aircraft or maritime vessels, for the purposes of ensuring that no items are transferred in violation of resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and this resolution, and calls upon States to implement such inspections in a manner that minimizes the impact on the transfer of cargo that the State determines is for humanitarian purposes;

  • 19. Decides that Member States shall prohibit their nationals and those in their territories from leasing or chartering their flagged vessels or aircraft or providing crew services to the DPRK, and decides that this prohibition shall also apply with respect to any designated individuals or entities, any other DPRK entities, any other individuals or entities whom the State determines to have assisted in the evasion of sanctions or in violating the provisions of resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or this resolution, any individuals or entities acting on behalf or at the direction of any of the aforementioned, and any entities owned or controlled by any of the aforementioned, calls upon Member States to de register any vessel that is owned, operated or crewed by the DPRK, further calls upon Member States not to register any such vessel that is de-registered by another Member State pursuant to this paragraph, and decides that this provision shall not apply with respect to such leasing, chartering or provision of crew services notified to the Committee in advance on a case-by-case basis accompanied by: a) information demonstrating that such activities are exclusively for livelihood purposes which will not be used by DPRK individuals or entities to generate revenue, and b) information on measures taken to prevent such activities from contributing to violations of the aforementioned resolutions;

  • 20. Decides that all States shall prohibit their nationals, persons subject to their jurisdiction and entities incorporated in their territory or subject to their jurisdiction from registering vessels in the DPRK, obtaining authorization for a vessel to use the DPRK flag, and from owning, leasing, operating, providing any vessel classification, certification or associated service, or insuring any vessel flagged by the DPRK, and decides that this measure shall not apply to activities notified in advance by the Committee on a case-by-case basis, following provision to the Committee of detailed information on the activities, including the names of individuals and entities involved in them, information demonstrating that such activities are exclusively for livelihood purposes which will not be used by DPRK individuals or entities to generate revenue and on measures taken to prevent such activities from contributing to violations of resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or this resolution;

  • 21. Decides that all States shall deny permission to any aircraft to take off from, land in or overfly, unless under the condition of landing for inspection, their territory, if they have information that provides reasonable grounds to believe that the aircraft contains items the supply, sale, transfer or export of which is prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or this resolution, except in the case of an emergency landing, and calls upon all States, when considering whether to grant overflight permission to flights to assess known risk factors;

  • 22. Decides that all Member States shall prohibit the entry into their ports of any vessel if the Member State has information that provides reasonable grounds to believe the vessel is owned or controlled, directly or indirectly, by a designated individual or entity, or contains cargo the supply, sale, transfer or export of which is prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or this resolution, unless entry is required in the case of emergency or in the case of return to its port of origination, or for inspection, or unless the Committee determines in advance that such entry is required for humanitarian purposes or any other purposes consistent with the objectives of this resolution;

  • 23. Recalls that the Committee has designated the DPRK firm Ocean Maritime Management (OMM), notes that the vessels specified in Annex III of this resolution are economic resources controlled or operated by OMM and therefore subject to the asset freeze imposed in paragraph 8 (d) of resolution 1718 (2006), and underscores that Member States are required to implement the relevant provisions of that resolution;

  • 24. Decides that the DPRK shall abandon all chemical and biological weapons and weapons-related programs, and shall act strictly in accordance with its obligations as a State Party to the Convention on the Prohibition of the Development, Production, or Stockpiling of Bacteriological (Biological) and Toxin Weapons and Their Destruction, and calls upon the DPRK to accede to the Convention of the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and Their Destruction, and then to immediately comply with its provisions;

  • 25. Decides to adjust the measures imposed by paragraph 8 of resolution 1718 (2006) and this resolution through the designation of additional goods, directs the Committee to undertake its tasks to this effect and to report to the Security Council within fifteen days of adoption of this resolution, and further decides that, if the Committee has not acted, then the Security Council will complete action to adjust the measures within seven days of receiving that report;

  • 26. Directs the Committee to review and update the items contained in S/2006/853/CORR.1 no later than sixty days from the adoption of this resolution and on an annual basis thereafter;

  • 27. Decides that the measures imposed in paragraphs 8 (a) and 8 (b) of resolution 1718 (2006) shall also apply to any item if the State determines that such item could contribute to the DPRK’s nuclear or ballistic missile programs or other weapons of mass destruction programs, activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), and this resolution, or to the evasion of measures imposed by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), and this resolution;

  • 28. Reaffirms paragraphs 14 through 16 of resolution 1874 (2009), and paragraph 8 of resolution 2087 (2013), and decides that these paragraphs shall apply also with respect to any items the supply, sale or transfer of which is prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or this resolution identified in inspections conducted pursuant to paragraph 18 of this resolution;

  • 29. Decides that the DPRK shall not supply, sell or transfer, directly or indirectly, from its territory or by its nationals or using its flag vessels or aircraft, coal, iron, and iron ore, and that all States shall prohibit the procurement of such material from the DPRK by their nationals, or using their flag vessels or aircraft, and whether or not originating in the territory of the DPRK, and decides that this provision shall not apply with respect to:

    • a) Coal that the procuring State confirms on the basis of credible information has originated outside the DPRK and was transported through the DPRK solely for export from the Port of Rajin (Rason), provided that the State notifies the Committee in advance and such transactions are unrelated to generating revenue for the DPRK’s nuclear or ballistic missile programs or other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or this resolution; and,

    • b) Transactions that are determined to be exclusively for livelihood purposes and unrelated to generating revenue for the DPRK’s nuclear or ballistic missile programs or other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or this resolution;

  • 30. Decides that the DPRK shall not supply, sell or transfer, directly or indirectly, from its territory or by its nationals or using its flag vessels or aircraft, gold, titanium ore, vanadium ore, and rare earth minerals, and that all States shall prohibit the procurement of such material from the DPRK by their nationals, or using their flag vessels or aircraft, and whether or not originating in the territory of the DPRK;

  • 31. Decides that all States shall prevent the sale or supply, by their nationals or from their territories or using their flag vessels or aircraft, of aviation fuel, including aviation gasoline, naptha-type jet fuel, kerosene-type jet fuel, and kerosene-type rocket fuel, whether or not originating in their territory, to the territory of the DPRK, or unless the Committee has approved in advance on an exceptional case-by-case basis the transfer to the DPRK of such products for verified essential humanitarian needs, subject to specified arrangements for effective monitoring of delivery and use, and decides also that this provision shall not apply with respect to the sale or supply of aviation fuel to civilian passenger aircraft outside the DPRK exclusively for consumption during its flight to the DPRK and its return flight;

  • 32. Decides that the asset freeze imposed by paragraph 8 (d) of resolution 1718 (2006) shall apply to all the funds, other financial assets and economic resources outside of the DPRK that are owned or controlled, directly or indirectly, by entities of the Government of the DPRK or the Worker’s Party of Korea, or by individuals or entities acting on their behalf or at their direction, or by entities owned or controlled by them, that the State determines are associated with the DPRK’s nuclear or ballistic missile programs or other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or this resolution, decides further that all States except the DPRK shall ensure that any funds, financial assets or economic resources are prevented from being made available by their nationals or by any individuals or entities within their territories, to or for the benefit of such individuals or entities, or individuals or entities acting on their behalf or at their direction, or entities owned or controlled by them, and decides that these measures shall not apply with respect to funds, other financial assets and economic resources that are required to carry out activities of the DPRK’s missions to the United Nations and its specialized agencies and related organizations or other diplomatic and consular missions of the DPRK, and to any funds, other financial assets and economic resources that the Committee determines in advance on a case-by-case basis are required for the delivery of humanitarian assistance, denuclearization or any other purpose consistent with the objectives of this resolution;

  • 33. Decides that States shall prohibit in their territories the opening and operation of new branches, subsidiaries, and representative offices of DPRK banks, decides further that States shall prohibit financial institutions within their territories or subject to their jurisdiction from establishing new joint ventures and from taking an ownership interest in or establishing or maintaining correspondent relationships with DPRK banks, unless such transactions have been approved by the Committee in advance, and decides that States shall take the necessary measures to close such existing branches, subsidiaries and representative offices, and also to terminate such joint ventures, ownership interests and correspondent banking relationships with DPRK banks within ninety days from the adoption of this resolution;

  • 34. Decides that States shall prohibit financial institutions within their territories or subject to their jurisdiction from opening new representative offices or subsidiaries, branches or banking accounts in the DPRK;

  • 35. Decides that States shall take the necessary measures to close existing representative offices, subsidiaries or banking accounts in the DPRK within ninety days, if the State concerned has credible information that provides reasonable grounds to believe that such financial services could contribute to the DPRK’s nuclear or ballistic missile programs, or other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or this resolution, and decides further that this provision shall not apply if the Committee determines on a case-by-case basis that such offices, subsidiaries or accounts are required for the delivery of humanitarian assistance or the activities of diplomatic missions in the DPRK pursuant to the Vienna Convention on Diplomatic Relations or the activities of the United Nations or its specialized agencies or related organizations, or for any other purposes consistent with resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or this resolution;

  • 36. Decides that all States shall prohibit public and private financial support from within their territories or by persons or entities subject to their jurisdiction for trade with the DPRK (including the granting of export credits, guarantees or insurance to their nationals or entities involved in such trade) where such financial support could contribute to the DPRK’s nuclear or ballistic missile programs or other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or this resolution, including paragraph 8;

  • 37. Expresses concern that transfers to the DPRK of gold may be used to evade the measures imposed in resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and this resolution, and clarifies that all States shall apply the measures set forth in paragraph 11 of resolution 2094 (2013) to the transfers of gold, including through gold couriers, transiting to and from the DPRK so as to ensure such transfers of gold do not contribute to the DPRK’s nuclear or ballistic missile programs, or other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or this resolution, or to the evasion of measures imposed by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or this resolution;

  • 38. Recalls that the Financial Action Task Force (FATF) has called upon countries to apply enhanced due diligence and effective countermeasure to protect their jurisdictions from the DPRK’s illicit financial activity, and calls upon Member States to apply the FATF Recommendation 7, its Interpretive Note, and related guidance to effectively implement targeted financial sanctions related to proliferation;

  • 39. Reaffirms the measures imposed in paragraph 8 (a) (iii) of resolution 1718 (2006) regarding luxury goods, and clarifies that the term “luxury goods” includes, but is not limited to, the items specified in Annex V of this resolution;

  • 40. Calls upon all States to report to the Security Council within ninety days of the adoption of this resolution, and thereafter upon request by the Committee, on concrete measures they have taken in order to implement effectively the provisions of this resolution, requests the Panel of Experts established pursuant to resolution 1874 (2009), in cooperation with other UN sanctions monitoring groups, to continue its efforts to assist States in preparing and submitting such reports in a timely manner, and directs the Committee to prioritize outreach to those Member States who have never submitted implementation reports as requested by the Security Council;

  • 41. Calls upon all States to supply information at their disposal regarding non-compliance with the measures imposed in resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or this resolution;

  • 42. Encourages all States to examine the circumstances of previously reported sanctions violations, particularly the items seized or activities prevented pursuant to the relevant resolutions, so as to assist in ensuring full and appropriate implementation of these resolutions, especially paragraph 27 of this resolution, and notes in this regard the reporting of the Panel of Experts and the information regarding sanctions violations that the Committee has released publicly;

  • 43. Directs the Committee to respond effectively to violations of the measures decided in resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), and this resolution, and, in this regard, directs the Committee to designate additional individuals and entities to be subject to the measures imposed in resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), and this resolution;

  • 44. Directs the Committee to continue its efforts to assist Member States in implementing the measures imposed on the DPRK, and, in this regard, requests the Committee to draft and circulate a comprehensive compilation of all the measures imposed in resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), and this resolution so as to facilitate Member State implementation;

  • 45. Directs the Committee to update the information contained on the Committee’s list of individuals and entities, including new aliases and front companies, and directs the Committee to complete this task within 45 days of the adoption of this resolution and every twelve months thereafter;

  • 46. Decides that the mandate of the Committee, as set out in paragraph 12 of resolution 1718 (2006), shall apply with respect to the measures imposed in resolution 1874 (2009), 2094 (2013) and this resolution;

  • 47. Emphasizes the importance of all States, including the DPRK, taking the necessary measures to ensure that no claim shall lie at the instance of the DPRK, or of any person or entity in the DPRK, or of persons or entities designated for measures set forth in resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or this resolution, or any person claiming through or for the benefit of any such person or entity, in connection with any contract or other transaction where its performance was prevented by reason of the measures imposed by this resolution or previous resolutions;

  • 48. Underlines that measures imposed by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and this resolution are not intended to have adverse humanitarian consequences for the civilian population of the DPRK or to affect negatively those activities, including economic activities and cooperation, that are not prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or this resolution, and the work of international organizations and non-governmental organization carrying out assistance and relief activities in the DPRK for the benefit of the civilian population of the DPRK;

  • 49. Reiterates the importance of maintaining peace and stability on the Korean Peninsula and in north-east Asia at large, and expresses its commitment to a peaceful, diplomatic and political solution to the situation and welcomes efforts by Council members as well as other States to facilitate a peaceful and comprehensive solution through dialogue and to refrain from any actions that might aggravate tensions;

  • 50. Reaffirms its support to the Six Party Talks, calls for their resumption, and reiterates its support for the commitments set forth in the Joint Statement of 19 September 2005 issued by China, the DPRK, Japan, the Republic of Korea, the Russian Federation, and the United States, including that the goal of the Six-Party Talks is the verifiable denuclearization of the Korean Peninsula in a peaceful manner, that the United States and the DPRK undertook to respect each other’s sovereignty and exist peacefully together, and that the Six Parties undertook to promote economic cooperation, and all other relevant commitments;

  • 51. Affirms that it shall keep the DPRK’s actions under continuous review and is prepared to strengthen, modify, suspend or lift the measures as may be needed in light of the DPRK’s compliance, and, in this regard, expresses its determination to take further significant measures in the event of a further DPRK nuclear test or launch;

  • 52. Decides to remain seized of the matter.

Annex I
Travel Ban/Asset Freeze (Individuals)

  • 1. CHOE CHUN-SIK

    • a) Description: Choe Chun-sik was the director of the Second Academy of Natural Sciences (SANS) and was the head of the DPRK’s long-range missile program.

    • b) AKA: Choe Chun Sik; Ch’oe Ch’un Sik

    • c) Identifiers: DOB: 12 October 1954; Nationality: DPRK

  • 2. CHOE SONG IL

    • a) Description: Tanchon Commercial Bank Representative in Vietnam

    • b) AKA: NA

    • c) Identifiers: Passport: 472320665; Passport Date of Expiration: 26 Sep 2017; Passport: 563120356; Nationality: DPRK

  • 3. HYON KWANG IL

    • a) Description: Hyon Kwang Il is the Department Director for Scientific Development at the National Aerospace Development Administration.

    • b) AKA: Hyon Gwang Il

    • c) Identifiers: DOB: 27 May 1961; Nationality: DPRK

  • 4. JANG BOM SU

    • a) Description: Tanchon Commercial Bank Representative in Syria

    • b) AKA: Jang Pom Su

    • c) Identifiers: DOB: 15 April 1957; Nationality: DPRK

  • 5. JANG YONG SON

    • a) Description: Korea Mining Development Trading Corporation (KOMID) Representative in Iran

    • b) AKA: NA

    • c) Identifiers: DOB: 20 February 1957; Nationality: DPRK

  • 6. JON MYONG GUK

    • a) Description: Tanchon Commercial Bank Representative in Syria

    • b) AKA: Cho’n Myo’ng-kuk

    • c) Identifiers: Passport:4721202031; Passport Date of Expiration: 21 Feb 2017; Nationality: DPRK; DOB: 18 Oct 1976

  • 7. KANG MUN KIL

    • a) Description: Kang Mun Kil has conducted nuclear procurement activities as a representative of Namchongang, also known as Namhung.

    • b) AKA: Jiang Wen-ji

    • c) Identifiers: Passport: PS 472330208; Passport Date of Expiration: 4 July 2017; Nationality: DPRK

  • 8. KANG RYONG

    • a) Description: Korea Mining Development Trading Corporation (KOMID) Representative in Syria

    • b) AKA: NA

    • c) Identifiers: DOB: 21 August 1969; Nationality: DPRK

  • 9. KIM JUNG JONG

    • a) Description: Tanchon Commercial Bank Representative in Vietnam

    • b) AKA: Kim Chung Chong

    • c) Identifiers: Passport: 199421147 Passport Date of Expiration: 29 Dec 2014; Passport: 381110042, Passport Date of Expiration: 25 Jan 2016; Passport: 563210184, Passport Date of Expiration: 18 Jun 2018; DOB: 07 Nov 1966, Nationality: DPRK

  • 10. KIM KYU

    • a) Description: Korea Mining Development Trading Corporation (KOMID) External Affairs Officer

    • b) AKA: NA

    • c) Identifiers: DOB: 30 July 1968, Nationality: DPRK

  • 11. KIM TONG MY’ONG

    • a) Description: Kim Tong My’ong is the President of Tanchon Commercial Bank and has held various positions within Tanchon Commercial bank since at least 2002. He has also played a role in managing Amroggang’s affairs.

    • b) AKA: Kim Chin-So’k, Kim Tong-Myong, Kim Jin-Sok; Kim, Hyok-Chol

    • c) Identifiers: DOB: 1964; Nationality: DPRK

  • 12. KIM YONG CHOL

    • a) Description: KOMID Representative in Iran

    • b) AKA: NA

    • c) Identifiers: DOB. 18 February 1962; Nationality: DPRK

  • 13. KO TAE HUN

    • a) Description: Tanchon Commercial Bank Representative

    • b) AKA: Kim Myong Gi

    • c) Identifiers: Passport: 563120630; Passport Date of Expiration: 20 March 2018, D.O.B. 25 May 1972; Nationality: DPRK

  • 14. RI MAN GON

    • a) Description: Ri Man Gon is the Minister of the Munitions Industry Department.

    • b) AKA: n/a

    • c) Identifiers: DOB: 29 October 1945; Passport number: PO381230469; Passport Date of Expiration: 6 April 2016; Nationality: DPRK

  • 15. RYU JIN

    • a) Description: KOMID Representative in Syria

    • b) AKA: NA

    • c) Identifiers: DOB: 07 August 1965; Passport Number: 563410081; Nationality: DPRK

  • 16. YU CHOL U

    • a) Description: Yu Chol U is the Director of the National Aerospace Development Administration.

    • b) AKA: n/a

    • c) Identifiers: Nationality: DPRK

      List Update for Alias: Ra, Kyong-Su (KPi.008) – New AKA: Chang, Myong Ho

Annex II
Asset Freeze (Entities)

  • 1. ACADEMY OF NATIONAL DEFENSE SCIENCE

    • a) Description: The Academy of National Defense Science is involved in the DPRK’s efforts to advance the development of its ballistic missile and nuclear weapons programs.

    • b) AKA: n/a

    • c) Location: Pyongyang, DPRK

  • 2. CHONGCHONGANG SHIPPING COMPANY

    • a) Description: The Chongchongang Shipping Company, through its vessel, the Chong Chon Gang, attempted to directly import the illicit shipment of conventional weapons and arms to the DPRK in July 2013.

    • b) AKA: Chong Chon Gang Shipping Co. Ltd.

    • c) Location: Address: 817 Haeun, Donghung-dong, Central District, Pyongyang, DPRK; Alternate Address: 817, Haeum, Tonghun-dong, Chung-gu, Pyongyang, DPRK; IMO Number: 5342883

  • 3. DAEDONG CREDIT BANK (DCB)

    • a) Description: Daedong Credit Bank has provided financial services to the Korea Mining Development Trading Corporation (KOMID) and Tanchon Commercial Bank. Since at least 2007, DCB has facilitated hundreds of financial transactions worth millions of dollars on behalf of KOMID and Tanchon Commercial Bank. In some cases, DCB has knowingly facilitated transactions by using deceptive financial practices.

    • b) AKA: DCB; AKA: Taedong Credit Bank

    • c) Location: Address: Suite 401, Potonggang Hotel, Ansan-Dong, Pyongchon District, Pyongyang, DPRK; Alternate Address: Ansan-dong, Botonggang Hotel, Pongchon, Pyongyang, DPRK; SWIFT: DCBK KKPY

  • 4. HESONG TRADING COMPANY

    • a) Description: The Korea Mining Development Trading Corporation (KOMID) is the parent company of Hesong Trading Corporation.

    • b) Location: Pyongyang, DPRK

  • 5. KOREA KWANGSON BANKING CORPORATION (KKBC)

    • a) Description: KKBC provides financial services in support to Tanchon Commercial Bank and Korea Hyoksin Trading Corporation, a subordinate of the Korea Ryonbong General Corporation. Tanchon Commercial Bank has used KKBC to facilitate funds transfers likely amounting to millions of dollars, including transfers involving Korea Mining Development Corporation related funds.

    • b) AKA: KKBC

    • c) Address: Jungson-dong, Sungri Street, Central District, Pyongyang, DPRK

  • 6. KOREA KWANGSONG TRADING CORPORATION

    • a) Description: The Korea Ryongbong General Corporation is the parent company of Korea Kwangsong Trading Corporation.

    • b) Address: Rakwon-dong, Pothonggang District, Pyongyang, DPRK

  • 7. MINISTRY OF ATOMIC ENERGY INDUSTRY

    • a) Description: The Ministry of Atomic Energy Industry was created in 2013 for the purpose of modernizing the DPRK’s atomic energy industry to increase the production of nuclear materials, improve their quality, and further develop an independent DPRK nuclear industry. As such, the MAEI is known to be a critical player in the DPRK’s development of nuclear weapons and is in charge of day-to-day operation of the country’s nuclear weapons program, and under it are other nuclear-related organizations. Under this ministry are a number of nuclear-related organizations and research centers, as well as two committees: an Isotope Application Committee and a Nuclear Energy Committee. The MAEI also directs a nuclear research center at Yongbyun, the site of the DPRK’s known plutonium facilities. Furthermore, in the 2015 Panel of Experts (POE) report, the POE stated that Ri Je-son, a former director of the GBAE who was designated by the Committee established pursuant to resolution 1718 (2006) in 2009 for engagement in or support for nuclear related programs, was appointed as head of the MAEI on April 9, 2014.

    • b) AKA: MAEI

    • c) Address: Haeun-2-dong, Pyongchon District, Pyongyang, DPRK

  • 8. MUNITIONS INDUSTRY DEPARTMENT

    • a) Description: The Munitions Industry Department is involved in key aspects of the DPRK’s missile program. MID is responsible for overseeing the development of the DPRK’s ballistic missiles, including the Taepo Dong-2. The MID oversees the DPRK’s weapons production and R&D programs, including the DPRK’s ballistic missile program. The Second Economic Committee and the Second Academy of Natural Sciences – also designated in August 2010 – are subordinate to the MID. The MID in recent years has worked to develop the KN08 road-mobile ICBM.

    • b) AKA: Military Supplies Industry Department

    • c) Location: Pyongyang, DPRK

  • 9. NATIONAL AEROSPACE DEVELOPMENT ADMINISTRATION

    • a) Description: NADA is involved in the DPRK’s development of space science and technology, including satellite launches and carrier rockets.

    • b) AKA: NADA

    • c) Location: DPRK

  • 10. OFFICE 39

    • a) Description: DPRK government entity.

    • b) AKA: Office #39; AKA: Office No. 39; AKA: Bureau 39; AKA: Central Committee Bureau 39; AKA: Third Floor; AKA: Division 39

    • c) Location: DPRK

  • 11. RECONNAISSANCE GENERAL BUREAU

    • a) Description: The Reconnaissance General Bureau is the DPRK’s premiere intelligence organization, created in early 2009 by the merger of existing intelligence organizations from the Korean Workers’ Party, the Operations Department and Office 35, and the Reconnaissance Bureau of the Korean People’s Army. The Reconnaissance General Bureau trades in conventional arms and controls the DPRK conventional arms firm Green Pine Associated Corporation.

    • b) AKA: Chongch’al Ch’ongguk; KPA Unit 586; RGB

    • c) Location: Address: Hyongjesan-Guyok, Pyongyang, DPRK; Alternate Address: Nungrado, Pyongyang, DPRK.

  • 12. SECOND ECONOMIC COMMITTEE

    • a) Description: The Second Economic Committee is involved in key aspects of the DPRK’s missile program. The Second Economic Committee is responsible for overseeing the production of the DPRK’s ballistic missiles, and directs the activities of KOMID.

    • b) AKA: N/A

    • c) Location: Kangdong, DPRK

      List Update for Alias: NAMCHONGANG TRADING CORPORATION (KPe.004) – New AKA: Namhung Trading Corporation

Annex III
OMM Vessels

Ship Name

IMO Number

1.

CHOL RYONG (RYONG GUN BONG)

8606173

2.

CHONG BONG(GREENLIGHT)(BLUE NOUVELLE)

8909575

3.

CHONG RIM 2

8916293

4.

DAWNLIGHT

9110236

5.

EVER BRIGHT 88 (J STAR)

8914934

6.

GOLD STAR 3 (BENEVOLENCE 2)

8405402

7.

HOE RYONG

9041552

8.

HU CHANG (O UN CHONG NYON)

8330815

9.

HUI CHON (HWANG GUM SAN 2)

8405270

10.

JH 86

8602531

11.

JI HYE SAN (HYOK SIN 2)

8018900

12.

JIN Tal

9163154•

13.

JIN TENG

9163166

14.

KANG GYE (PI RYU GANG)

8829593

15.

MI RIM

8713471

16.

MI RIM 2

9361407

17.

O RANG (PO THONG GANG)

8829555

18.

ORION STAR (RICHOCEAN)

9333589

19.

RA NAM 2

8625545

20.

RANAM 3

9314650

21.

RYO MYONG

8987333

22.

RYONG RIM (JON JIN 2)

8018912

23.

SE PHO (RAK WON 2)

8819017

24.

SONGJIN (JANG JA SAN CHONG NYON HO)

8133530

25.

SOUTH HILL 2

8412467

26.

SOUTH HILL 5

9138680

27.

TAN CHON (RYONG GANG 2)

7640378

28.

THAE PYONG SAN (PETREL 1)

9009085

29.

TONG HUNG SAN (CHONG CHON GANG)

7937317

30.

GRAND KARO

8511823

31.

TONG HUNG 1

8661575

Annex IV:
Luxury Goods

  • a) Luxury watches: wrist, pocket, and other with a case of precious metal or of metal clad with precious metal

  • b) Transportation items, as follows:

    • 1. aquatic recreational vehicles (such as personal watercraft)

    • 2. snowmobiles (valued greater than $2,000)

  • c) Items of lead crystal

  • d) Recreational sports equipment

Op 2 maart 2016 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7639e zitting Resolutie 2271 (2016) inzake Zuid-Sudan aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2271 (2016)
Adopted by the Security Council at its 7639th meeting, on 2 March 2016

The Security Council,

Recalling its previous resolutions and statements on South Sudan, in particular resolutions 2057 (2012), 2109 (2013), 2132 (2013), 2155 (2014) 2187 (2014), 2206 (2015), 2241 (2015), and 2252 (2015),

Determining that the situation in South Sudan continues to constitute a threat to international peace and security in the region,

Acting under Article 41 of Chapter VII of the Charter of the United Nations,

  • 1. Decides to renew until 15 April 2016 the measures imposed by paragraphs 9 and 12 of resolution 2206 (2015), and reaffirms the provisions of paragraphs 10, 11, 13, 14 and 15 of resolution 2206 (2015);

  • 2. Decides to extend until 15 May 2016 the mandate of the Panel of Experts as set out in paragraph 18 of resolution 2206 (2015), expresses its intention to review the mandate and take appropriate action regarding the further extension no later than April 15, 2016;

  • 3. Decides to remain seized of the matter.

Op 31 maart 2016 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7661e zitting Resolutie 2278 (2016) inzake Libië aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2278 (2016)
Adopted by the Security Council at its 7661st meeting, on 31 March 2016

The Security Council,

Recalling the arms embargo, travel ban, assets freeze and measures concerning illicit oil exports which were imposed and modified by resolutions 1970 (2011), 1973 (2011), 2009 (2011), 2040 (2012), 2095 (2013), 2144 (2014), 2146 (2014), 2174 (2014) and 2213 (2015) (the Measures), and that the mandate of the Panel of Experts established by paragraph 24 of resolution 1973 (2011) and modified by resolutions 2040 (2012), 2146 (2014) and 2174 (2014) was extended until 30 April 2016 by resolution 2213 (2015),

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Libya,

Recalling resolution 2259 (2015) which welcomed the signing of the 17 December 2015 Libyan Political Agreement of Skhirat, Morocco and endorsed the Rome Communiqué of 13 December 2015 to support the Government of National Accord as the sole legitimate government of Libya, that should be based in Tripoli, and further expressing its determination in this regard to support the Government of National Accord,

Welcoming the meeting of the Libyan Political Dialogue on 10 March 2016, which reaffirmed its commitment to uphold the Libyan Political Agreement,

Underlining the primary responsibility of the Government of National Accord in taking appropriate action to prevent the illicit export of crude oil from Libya and reaffirming the importance of international support for Libyan sovereignty over its territory and resources,

Expressing its concern that the illicit export of crude oil from Libya undermines the Government of National Accord and poses a threat to the peace, security and stability of Libya,

Expressing support to Libyan efforts to resolve peacefully the disruptions of Libya’s energy exports and reiterating that control of all facilities should be transferred back to the proper authorities,

Further reiterating its concern about activities which could damage the integrity and unity of Libyan State financial institutions and the National Oil Corporation, highlighting the importance of these institutions continuing to function for the benefit of all Libyans, and stressing the need for the Government of National Accord to exercise sole and effective oversight over the National Oil Corporation, the Central Bank of Libya, and the Libyan Investment Authority as a matter of urgency, without prejudice to future constitutional arrangements pursuant to the Libyan Political Agreement,

Further recalling resolution 2259 (2015) which called on Member States to cease support to and official contact with parallel institutions claiming to be the legitimate authority, but which were outside the Libyan Political Agreement, as specified by it,

Recalling that international law, as reflected in the United Nations Convention on the Law of the Sea of 10 December 1982, sets out the legal framework applicable to activities in the ocean,

Reaffirming the importance of holding accountable those responsible for violations or abuses of human rights or violations of international humanitarian law, including those involved in attacks targeting civilians and stressing the need to transfer detainees to State authority,

Reiterating its expression of support for the Government of National Accord, as stated in paragraph 3 of resolution 2259 (2015), and noting in this regard the specific requests made to the Government of National Accord in this resolution,

Reiterating its request that all Member States fully support the efforts of the Special Representative of the Secretary-General and work with the Libyan authorities and United Nations Support Mission in Libya (UNSMIL) to develop a coordinated package of support to build the capacity of the Government of National Accord, in line with Libyan priorities and in response to requests for assistance,

Determining that the situation in Libya continues to constitute a threat to international peace and security,

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

Prevention of Illicit Oil Exports

  • 1. Decides to extend until 31 July 2017 the authorizations provided by and the measures imposed by resolution 2146 (2014);

  • 2. Condemns attempts to illicitly export crude oil from Libya, including by parallel institutions which are not acting under the authority of the Government of National Accord;

  • 3. Requests that the Government of National Accord appoint and notify the Committee established pursuant to resolution 1970 (2011) of a focal point responsible for communication with the Committee with respect to the measures in resolution 2146 (2014), and to inform the Committee of any vessels transporting crude oil illicitly exported from Libya, and urges the Government of National Accord to provide regular updates to inform the Committee on ports, oil fields, and installations that are under its control, and to inform the Committee about the mechanism used to certify legal exports of crude oil;

  • 4. Calls on the Government of National Accord, on the basis of any information regarding such exports or attempted exports, to expeditiously contact the concerned vessel’s flag State, in the first instance, to resolve the issue and directs the Committee to immediately inform all relevant Member States about notifications to the Committee from the Government of National Accord’s focal point regarding vessels transporting oil illicitly exported from Libya;

Effective Oversight of the Financial Institutions

  • 5. Requests that the Government of National Accord confirm to the Committee as soon as it exercises sole and effective oversight over the National Oil Corporation, the Central Bank of Libya, and the Libyan Investment Authority;

Arms Embargo

  • 6. Requests the Government of National Accord to appoint a focal point to brief the Committee at its request and provide information relevant to the Committee’s work on the structure of the security forces under its control, the infrastructure in place to ensure the safe storage, registration, maintenance and distribution of military equipment by the Government security forces, and training needs, and emphasizes the importance of the Government of National Accord exercising control over and safely storing arms, with the support of the international community;

  • 7. Affirms that the Government of National Accord may submit requests under paragraph 8 of resolution 2174 (2014) for the supply, sale or transfer of arms and related materiel, including related ammunition and spare parts, for the use by security forces under its control to combat ISIL (the Islamic State in Iraq and the Levant, also known as Da’esh), groups that have pledged allegiance to ISIL, Ansar Al Sharia, and other, groups associated with Al-Qaida operating in Libya, calls upon the Committee established pursuant to paragraph 24 of resolution 1970 (2011) to consider expeditiously such requests, and affirms the Security Council’s readiness to consider reviewing the arms embargo, when appropriate;

  • 8. Urges Member States to assist the Government of National Accord, upon its request, by providing it with the necessary security and capacity-building assistance, in response to threats to Libyan security and in defeating ISIL, groups that have pledged allegiance to ISIL, Ansar Al Sharia, and other groups associated with Al-Qaida operating in Libya;

  • 9. Urges the Government of National Accord to improve further the monitoring and control of arms or related materiel that are supplied, sold or transferred to Libya in accordance with paragraph 9 (c) of resolution 1970 (2011) or paragraph 8 of resolution 2174 (2014), including through the use of end user certificates issued by the Government of National Accord, requests the Panel of Experts established by paragraph 24 of resolution 1973 (2011) to consult with the Government of National Accord about the safeguards needed to safely procure and secure arms and related materiel, and urges Member States and regional organizations to provide assistance to the Government of National Accord upon its request to strengthen the infrastructure and mechanisms currently in place to do so;

  • 10. Calls upon the Government of National Accord to improve the implementation of the arms embargo, including at all entry points, as soon as it exercises oversight, and calls upon all Member States to cooperate in such efforts;

Asset Freeze

  • 11. Reaffirms its intention to ensure that assets frozen pursuant to paragraph 17 of resolution 1970 (2011) shall at a later stage be made available to and for the benefit of the Libyan people and taking note of the letter circulated as document S/2016/275, affirms the Security Council’s readiness to consider changes, when appropriate, to the asset freeze at the request of the Government of National Accord;

Panel of Experts

  • 12. Decides to extend until 31 July 2017 the mandate of the Panel of Experts (the Panel), established by paragraph 24 of resolution 1973 (2011) and modified by resolutions 2040 (2012), 2146 (2014) and 2174 (2014), and decides that the Panel’s mandated tasks shall remain as defined in resolution 2213 (2015);

  • 13. Decides that the Panel shall provide to the Council an interim report on its work no later than 180 days after the Panel’s appointment, and a final report to the Council, after discussion with the Committee, no later than 15 June 2017 with its findings and recommendations;

  • 14. Urges all States, relevant United Nations bodies, including UNSMIL, and other interested parties, to cooperate fully with the Committee and the Panel, in particular by supplying any information at their disposal on the implementation of the Measures decided in resolutions 1970 (2011), 1973 (2011), 2146 (2014) and 2174 (2014), and modified in resolutions 2009 (2011) and 2040 (2012), 2095 (2013), 2144 (2014) and 2213 (2015) and in this resolution, in particular incidents of non-compliance, and calls on UNSMIL and the Government of National Accord to support Panel investigatory work inside Libya, including by sharing information, facilitating transit and granting access to weapons storage facilities, as appropriate;

  • 15. Calls upon all parties and all States to ensure the safety of the Panel’s members, and further calls upon all parties and all States, including Libya and countries of the region, to provide unhindered and immediate access, in particular to persons, documents and sites the Panel deems relevant to the execution of its mandate;

  • 16. Affirms its readiness to review the appropriateness of the Measures contained in this resolution, including the strengthening, modification, suspension or lifting of the Measures, and its readiness to review the mandate of UNSMIL and the Panel, as may be needed at any time in light of developments in Libya;

  • 17. Decides to remain actively seized of the matter.

Op 7 april 2016 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7667e zitting Resolutie 2280 (2016) inzake Zuid-Sudan aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2280 (2016)
Adopted by the Security Council at its 7667th meeting, on 7 April 2016

The Security Council,

Recalling its previous resolutions and statements on South Sudan, in particular resolutions 2057 (2012), 2109 (2013), 2132 (2013), 2155 (2014), 2187 (2014), 2206 (2015), 2241 (2015), 2252 (2015), and 2271 (2016),

Determining that the situation in South Sudan continues to constitute a threat to international peace and security in the region,

Acting under Article 41 of Chapter VII of the Charter of the United Nations,

  • 1. Decides to renew until 1 June 2016 the measures imposed by paragraphs 9 and 12 of resolution 2206 (2015), and reaffirms the provisions of paragraphs 10, 11, 13, 14 and 15 of resolution 2206 (2015);

  • 2. Decides to extend until 1 July 2016 the mandate of the Panel of Experts as set out in paragraph 18 of resolution 2206 (2015), expresses its intention to review the mandate and take appropriate action regarding the further extension no later than 1 June 2016;

  • 3. Decides to remain seized of the matter.

Op 28 april 2016 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7681e zitting Resolutie 2283 (2016) inzake Ivoorkust aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2283 (2016)
Adopted by the Security Council at its 7681st meeting, on 28 April 2016

The Security Council,

Recalling all its previous resolutions and the statements of its President relating to the situation in Côte d’Ivoire, in particular resolutions 1572 (2004), 1975 (2011) and 2219 (2015),

Commending the work of the Committee established pursuant to resolution 1572 (2004) concerning Côte d’Ivoire, and expressing appreciation for the work of the Group of Experts originally established pursuant to resolution 1584 (2005),

Having considered the report of 17 March 2016 (S/2016/254) of the Group of Experts established pursuant to paragraph 7 of resolution 1584 (2005) as well as the report of 8 December 2015 of the Secretary-General (S/2015/940) and the special report of 31 March 2016 of the Secretary-General (S/2016/297),

Having considered the report of the Security Council Committee established pursuant to resolution 1572 (2004) concerning Côte d’Ivoire of 31 December 2015 (S/2015/952) and the oral report of the Chairman of the Committee of 17 December 2015, as well as the briefing of the Chairman of the Committee of 12 April 2016,

Taking note of the views expressed by the Government of Côte d’Ivoire during the Security Council meeting of 12 April 2016, in favour of the lifting of all sanctions measures against Côte d’Ivoire,

Recalling its decision to review the measures set forth in paragraph 1 of resolution 2219 (2015) and paragraphs 9 to 12 of resolution 1572 (2004) and paragraph 12 of resolution 1975 (2011),

Welcoming the progress achieved in the stabilization of Côte d’Ivoire, including in relation to disarmament, demobilisation and reintegration (DDR) and security sector reform (SSR), national reconciliation and the fight against impunity, as well as the successful conduct of the presidential election of 25 October 2015 and progress on the management of arms and related materiel as well as combating the illicit trafficking of natural resources, while stressing the need that such improvements continue, in order to further contribute to the peace and stability of Côte d’Ivoire,

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

  • 1. Decides to terminate, with immediate effect, the measures concerning arms and related materiel in paragraph 1 of resolution 2219 (2015), first imposed in paragraph 7 of resolution 1572 (2004), as well as the travel and financial measures imposed in paragraphs 9 to 12 of resolution 1572 (2004) and paragraph 12 of resolution 1975 (2011), as subsequently renewed, including in paragraph 12 of resolution 2219 (2015);

  • 2. Decides further to dissolve with immediate effect the Committee established by paragraph 14 of resolution 1572 (2004) and the Group of Experts established pursuant to paragraph 7 of resolution 1584 (2005), and subsequently extended, including in paragraph 25 of resolution 2219 (2015).

Op 25 mei 2016 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7695e zitting Resolutie 2288 (2016) inzake Liberia aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2288 (2016)
Adopted by the Security Council at its 7695th meeting, on 25 May 2016

The Security Council,

Recalling its previous resolutions and statements by its President on the situation in Liberia,

Welcoming the sustained progress made by the Government of Liberia in rebuilding Liberia for the benefit of all Liberians,

Commending the work of the Committee established pursuant to resolution 1521 (2003) (“the Committee”) and expressing its gratitude to the Panel of Experts established pursuant to paragraph 22 of resolution 1521 (2003),

Having considered the report of the United Nations Panel of Experts on Liberia (S/2016/348) as well as the briefing to the Security Council by the Chair of the Committee on 13 May 2016,

Having also considered the Secretary-General’s letter, dated 31 July 2015 (S/2015/590), updating the Security Council on progress made by the Government of Liberia to implement the recommendations on the proper management of arms and ammunition, including enacting the necessary laws, and on facilitating the effective monitoring and management of the border regions between Liberia and Côte d’Ivoire, while stressing the need that such progress continue in order to further contribute to the peace and stability of Liberia,

Recalling that responsibility for controlling the circulation of small arms within the territory of Liberia and between Liberia and neighbouring States rests with the relevant governmental authorities in accordance with their obligations under the Economic Community of West African States Convention on Small Arms and Light Weapons of 2006,

Encouraging the Government of Liberia to expedite the adoption and implementation of remaining appropriate arms and ammunition management legislation and to continue to take other necessary and appropriate steps to establish the necessary legal and administrative framework to combat the illicit trafficking of arms and ammunition,

Noting the positive role that the Security Council’s imposition of targeted measures has played in responding to the conflict in Liberia and supporting Liberia’s stabilization,

Affirming that the Government of Liberia bears primary responsibility for protecting all populations within its territory, stressing that lasting stability in Liberia will require the Government of Liberia to sustain effective and accountable government institutions, particularly in the rule of law and security sectors, including capable, professional, and efficient military, police and border security forces, and, in this regard, welcoming the relevant assistance of bilateral partners and multilateral organizations,

Underlining that the transparent and effective management of natural resources is critical for Liberia’s sustainable peace and security,

Recalling the Council’s readiness to terminate the measures imposed by paragraphs 2 (a) and (b) of resolution 1521 (2003) upon its determination that the ceasefire in Liberia is being fully respected and maintained, disarmament, demobilization, reintegration, repatriation and restructuring of the security sector have been completed, the provisions of the Comprehensive Peace Agreement are being fully implemented, and significant progress has been made in establishing and maintaining stability in Liberia and the subregion, and determining that those conditions have been met,

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

  • 1. Decides to terminate, with immediate effect, the measures on arms, previously imposed by paragraph 2 of resolution 1521 (2003) and modified by paragraphs 1 and 2 of resolution 1683 (2006), by paragraph 1 (b) of resolution 1731 (2006), by paragraphs 3, 4, 5 and 6 of resolution 1903 (2009), by paragraph 3 of resolution 1961 (2010), and by paragraph 2 (b) of resolution 2128 (2013);

  • 2. Decides further to dissolve, with immediate effect, the Committee established by paragraph 21 of resolution 1521 (2003) and the Panel of Experts established pursuant to paragraph 22 of resolution 1521 (2003), and subsequently modified and extended, including in paragraphs 3 and 4 of resolution 2237 (2015).

Op 31 mei 2016 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7702e zitting Resolutie 2290 (2016) inzake Zuid-Sudan aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2290 (2016)
Adopted by the Security Council at its 7702nd meeting, on 31 May 2016

The Security Council,

Recalling its previous resolutions and statements on South Sudan, in particular resolutions 2057 (2012), 2109 (2013), 2132 (2013), 2155 (2014), 2187 (2014), 2206 (2015), 2241 (2015), 2252 (2015), 2271 (2016) and 2280 (2016),

Expressing grave alarm and concern regarding the conflict between the Government of the Republic of South Sudan and opposition forces which emanated from internal political disputes among the country’s political and military leaders that has resulted in great human suffering, including significant loss of life, displacement of more than two million people, and the loss of property, further impoverishing and disadvantaging the people of South Sudan,

Welcoming the signing of the “Agreement on the Resolution of the Conflict in the Republic of South Sudan” (“the Agreement”) as contained in S/2016/654 and further welcoming the formation of the Transitional Government of National Unity (TGNU) on 29 April 2016 as a vital step towards the full implementation of the Agreement and also welcoming the remarks of both President Salva Kiir and First Vice President Riek Machar on the need to ensure reconciliation and a spirit of cooperation,

Urging the TGNU to fully and unconditionally implement all parts of the Agreement, uphold the permanent ceasefire and address the economic crisis and dire humanitarian situation,

Welcoming the establishment of the Joint Military Ceasefire Commission and its work towards implementing ceasefire and transitional security arrangements, and the commencement of the Strategic Defence and Security Review, and noting the positive meeting and dialogue of military and police representatives in Juba at the conference held on 12-14 May 2016,

Welcoming the support of the Joint Monitoring and Evaluation Commission (JMEC) and the African Union through its High Representative for South Sudan, former President Alpha Oumar Konaré, for the formation of the TGNU and calling upon the TGNU to extend its full cooperation and support to the JMEC Chair, former President Festus Mogae, for implementation of the Agreement,

Strongly condemning past and ongoing human rights violations and abuses and violations of international humanitarian law, including those involving targeted killings of civilians, ethnically-targeted violence, extrajudicial killings, rape, and other forms of sexual and gender-based violence, recruitment and use of children in armed conflict, abductions, enforced disappearances, arbitrary arrests and detention, violence aimed at spreading terror among the civilian population, and attacks on schools, places of worship and hospitals, as well as United Nations and associated peacekeeping personnel and objects, by all parties, including armed groups and national security forces, as well as the incitement to commit such abuses and violations, further condemning harassment and targeting of civil society, humanitarian personnel and journalists, and emphasizing that those responsible for violations of international humanitarian law and violations and abuses of human rights must be held accountable, and that South Sudan’s TGNU bears the primary responsibility to protect its population from genocide, war crimes, ethnic cleansing, and crimes against humanity,

Expressing deep concern over the large-scale displacement of persons and deepening humanitarian crisis, noting the finding in the final report of the South Sudan Panel of Experts (S/2016/70), established pursuant to paragraph 18 of resolution 2206 (2015), that obstruction of humanitarian access is widespread and that parts of numerous states of South Sudan are entirely blocked from humanitarian relief, stressing the responsibility borne by all parties to the conflict for the suffering of the people of South Sudan, and in this regard, recognizes that in accordance with the Agreement, the TGNU shall review the Non-Governmental Organizations Bill, and submit the legislation to a process of public consultation to ensure that such legislation is consistent with international best practice and with its commitment to create an enabling political, administrative, operational and legal environment for the delivery of humanitarian assistance and protection,

Commending United Nations humanitarian agencies and partners for their efforts to provide urgent and coordinated support to the population, calling upon all parties to the conflict to allow and facilitate, in accordance with relevant provisions of international law and United Nations guiding principles of humanitarian assistance, the full, safe, and unhindered access of relief personnel, equipment and supplies to all those in need and the timely delivery of humanitarian assistance, in particular to internally displaced persons and refugees, condemning all attacks against humanitarian personnel and facilities and recalling that attacks against humanitarian personnel and depriving civilians of objects indispensable to their survival may amount to violations of international humanitarian law,

Taking note of the December 2015 UN Panel of Experts’ Report (S/2016/70), which, inter alia, notes violations of the Agreement’s permanent ceasefire by the parties, including after the signing of the Agreement, the ever-worsening humanitarian catastrophe, widespread human rights violations and abuses, and government violations of the United Nations Mission in South Sudan (UNMISS) status-of-forces agreement, and noting the finding in the Panel of Experts Final Report that, while it is not a violation of the sanctions measures established pursuant to resolution 2206 (2015), both sides have continued to acquire arms and military equipment after the signing of the Agreement and noting that such acquisitions undermine the implementation of the Agreement by facilitating violations of the permanent ceasefire,

Welcoming the resolve indicated in the IGAD Council of Ministers Communiqué of 31 January 2016, urging the TGNU to abide by and take no action inconsistent with the Intergovernmental Authority on Development (IGAD) 30-31 January 2016 communiqué, which was subsequently endorsed by the parties and JMEC, on the issue of the Presidential Decree on the creation of 28 new states and calling on the United Nations Security Council to support consequences in the event the South Sudanese parties fail or refuse to implement the Peace Agreement, and further welcoming its demand that the parties to the conflict take immediate action to ensure unconditional humanitarian access across the country,

Welcoming also the 29 January 2016 AU PSC communiqué which, inter alia, called on all South Sudanese parties to abide scrupulously by the terms of the Agreement and implement faithfully its provisions, called on all African Union (AU) Member States and partners to fully support the implementation of the Agreement, and urged the international community to lend support towards the implementation of the Agreement in a coordinated manner,

Welcoming the 26 September 2015 AU PSC communiqué, which, inter alia, expressed the AU’s commitment, both through the High Representative for South Sudan and the AU High Level ad hoc Committee on South Sudan, to fully play its role in the implementation process, together with IGAD, the United Nations and other concerned international stakeholders,

Also welcoming the 22 May 2015 AU PSC press statement, which, inter alia, underlined the particular relevance of resolution 2206 (2015), in order to support the search for an inclusive and sustainable peace in South Sudan,

Recalling the AU PSC Communiqués dated 12 June 2014, 5 December 2014 and 29 January 2015 which, inter alia, stressed that sanctions will be imposed against all parties that continue to obstruct the political process and undermine the Cessation of Hostilities Agreement of 23 January 2014, and further recalling the AU PSC Communiqué dated 26 September 2015 expressing determination to impose measures against all those who would impede the implementation of the Agreement and the AU PSC Communiqué dated 29 January 2016 which recalls previous AU PSC Communiqués and press statements on South Sudan,

Further recalling the communiqué of the 28th Extraordinary Session of the IGAD Assembly of Heads of State and Government, which inter alia, invited collective action as appropriate by the States of IGAD to enact asset freezes and travel bans, and deny the supply of arms and ammunition and any other material that could be used in war and called on the AU PSC and United Nations Security Council, and the international community to render all possible assistance in the implementation of such action,

Welcoming the China-mediated “Five-Point Plan” that was agreed upon during the Special Consultation in Support of IGAD-led South Sudan Peace Process convened on 12 January 2015 in Khartoum, and strongly urging the TGNU to immediately implement the Five-Point Plan,

Expressing its deep appreciation for the actions taken by UNMISS peacekeepers and troop- and police-contributing countries to protect civilians, including foreign nationals, under threat of physical violence and to stabilize the security situation,

Recognizing the importance of independent and public human rights monitoring, investigation and reporting for its useful role in laying the groundwork for justice, accountability, reconciliation and healing among all South Sudanese communities,

Taking note with interest of the reports on the human rights situation in South Sudan issued by UNMISS, the Secretary-General, and the Office of the High Commissioner for Human Rights (OHCHR),

Expressing grave concern that, according to the 11 March 2016 “Report of Office of the High Commissioner for Human Rights Assessment Mission to Improve Human Rights, Accountability, Reconciliations and Capacity in South Sudan” and the UNMISS/OHCHR 4 December 2015 report “The State of Human Rights in the Protracted Conflict in South Sudan”, the scale, intensity and severity of human rights violations and abuses have increased with the continuation of hostilities, that there continue to be reasonable grounds to believe that violations and abuses of human rights, including those involving extrajudicial killings, rape and other acts of sexual and gender-based violence, enforced disappearances, and arbitrary detention, as well as violations of international humanitarian law have been committed, which may amount to war crimes and/or crimes against humanity, and stressing the urgent and imperative need to end impunity in South Sudan and to bring to justice perpetrators of such crimes,

Welcoming the release of the AU Commission of Inquiry (AU COI) report on South Sudan and the Separate Opinion, and recognizing the AU COI’s work in investigating and documenting violations and abuses of international human rights law and violations of international humanitarian law in South Sudan and expressing grave concern at the AU COI’s finding that it has reasonable grounds to believe that war crimes such as murder, outrages upon personal dignity such as rape and other acts of sexual violence, and cruel and degrading treatment, targeting of civilian objects and protected property have occurred and that violations were carried out by both sides to the conflict,

Emphasizing its hope that this and other reporting will be considered, as appropriate, by the mechanisms on transitional justice, accountability, reconciliation and healing as called for in Chapter V of the Agreement, including the hybrid court and the Commission for Truth, Healing, and Reconciliation, stressing the importance of accountability, reconciliation, and healing among all South Sudanese communities as prominent elements of a transitional agenda, while also taking note of the important role international investigations, and where appropriate, prosecutions can play with respect to holding those responsible for war crimes and crimes against humanity,

Strongly condemning the use of media to broadcast hate speech and transmit messages instigating sexual violence against a particular ethnic group, which has the potential to play a significant role in promoting mass violence and exacerbating conflict, and calling on the TGNU to take appropriate measures to address such activity, and further urging all parties to desist from these actions and instead contribute to promoting peace and reconciliation among the communities,

Recognizing the important role played by civil society organizations, faith leaders, women, and youth in South Sudan, underscoring the importance of their participation – along with the former SPLM detainees and other political parties – to finding a sustainable solution to the crisis in the country, and concerned by efforts of some TGNU officials to limit such participation including by increased restrictions of freedom of expression,

Reaffirming all its relevant resolutions on women, peace, and security, on children and armed conflict, and the protection of civilians in armed conflict, as well as resolutions 1502 (2003) on the protection of humanitarian and United Nations personnel, resolution 2150 (2014) on the Prevention and Fight against Genocide, resolution 2151 (2014) on security sector reform, and resolution 2286 (2016) on protection of humanitarian and health-care personnel and facilities,

Recalling resolutions 1209 (1998) and 2117 (2013), and 2220 (2015) and expressing grave concern at the threat to peace and security in South Sudan arising from the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons and emphasizing the importance of strengthening efforts to combat the illicit circulation of such weapons,

Recalling the Informal Working Group on General Issues of Sanctions report (S/2006/997) on best practices and methods, including paragraphs 21, 22, 23, 24 and 25 that discuss possible steps for clarifying methodological standards for monitoring mechanisms,

Noting the Agreement’s call for South Sudan’s political leaders to establish effective leadership and to commit themselves to the fight against corruption,

Reiterating its concern at persistent restrictions placed upon the movement and operations of UNMISS, strongly condemning the attacks by government and opposition forces and other groups on United Nations and IGAD personnel and facilities, and the detentions and kidnappings of United Nations and associated personnel and calling upon the Government of South Sudan to complete its investigations of these attacks in a swift and thorough manner and to hold those responsible to account,

Determining that the situation in South Sudan continues to constitute a threat to international peace and security in the region,

Acting under Article 41 of Chapter VII of the Charter of the United Nations,

  • 1. Endorses the “Agreement on the Resolution of the Conflict in the Republic of South Sudan” (the “Agreement”);

  • 2. Welcomes the formation of the TGNU on 29 April 2016 as a vital step in towards the full implementation of the Agreement;

  • 3. Expresses deep concern at the failures of South Sudan’s leaders to fully implement their commitments pursuant to the Agreement, and to bring an end to the hostilities and, further, condemns the continued and flagrant violations of the ceasefire provisions of the Agreement, including violations as documented by the Ceasefire and Transitional Security Arrangements Mechanism;

  • 4. Demands that South Sudan’s leaders fully and immediately adhere to the permanent ceasefire in accordance with their obligations under the Agreement, and allow in accordance with relevant provisions of international law and the UN guiding principles of humanitarian assistance, full, safe and unhindered humanitarian access to help ensure timely delivery of humanitarian assistance to all those in need;

  • 5. Reiterates that there is no military solution to the conflict;

Targeted Sanctions

  • 6. Underscores its willingness to impose targeted sanctions in order to support the search for an inclusive and sustainable peace in South Sudan, including through the timely and full implementation of the Agreement;

  • 7. Decides to renew until 31 May 2017 the travel and financial measures imposed by paragraphs 9 and 12 of resolution 2206 (2015), and reaffirms the provisions of paragraphs 10, 11, 13, 14 and 15 of resolution 2206 (2015);

  • 8. Reaffirms that the provisions of paragraph 9 of resolution 2206 (2015) apply to individuals, and that the provisions of paragraph 12 of resolution 2206 (2015) apply to individuals and entities, as designated for such measures by the Committee established pursuant to paragraph 16 of resolution 2206 (2015) (“the Committee”), as responsible for or complicit in, or having engaged in, directly or indirectly, actions or policies that threaten the peace, security or stability of South Sudan;

  • 9. Underscores that such actions or policies as described in paragraph 8 above may include, but are not limited to:

    • a) Actions or policies that have the purpose or effect of expanding or extending the conflict in South Sudan or obstructing reconciliation or peace talks or processes, including breaches of the Agreement;

    • b) Actions or policies that threaten transitional agreements or undermine the political process in South Sudan;

    • c) Planning, directing, or committing acts that violate applicable international human rights law or international humanitarian law, or acts that constitute human rights abuses, in South Sudan;

    • d) The targeting of civilians, including women and children, through the commission of acts of violence (including killing, maiming, torture, or rape or other sexual and gender-based violence), abduction, enforced disappearance, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge, or through conduct that would constitute a serious abuse or violation of human rights or a violation of international humanitarian law;

    • e) The use or recruitment of children by armed groups or armed forces in the context of the armed conflict in South Sudan;

    • f) The obstruction of the activities of international peacekeeping, diplomatic, or humanitarian missions in South Sudan, including the Ceasefire and Transitional Security Arrangements Monitoring Mechanism or of the delivery or distribution of, or access to, humanitarian assistance;

    • g) Attacks against United Nations missions, international security presences, or other peacekeeping operations, or humanitarian personnel; or

    • h) Acting for or on behalf of, directly or indirectly, an individual or entity designated by the Committee;

  • 10. Reaffirms that the provisions of paragraphs 9 and 12 of resolution 2206 (2015) apply to individuals, as designated for such measures by the Committee, who are leaders of any entity, including any South Sudanese government, opposition, militia, or other group, that has, or whose members have, engaged in any of the activities described in paragraphs 8 and 9 above;

Sanctions Committee/Panel of Experts

  • 11. Emphasizes the importance of holding regular consultations with concerned Member States, international and regional and subregional organizations, as well as UNMISS, as may be necessary, in particular neighbouring and regional States, in order to ensure the full implementation of the measures in this resolution, and in that regard encourages the Committee to consider, where and when appropriate, visits to selected countries by the Chair and/or Committee members;

  • 12. Decides to extend until 1 July 2017 the mandate of the Panel of Experts as set out in paragraph 18 of resolution 2206 (2015) and this paragraph, expresses its intention to review the mandate and take appropriate action regarding the further extension no later than 31 May 2017, and decides that the Panel should carry out the following tasks:

    • a) Assist the Committee in carrying out its mandate as specified in this resolution, including through providing the Committee with information relevant to the potential designation of individuals and entities who may be engaging in the activities described in paragraphs 8 and 9 above;

    • b) Gather, examine and analyse information regarding the implementation of the measures decided in this resolution, in particular incidents of non-compliance, with particular focus on the benchmarks outlined in paragraphs 15 and 16 below;

    • c) Gather, examine and analyse information regarding the supply, sale or transfer of arms and related materiel and related military or other assistance, including through illicit trafficking networks, to individuals and entities undermining implementation of the Agreement or participating in acts that violate international human rights law or international humanitarian law, as applicable;

    • d) Provide to the Council, after discussion with the Committee, an interim report by 1 December 2016, a final report by 1 May 2017, and except in the months when these reports are due, updates each month;

    • e) Also to provide to the Council a report within 120 days providing analysis of the current security threats facing the TGNU, and its needs to maintain law and order in South Sudan, as well as further analysis on the role of transfers of arms and related materiel coming into South Sudan since the formation of the TGNU with respect to implementation of the Agreement and threats to UNMISS and other UN and international humanitarian personnel;

    • f) Assist the Committee in refining and updating information on the list of individuals and entities subject to the measures imposed by this resolution, including through the provision of identifying information and additional information for the publicly available narrative summary of reasons for listing;

  • 13. Calls upon all parties and all Member States, as well as international, regional and subregional organizations to ensure cooperation with the Panel of Experts and further urges all Member States involved to ensure the safety of the members of the Panel of Experts and unhindered access, in particular to persons, documents and sites in order for the Panel of Experts to execute its mandate;

  • 14. Requests the Special Representative of the Secretary-General for Children and Armed Conflict and the Special Representative for Sexual Violence in Conflict to share relevant information with the Committee in accordance with paragraph 7 of resolution 1960 (2010) and paragraph 9 of resolution 1998 (2011);

Review

  • 15. Expresses its intent to monitor and review the situation at 90-day intervals from the adoption of this resolution or more frequently, as needed, and invites the JMEC to share relevant information with the Council, as appropriate, on its assessment of the parties’ implementation of the Agreement, adherence to the permanent ceasefire, and facilitation of humanitarian access, also expresses its intent to impose any sanctions that may be appropriate to respond to the situation, which may include an arms embargo and the designation of senior individuals responsible for actions or policies that threaten the peace, security or stability of South Sudan, including by impeding the implementation of the Agreement, or by failing to take effective and comprehensive steps to cause forces under direct or indirect control to cease military operations, acts of violence, as well as human rights violations or abuses or violations of international humanitarian law, and to enable full access for humanitarian assistance;

  • 16. Affirms also that it shall be prepared to adjust the measures contained in this resolution, including by strengthening through additional measures, as well as modification, suspension or lifting of the measures, as may be needed at any time in light of the progress achieved in the peace, accountability, and reconciliation process, and in light of the implementation of the Agreement and the parties’ commitments, including the ceasefire, and compliance with this and other applicable resolutions;

  • 17. Decides to remain seized of the matter.

Op 14 juni 2016 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7715e zitting Resolutie 2292 (2016) inzake Libië aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2292 (2016)
Adopted by the Security Council at its 7715th meeting, on 14 June 2016

The Security Council,

Recalling the arms embargo on Libya which was imposed, modified and reaffirmed by resolutions 1970 (2011), 1973 (2011), 2009 (2011), 2040 (2012), 2095 (2013), 2144 (2014), 2174 (2014), 2213 (2015), 2214 (2015), and 2278 (2016),

Recalling resolution 2259 (2015) which welcomed the signing of the 17 December 2015 Libyan Political Agreement of Skhirat, Morocco and endorsed the Rome Communiqué of 13 December 2015 to support the Government of National Accord (“GNA”) as the sole legitimate government of Libya, that should be based in Tripoli, reiterating its support for the full implementation of the Libyan Political Agreement, and further expressing its determination in this regard to support the GNA,

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Libya,

Reiterating its grave concern at the growing threat of terrorist groups in Libya proclaiming allegiance to Islamic State in Iraq and the Levant (ISIL) (also known as Da’esh), the growing trend of groups associating themselves with it, as well as the continued presence of other Al-Qaida-linked terrorist groups and individuals operating there, and recalling, in this regard, the obligations under resolution 2253 (2015),

Recalling its resolution 2178 (2014), in particular paragraph 5 of that resolution, and expressing concern that the flow of foreign terrorist fighters to Libya can increase the intensity, duration and complexity of the conflict and pose a serious threat to their States of origin, transit, and travel,

Expressing deep concern at the threat posed by unsecured arms and ammunition in Libya and their proliferation, which undermines stability in Libya and the region, including through their transfer to armed groups in violation of the arms embargo, and underlining the importance of coordinated international support to Libya and the region to address these issues,

Expressing concern that the situation in Libya is exacerbated by the smuggling of illegal arms and related materiel in violation of the arms embargo, underlining its concern at the allegations of violations of the arms embargo by sea, land, or air, and expressing further concern that such arms and related materiel are being used by terrorist groups operating in Libya, including by ISIL,

Welcoming the Vienna Communiqué of 16 May 2016 which recognizes the necessity of enhanced coordination efforts between the legitimate Libyan military and security forces, urges them to work quickly to implement a unified command in accordance with the Libyan Political Agreement to coordinate in the fight against Da’esh and UN-designated terrorist groups in Libyan territory, and underlines that the GNA has voiced its intention to submit appropriate arms embargo exemption requests to the Committee established pursuant to resolution 1970 (2011) (“the Committee”) to procure necessary lethal arms and materiel to counter UN-designated terrorist groups and to combat Da’esh throughout Libya,

Recalling that international law, as reflected in the United Nations Convention on the Law of the Sea of 10 December 1982, sets out the legal framework applicable to activities in the ocean,

Reiterating its request in resolution 2278 (2016) to the GNA to appoint a focal point to brief the Committee at its request and provide information relevant to the Committee’s work on the structure of the security forces under its control, consolidated procurement procedures, the infrastructure in place to ensure the safe storage, registration, maintenance and distribution of military equipment by the Government security forces, and training needs, and emphasizes the importance of the GNA exercising control over and safely storing arms, with the support of the international community,

Affirming that the GNA may submit exemption requests under paragraph 8 of resolution 2174 (2014) for the supply, sale or transfer of arms and related materiel, including related ammunition and spare parts, for use by the national security forces under its control to, inter alia, combat ISIL (the Islamic State in Iraq and the Levant, also known as Da’esh), groups that have pledged allegiance to ISIL, Ansar Al Sharia, and other groups associated with Al-Qaida operating in Libya, and calls upon the Committee established pursuant to paragraph 24 of resolution 1970 (2011) to consider expeditiously such requests in accordance with its rules and procedures,

Affirming that, pursuant to paragraph 10 of resolution 2095 (2013), the supplies of non-lethal military equipment and the provision of any technical assistance, training or financial assistance, when intended solely for security or disarmament assistance to the GNA and the national security forces under its control, shall be exempt from prior notification to and approval by the Committee,

Taking note of the final report of the Panel of Experts S/2016/209 established by paragraph 24 of resolution 1973 (2011) and modified by resolution 2040 (2012) submitted pursuant to paragraph 24 (d) of resolution 2213 (2015), and the findings and recommendations contained therein, in particular the Panel’s report of regular violations of the arms embargo despite reinforcement of the measures,

Taking note of the decision of the Council of the European Union on 23 May 2016 to extend the mandate of EUNAVFOR MED Operation Sophia by one year and to add further supporting tasks to its mandate, including the implementation of the UN arms embargo on the high seas off the coast of Libya,

Mindful of its primary responsibility for the maintenance of international peace and security under the Charter of the United Nations,

Reaffirming its determination that terrorism, in all forms and manifestations, constitutes one of the most serious threats to peace and security,

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

  • 1. Condemns the flows of arms and related materiel transferred to or from Libya in violation of the arms embargo, including to ISIL and other terrorist groups in Libya;

  • 2. Urges Member States to combat by all means, in accordance with their obligations under the Charter of the United Nations and other obligations under international law, including international human rights law, international refugee law and international humanitarian law, threats to international peace and security caused by terrorist acts;

  • 3. Decides, with a view to addressing the threat posed by unsecured arms and ammunitions in Libya and their proliferation, to authorize, in these exceptional and specific circumstances for a period of 12 months from the date of this resolution Member States, acting nationally or through regional organizations, with appropriate consultations with the GNA, in order to ensure strict implementation of the arms embargo on Libya, to inspect, without undue delay, on the high seas off the coast of Libya, vessels bound to or from Libya which they have reasonable grounds to believe are carrying arms or related materiel to or from Libya, directly or indirectly, in violation of paragraphs 9 or 10 of resolution 1970 (2011), as modified by paragraph 13 of 2009 (2011), paragraphs 9 and 10 of 2095 (2013) and paragraph 8 of 2174 (2014), provided that those Member States make good-faith efforts to first obtain the consent of the vessel’s flag State prior to any inspections pursuant to this paragraph, and calls upon all flag States of above-mentioned vessels to cooperate with such inspections;

  • 4. Authorizes Member States, acting nationally or through regional organizations, conducting inspections pursuant to paragraph 3, to use all measures commensurate to the specific circumstances to carry out such inspections, in full compliance with international humanitarian law and international human rights law, as applicable, and urges Member States conducting such inspections to do so without causing undue delay to or undue interference with the exercise of freedom of navigation;

  • 5. Authorizes all Member States, acting nationally or through regional organizations, to, and decides that all such Member States shall, upon discovery of items prohibited by paragraph 9 or 10 of resolution 1970, as modified by paragraph 13 of 2009 (2011), paragraphs 9 and 10 of 2095 (2013), and paragraph 8 of resolution 2174 (2014), seize and dispose (such as through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal) of such items, further reaffirms its decision that all Member States shall cooperate in such efforts, authorizes Member States, acting nationally or through regional organizations, to collect evidence directly related to the carriage of such items in the course of such inspections, and urges Member States, acting nationally or through regional organizations, to avoid causing harm to the marine environment or to the safety of navigation;

  • 6. Affirms that the authorizations provided by paragraph 3, 4 and 5 of this resolution apply only with respect to inspections carried out by warships and ships owned or operated and duly authorized by a State and used only on government non-commercial service, and which are clearly marked and identifiable as such;

  • 7. Underscores that these authorizations do not apply with respect to vessels entitled to sovereign immunity under international law;

  • 8. Affirms that the authorisation provided for in paragraph 4 includes the authority to divert vessels and their crews to a suitable port to facilitate such disposal, with the consent of the port State, affirms further that the authorization in paragraph 4 includes the authority to use, all measures commensurate to the specific circumstances, in full compliance with international humanitarian law and international human rights law, as applicable, to seize items set out in paragraph 3 in the course of inspections;

  • 9. Affirms that the authorizations provided in this resolution apply only with respect to the smuggling of illegal arms and related materiel on the high seas off the coast of Libya and shall not affect the rights or obligations or responsibilities of Member States under international law, including any rights or obligations under UNCLOS, including the general principle of exclusive jurisdiction of a Flag State over its vessels on the high seas, with respect to any other situation, underscores in particular that this resolution shall not be considered as establishing customary international law;

  • 10. Decides that when any Member State, acting nationally or through regional organizations, undertakes an inspection pursuant to paragraph 3 of this resolution, it or the regional organization through which it is acting shall submit promptly an initial written report to the Committee containing, in particular, explanation of the grounds for the inspection, the efforts made to seek the consent of the vessel’s Flag state, the results of such inspection, and whether or not cooperation was provided, and, if prohibited items for transfer are found, further requires such Member State or regional organization submit to the Committee, at a later stage, a subsequent written report containing relevant details on the inspection, seizure, and disposal, and relevant details of the transfer, including a description of the items, their origin and intended destination, if this information is not in the initial report; and requests the Committee to notify the flag State of the inspected vessel that an inspection has been undertaken, notes the prerogative of any Member State to write to the Committee concerning the implementation of any aspect of this resolution, and further encourages the Panel of Experts to share relevant information with Member States operating under the authorization set out in this resolution;

  • 11. Encourages Member States and the GNA to share relevant information with the Committee, and with those Member States and regional organizations acting under the authorisations set out in this resolution;

  • 12. Requests the Secretary-General to provide, with input from CTED, in close collaboration with the Analytical Support and Sanctions Monitoring Team, as well as the Panel of Experts established pursuant to resolution 1973, a report, in 30 days, on the threat posed to Libya and neighbouring countries, including off the coast of Libya, by Foreign Terrorist Fighters recruited by or joining the Islamic State in Iraq and the Levant (ISIL, also known as Da’esh), Al-Qaida, and associated individuals, groups, undertakings and entities;

  • 13. Decides to remain actively seized of the matter.

Op 23 juni 2016 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7724e zitting Resolutie 2293 (2016) inzake de Democratische Republiek Congo aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2293 (2016)
Adopted by the Security Council at its 7724th meeting, on 23 June 2016

The Security Council,

Recalling its previous resolutions and the statements of its President concerning the Democratic Republic of the Congo (DRC),

Reaffirming its strong commitment to the sovereignty, independence, unity and territorial integrity of the DRC as well as all States in the region and emphasizing the need to respect fully the principles of non-interference, good neighbourliness and regional cooperation,

Stressing the primary responsibility of the Government of the DRC for ensuring security in its territory and protecting its populations with respect for the rule of law, human rights and international humanitarian law,

Taking note of the interim report (S/2015/797) and the final report (S/2016/466) of the Group of Experts on the DRC (“the Group of Experts”) established pursuant to resolution 1533 (2004) and extended pursuant to resolutions 1807 (2008), 1857 (2008), 1896 (2009), 1952 (2010), 2021 (2011), 2078 (2012), 2136 (2014) and 2198 (2015), noting the finding that the linkage between armed groups, criminal networks and illegal exploitation of natural resources contributes to the insecurity in eastern DRC, and taking note of their recommendations,

Recalling the strategic importance of the implementation of the Peace, Security and Cooperation (PSC) Framework for the DRC and the region, and reiterating its call to all signatories to fulfil promptly, fully and in good faith their respective commitments under this agreement in order to address the root causes of conflict and put an end to recurring cycles of violence,

Recalling the commitments under the PSC Framework by all States of the region not to interfere in the internal affairs of neighbouring countries, and to neither tolerate nor provide assistance or support of any kind to armed groups, and reiterating its strong condemnation of any and all internal or external support to armed groups active in the region, including through financial, logistical or military support,

Reiterating its deep concern regarding the security and humanitarian crisis in eastern DRC due to ongoing military activities of foreign and domestic armed groups and the smuggling of Congolese natural resources, in particular gold and ivory, stressing the importance of neutralizing all armed groups, including the Democratic Forces for the Liberation of Rwanda (FDLR), the Allied Democratic Forces (ADF), the Lord’s Resistance Army (LRA), and all other armed groups in the DRC, in line with resolution 2277 (2016),

Reiterating that the durable neutralization of the FDLR remains essential in bringing stability to and protecting civilians of the DRC and the Great Lakes region, recalling that the FDLR is a group under United Nations sanctions whose leaders and members include perpetrators of the 1994 genocide against the Tutsi in Rwanda, during which Hutu and others who opposed the genocide were also killed, and have continued to promote and commit ethnically based and other killings in Rwanda and in the DRC, noting the reported military operations undertaken by the Congolese Armed Forces (FARDC) in 2015 and 2016 which have resulted in some destabilization of the FDLR, expressing concern that these operations have been carried out simultaneously with Congolese Mai Mai groups, welcoming the initial resumption of cooperation of the FARDC with the United Nations Organization Stabilization Mission in the DRC (MONUSCO), and calling for the full resumption of cooperation and joint operations, in accordance with MONUSCO’s mandate,

Condemning the brutal killings of more than 500 civilians in the Beni area since October 2014, expressing deep concern regarding the continued threat posed by armed groups, in particular the ADF, and the persistence of violence in this region, further expressing concern at reports of collaboration between elements of the FARDC and armed groups at a local level, in particular recent reports of individual officers of the FARDC playing a role in the insecurity in the region of Beni, calling for investigations in order to ensure that those responsible are held to account, noting the commitment expressed by the Government of the DRC in its letter of 15 June 2016 (S/2016/542),

Reaffirming the importance of completing the permanent demobilization of the former 23 March Movement (M23) combatants, stressing the importance of ensuring that its ex-combatants do not regroup or join other armed groups, and calling for the acceleration of the implementation of the Nairobi Declarations and of the Disarmament, Demobilisation, Repatriation, Reintegration and Resettlement (DDRRR) of M23 ex-combatants, including by overcoming obstacles to repatriation, in coordination with the regional States concerned,

Condemning the illicit flow of weapons within and into the DRC, including their recirculation to and between armed groups, in violation of resolutions 1533 (2004), 1807 (2008), 1857 (2008), 1896 (2009), 1952 (2010), 2021 (2011), 2078 (2012), 2136 (2014) and 2198 (2015), and declaring its determination to continue to monitor closely the implementation of the arms embargo and other measures set out by its resolutions concerning the DRC,

Acknowledging in this respect the important contribution the Council-mandated arms embargo makes to countering the illicit transfer of small arms and light weapons in the DRC, and in supporting post-conflict peacebuilding, disarmament, demobilization and reintegration of ex-combatants and security sector reform,

Underlining that the transparent and effective management of its natural resources and ending illegal smuggling and trafficking of such resources are critical for the DRC’s sustainable peace and security, expressing concern at the illegal exploitation and trafficking of natural resources by armed groups, and the negative impact of armed conflict on protected natural areas, commending the efforts of the DRC park rangers and others who seek to protect such areas, encouraging the Government of the DRC to continue efforts to safeguard these areas, and stressing its full respect for the sovereignty of the Government of the DRC over its natural resources and its responsibility to effectively manage these resources in this regard,

Recalling the linkage between the illegal exploitation of natural resources, including poaching and illegal trafficking of wildlife, illicit trade in such resources, and the proliferation and trafficking of arms as one of the major factors fuelling and exacerbating conflicts in the Great Lakes region, and encouraging the continuation of the regional efforts of the International Conference of the Great Lakes Region (ICGLR) and the governments involved against the illegal exploitation of natural resources, and stressing, in this regard, the importance of regional cooperation and deepening economic integration with special consideration for the exploitation of natural resources,

Noting the Group of Experts’ findings that there have been positive efforts related to the minerals trade and traceability schemes but that gold remains a serious challenge, recalling the ICGLR’s Lusaka Declaration of the Special Session to Fight Illegal Exploitation of Natural Resources in the Great Lakes Region and its call for industry due diligence, commending the ICGLR’s commitment and progress on this issue and underscoring that it is critical for regional governments and trading centres, particularly those involved in gold refining and the gold trade to intensify efforts to increase vigilance against smuggling and reduce practices that could undermine the DRC and ICGLR’s regional efforts,

Noting with concern reports indicating the continued involvement of armed groups, as well as some elements of the FARDC, in the illegal minerals trade, the illegal production and trade of charcoal and wood, and wildlife poaching and trafficking,

Noting with great concern the persistence of serious human rights abuses and international humanitarian law violations against civilians in the eastern part of the DRC, including summary executions, sexual and gender-based violence and large scale recruitment and use of children committed by armed groups,

Stressing the crucial importance of a peaceful and credible electoral cycle, in accordance with the Constitution, for stabilization and consolidation of constitutional democracy in the DRC, expressing deep concern at increased restrictions of the political space in the DRC, in particular recent arrests and detention of members of the political opposition and of civil society, as well as restrictions of fundamental freedoms such as the freedom of expression and opinion, and recalling the need for an open, inclusive and peaceful political dialogue among all stakeholders focused on the holding of elections, while ensuring the protection of fundamental freedoms and human rights, paving the way for peaceful, credible, inclusive, transparent and timely elections in the DRC, particularly presidential and legislative elections by November 2016, in accordance with the Constitution, while respecting the African Charter on Democracy, Elections and Governance,

Remaining deeply concerned by reports of an increase in serious human rights and international humanitarian law violations committed by some members of the FARDC, the National Intelligence Agency, the Republican Guard and Congolese National Police (PNC), urging all parties to refrain from violence and provocation as well as to respect human rights, and emphasizing that the Government of the DRC must comply with the principle of proportionality in the use of force,

Recalling the importance of fighting against impunity within all ranks of its security forces, and stressing the need for the Government of the DRC to continue its efforts in this regard and to ensure the professionalism of its security forces,

Calling for all those responsible for violations of international humanitarian law and violations or abuses of human rights including those involving violence or abuses against children and acts of sexual and gender-based violence, to be swiftly apprehended, brought to justice and held accountable,

Recalling all its relevant resolutions on women and peace and security, on children and armed conflict, and on the protection of civilians in armed conflicts, also recalling the conclusions of the Security Council Working Group on Children and Armed Conflict pertaining to the parties in armed conflict of the DRC (S/AC.51/2014/3) adopted on 18 September 2014,

Welcoming the efforts of the Government of the DRC, including the Presidential Adviser on Sexual Violence and the Recruitment of Children, to cooperate with the Special Representative of the Secretary-General for Children and Armed Conflict, the Special Representative of the Secretary-General on Sexual Violence, and MONUSCO, to implement the action plan to prevent and end the recruitment and use of children and sexual violence by the FARDC, and to combat impunity for conflict-related sexual violence, including sexual violence committed by the FARDC,

Noting the critical importance of effective implementation of the sanctions regime, including the key role that neighbouring States, as well as regional and subregional organizations, can play in this regard and encouraging efforts to further enhance cooperation,

Underlining the fundamental importance of timely and detailed notifications to the Committee concerning arms, ammunition and training as set out in section 11 of the Guidelines of the Committee,

Determining that the situation in the DRC continues to constitute a threat to international peace and security in the region,

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

Sanctions regime

  • 1. Decides to renew until 1 July 2017 the measures on arms imposed by paragraph 1 of resolution 1807 (2008) and reaffirms the provisions of paragraph 5 of that resolution;

  • 2. Reaffirms that according to paragraph 2 of resolution 1807 (2008), these measures no longer apply to the supply, sale or transfer of arms and related materiel, and the provision of any assistance, advice or training related to military activities to the Government of the DRC;

  • 3. Decides that the measures imposed by paragraph 1 shall not apply to:

    • a) Supplies of arms and related materiel, as well as assistance, advice or training, intended solely for the support of or use by MONUSCO or the African Union-Regional Task Force;

    • b) Protective clothing, including flak jackets and military helmets, temporarily exported to the DRC by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;

    • c) Other supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance and training, as notified in advance to the Committee in accordance with paragraph 5 of resolution 1807 (2008);

    • d) Other sales and or supply of arms and related materiel, or provision of assistance or personnel, as approved in advance by the Committee;

  • 4. Decides to renew, for the period specified in paragraph 1 above, the measures on transport imposed by paragraphs 6 and 8 of resolution 1807 (2008) and reaffirms the provisions of paragraph 7 of that resolution;

  • 5. Decides to renew, for the period specified in paragraph 1 above, the financial and travel measures imposed by paragraphs 9 and 11 of resolution 1807 (2008) and reaffirms the provisions of paragraphs 10 and 12 of resolution 1807 (2008) in relation to those measures;

  • 6. Decides that the measures imposed by paragraph 9 of resolution 1807 (2008) shall not apply as per the criteria set out in paragraph 10 of resolution 2078 (2012);

  • 7. Decides that the measures referred to in paragraph 5 above shall apply to individuals and entities as designated by the Committee for engaging in or providing support for acts that undermine the peace, stability or security of the DRC, and decides that such acts include:

    • a) acting in violation of the measures taken by Member States in accordance with paragraph 1 above;

    • b) being political and military leaders of foreign armed groups operating in the DRC who impede the disarmament and the voluntary repatriation or resettlement of combatants belonging to those groups;

    • c) being political and military leaders of Congolese militias, including those receiving support from outside the DRC, who impede the participation of their combatants in disarmament, demobilization and reintegration processes;

    • d) recruiting or using children in armed conflict in the DRC in violation of applicable international law;

    • e) planning, directing, or committing acts in the DRC that constitute human rights violations or abuses or violations of international humanitarian law, as applicable, including those acts involving the targeting of civilians, including killing and maiming, rape and other sexual violence, abduction, forced displacement, and attacks on schools and hospitals;

    • f) obstructing the access to or the distribution of humanitarian assistance in the DRC;

    • g) supporting individuals or entities, including armed groups or criminal networks, involved in destabilizing activities in the DRC through the illicit exploitation or trade of natural resources, including gold or wildlife as well as wildlife products;

    • h) acting on behalf of or at the direction of a designated individual or entity, or acting on behalf of or at the direction of an entity owned or controlled by a designated individual or entity;

    • i) planning, directing, sponsoring or participating in attacks against MONUSCO peacekeepers or United Nations personnel;

    • j) providing financial, material, or technological support for, or goods or services to, a designated individual or entity.

Group of Experts

  • 8. Decides to extend until 1 August 2017 the mandate of the Group of Experts, expresses its intention to review the mandate and take appropriate action regarding the further extension no later than 1 July 2017, and requests the Secretary-General to take the necessary administrative measures as expeditiously as possible to re-establish the Group of Experts, in consultation with the Committee, drawing, as appropriate, on the expertise of the members of the Group established pursuant to previous resolutions;

  • 9. Requests the Group of Experts to fulfil its mandate as consolidated below, and to provide to the Council, after discussion with the Committee, a mid-term report no later than 30 December 2016, and a final report no later than 15 June 2017, as well as submit monthly updates to the Committee, except in the months where the mid-term and final reports are due:

    • a) assist the Committee in carrying out its mandate, including through providing the Committee with information relevant to the potential designation of individuals and entities who may be engaging in the activities described in paragraph 7 of this resolution;

    • b) gather, examine and analyse information regarding the implementation, with a focus on incidents of non-compliance, of the measures decided in this resolution;

    • c) consider and recommend, where appropriate, ways of improving the capabilities of Member States, in particular those in the region, to ensure the measures imposed by this resolution are effectively implemented;

    • d) gather, examine and analyse information regarding the regional and international support networks to armed groups and criminal networks in the DRC;

    • e) gather, examine and analyse information regarding the supply, sale or transfer of arms, related materiel and related military assistance, including through illicit trafficking networks and the transfer of arms and related materiel to armed groups from the DRC security forces;

    • f) gather, examine and analyse information regarding perpetrators of serious violations of international humanitarian law and human rights violations and abuses, including those within the security forces, in the DRC,

    • g) evaluate the impact of minerals traceability referred to in paragraph 24 of this resolution and continue collaboration with other forums;

    • h) assist the Committee in refining and updating information on the list of individuals and entities subject to the measures imposed by this resolution, including through the provision of identifying information and additional information for the publicly-available narrative summary of reasons for listing;

  • 10. Expresses its full support to the Group of Experts and calls for enhanced cooperation between all States, particularly those in the region, MONUSCO, relevant UN bodies and the Group of Experts, encourages further that all parties and all States ensure cooperation with the Group of Experts by individuals and entities within their jurisdiction or under their control and reiterates its demand that all parties and all States ensure the safety of its members and its support staff, and that all parties and all States, including the DRC and countries of the region, provide unhindered and immediate access, in particular to persons, documents and sites the Group of Experts deems relevant to the execution of its mandate;

  • 11. Calls upon the Group of Experts to cooperate actively with other Panels or Groups of Experts established by the Security Council, as relevant to the implementation of its mandate;

Armed groups

  • 12. Strongly condemns all armed groups operating in the region and their violations of international humanitarian law as well as other applicable international law, and abuses of human rights including attacks on the civilian population, MONUSCO peacekeepers and humanitarian actors, summary executions, sexual and gender-based violence and large scale recruitment and use of children, and reiterates that those responsible will be held accountable;

  • 13. Demands that the FDLR, the ADF, the LRA and all other armed groups operating in the DRC cease immediately all forms of violence and other destabilizing activities, including the exploitation of natural resources, and that their members immediately and permanently disband, lay down their arms, and liberate and demobilize all children from their ranks;

National and Regional Commitments

  • 14. Welcomes the progress made to date by the Government of the DRC on ending the recruitment and use of children in armed conflict, urges the Government of the DRC to continue the full implementation and dissemination throughout the military chain of command, including in remote areas, of its commitments made in the action plan signed with the United Nations, and for the protection of girls and boys from sexual violence, and further calls upon the Government of the DRC to ensure that children are not detained on charges related to association with armed groups;

  • 15. Welcomes efforts made by the Government of the DRC to combat and prevent sexual violence in conflict, including progress made in the fight against impunity, and calls on the Government of DRC to further pursue its action plan commitments to end sexual violence and violations committed by its armed forces and continue efforts in that regard, noting that failure to do so may result in the FARDC being named again in future Secretary-General’s reports on sexual violence;

  • 16. Stresses the importance of the Government of the DRC actively seeking to hold accountable those responsible for war crimes and crimes against humanity in the country and of regional cooperation to this end, including through its ongoing cooperation with the International Criminal Court, encourages MONUSCO to use its existing authority to assist the government of the DRC in this regard, and calls on all signatories of the PSC Framework to continue to implement their commitments and cooperate fully with one another and the Government of the DRC, as well as MONUSCO to this end;

  • 17. Recalls that there should be no impunity for any of those responsible for violations of international humanitarian law and violations and abuses of human rights in the DRC and the region, and, in this regard, urges the DRC, all countries in the region and other concerned UN Member States to bring perpetrators to justice and hold them accountable, including those within the security sector;

  • 18. Calls on the Government of the DRC to continue to enhance stockpile security, accountability and management of arms and ammunition, with the assistance of international partners, to address ongoing reports of diversion to armed groups, as necessary and requested, and to urgently implement a national weapons marking program, in particular for state-owned firearms, in line with the standards established by the Nairobi Protocol and the Regional Centre on Small Arms;

  • 19. Emphasizes the primary responsibility of the Government of the DRC to reinforce State authority and governance in eastern DRC, including through effective security sector reform to allow army, police and justice sector reform, and to end impunity for violations and abuses of human rights and violations of international humanitarian law, and urges the Government of the DRC to increase efforts in this regard, in accordance with its national commitments under the PSC Framework;

  • 20. Urges the Government of the DRC as well as all relevant parties to ensure an environment conducive to a free, fair, credible, inclusive, transparent, peaceful and timely electoral process, in accordance with the Congolese Constitution, and recalls paragraphs 7, 8, 9 and 10 of resolution 2277 (2016);

  • 21. Calls upon all States, especially those in the region, to take effective steps to ensure that there is no support, in or from their territories, for armed groups in, or travelling through, the DRC, stressing the need to address the networks of support, the recruitment and use of child soldiers, financing and recruitment of armed groups active in the DRC, as well as the need to address the ongoing collaboration between FARDC elements and armed groups at a local level, and calls upon all States to take steps to hold accountable, where appropriate, leaders and members of the FDLR and other armed groups residing in their countries;

Natural Resources

  • 22. Further encourages the continuation of efforts by the Government of the DRC to address issues of illegal exploitation and smuggling of natural resources, including holding accountable those elements of the FARDC which participate in the illicit trade of natural resources, particularly gold and wildlife products;

  • 23. Stresses the need to undertake further efforts to cut off financing for armed groups involved in destabilizing activities through the illicit trade of natural resources, including gold or wildlife products;

  • 24. Welcomes in this regard the measures taken by the Congolese Government to implement the due diligence guidelines on the supply chain of minerals, as defined by the Group of Experts and the Organization for Economic Cooperation and Development (OECD), recognizes the Congolese Government’s efforts to implement minerals traceability schemes, and calls on all States to assist the DRC, the ICGLR and the countries in the Great Lakes region to develop a responsible minerals trade;

  • 25. Welcomes measures taken by the Governments in the region to implement the Group of Experts due diligence guidelines, including adopting the Regional Certification Mechanism of the ICGLR into their national legislation, in accordance with OECD Guidance and international practice, requests the extension of the certification process to other Member States in the region, and calls on all States, particularly those in the region, to continue to raise awareness of the due diligence guidelines, including by urging importers, processing industries, including gold refiners, and consumers of Congolese mineral products to exercise due diligence in accordance with paragraph 19 of resolution 1952 (2010);

  • 26. Encourages the ICGLR and ICGLR Member States to work closely with the industry schemes currently operating in the DRC to ensure sustainability, transparency, and accountability of operations, and further recognizes and encourages the DRC government’s continued support for the establishment of traceability and diligence systems to allow for the export of artisanal gold;

  • 27. Continues to encourage the ICGLR to put in place the necessary technical capacity required to support Member States in their fight against the illegal exploitation of natural resources, notes that some ICGLR Member States have made significant progress, and recommends all Member States to fully implement the regional certification scheme and report mineral trade statistics in accordance with paragraph 19 of resolution 1952 (2010);

  • 28. Encourages all States to continue efforts to end the illicit trade in natural resources, in particular in the gold sector, and to hold those complicit in the illicit trade accountable, as part of broader efforts to ensure that the illicit trade in natural resources is not benefiting sanctioned entities, armed groups or criminal networks, including those with members in the FARDC;

  • 29. Reaffirms the provisions of paragraphs 7 to 9 of resolution 2021 (2011) and calls upon the DRC and States in the Great Lakes region to cooperate at the regional level to investigate and combat regional criminal networks and armed groups involved in the illegal exploitation of natural resources, including wildlife poaching and trafficking, and require their customs authorities to strengthen their control on exports and imports of minerals from the DRC;

Role of MONUSCO

  • 30. Recalls the mandate of MONUSCO as outlined in resolution 2277 (2016), in particular in paragraph 31 underlining the importance of enhanced political and conflict-related analysis, including by collecting and analysing information on the criminal networks which support the armed groups, paragraph 36 (ii) regarding the monitoring of the implementation of the arms embargo, and paragraph 36 (iii) on mining activities;

  • 31. Encourages timely information exchange between MONUSCO and the Group of Experts in line with paragraph 43 of resolution 2277 (2016), and requests MONUSCO to assist the Committee and the Group of Experts, within its capabilities;

Sanctions Committee, Reporting and Review

  • 32. Calls upon all States, particularly those in the region and those in which individuals and entities designated pursuant to paragraph 7 of this resolution are based, to regularly report to the Committee on the actions they have taken to implement the measures imposed by paragraphs 1, 4, and 5 and recommended in paragraph 8 of resolution 1952 (2010);

  • 33. Emphasizes the importance for the Committee of holding regular consultations with concerned Member States, as may be necessary, in order to ensure full implementation of the measures set forth in this resolution;

  • 34. Requests the Committee to report orally, through its Chair, at least once per year to the Council, on the state of the overall work of the Committee, including alongside the Special Representative of the Secretary-General for the DRC on the situation in the DRC as appropriate, and encourages the Chair to hold regular briefings for all interested Member States;

  • 35. Requests the Committee to identify possible cases of non-compliance with the measures pursuant to paragraphs 1, 4 and 5 above and to determine the appropriate course of action on each case, and requests the Chair, in regular reports to the Council pursuant to paragraph 34 of this resolution, to provide progress reports on the Committee’s work on this issue;

  • 36. Requests the Special Representative of the Secretary-General for Children and Armed Conflict and the Special Representative for Sexual Violence in Conflict to continue sharing relevant information with the Committee in accordance with paragraph 7 of resolution 1960 (2010) and paragraph 9 of resolution 1998 (2011);

  • 37. Decides that, when appropriate and no later than 1 July 2017, it shall review the measures set forth in this resolution, with a view to adjusting them, as appropriate, in light of the security situation in the DRC, in particular progress in security sector reform and in disarming, demobilizing, repatriating, resettling and reintegrating, as appropriate, Congolese and foreign armed groups, with a particular focus on children among them, and compliance with this resolution;

  • 38. Decides to remain actively seized of the matter.

Op 22 juli 2016 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7743e zitting Resolutie 2298 (2016) inzake Libië aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2298 (2016)
Adopted by the Security Council at its 7743rd meeting, on 22 July 2016

The Security Council,

Recalling its resolution 1970 (2011) and all its subsequent resolutions on Libya, and support for the Government of National Accord,

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Libya,

Recalling the objective of the Convention on the Prohibition of the Development, Production, Stockpiling and use of Chemical Weapons and on their Destruction (the “Chemical Weapons Convention”) to exclude completely the possibility of the use of chemical weapons,

Recalling Libya’s accession to the Chemical Weapons Convention in 2004, and the subsequent decisions of the Organization for the Prohibition of Chemical Weapons (OPCW) Executive Council concerning the destruction of Libya’s declared chemical weapons, including precursors and notes the need for continued progress in this regard to ensure the complete destruction of Libya’s chemical weapons,

Welcoming the decision EC-M-52/DEC.1 of the Executive Council of the Organisation for the Prohibition of Chemical Weapons (OPCW) of 20 July on the “Destruction of Libya’s Remaining Chemical Weapons”,

Noting a letter dated 16 July from the Libyan National Authority for the Chemical Weapons Convention to the OPCW Director-General informing the Secretariat of the movement of all of its remaining chemical weapons to a storage site in the north of the country, requesting the assistance and support of the Secretariat and States Parties to the Chemical Weapons Convention in ensuring the destruction of Libya’s remaining category 2 chemical weapons on an expedited basis, and expressing the intent of Libya to cooperate fully with the OPCW,

Recalling the joint announcement, dated 4 February 2014, by Libya and OPCW on the complete destruction of Libya’s category 1 chemical weapons,

Determining that the potential for acquisition by non-State actors of chemical weapons in Libya represents a threat to international peace and security,

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

  • 1. Endorses the decision EC-M-52/DEC.1 of the Executive Council of the OPCW on 20 July requesting the Director-General to assist Libya in developing a modified plan of destruction of Libya’s chemical weapons, that will be considered by the Executive Council, along with recommendations from the Director-General for additional measures needed to ensure the expeditious transport, storage and destruction of Libya’s chemical weapons and expressing the Executive Council’s determination to ensure the destruction of Libya’s chemical weapons stockpile in a safe and expeditious manner;

  • 2. Encourages Member States to assist the Government of National Accord in providing support, including personnel, technical expertise, information, equipment, and financial and other resources and assistance, in coordination with the Director-General of the OPCW, to enable the OPCW to implement the elimination of Libya’s category 2 chemical weapons safely and in the soonest practicable timescale;

  • 3. Decides to authorize Member States to acquire, control, transport, transfer and destroy chemical weapons identified by the Director-General of the OPCW, consistent with the objective of the Chemical Weapons Convention, to ensure the elimination of Libya’s chemical weapons stockpile in the soonest and safest manner, with appropriate consultations with the Government of National Accord;

  • 4. Requests the Director-General of the OPCW, through the Secretary- General, to report to the Security Council, on activities related to the implementation of OPCW Executive Council Decision EC-M-52/DEC.1 of this resolution on a regular basis until the destruction of the remaining chemical weapons is complete and verified;

  • 5. Reminds Member States of their obligation under Resolution 1540 (2004) that all States shall take and enforce effective measures to establish domestic controls to prevent the proliferation of nuclear, chemical or biological weapons and their means of delivery, and reaffirms its decision that Member States shall inform the Security Council immediately of any violation of resolution 1540 including acquisition by non-State actors of chemical weapons, their means of delivery and related materials;

  • 6. Decides to remain seized of the matter.

Op 12 augustus 2016 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7754e zitting Resolutie 2304 (2016) inzake Zuid-Sudan aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2304 (2016)
Adopted by the Security Council at its 7754th meeting, on 12 August 2016

The Security Council,

Recalling its previous resolutions 1996 (2011), 2046 (2012), 2057 (2012), 2109 (2013), 2132 (2013), 2155 (2014), 2187 (2014), 2206 (2015), 2223 (2015), 2241 (2015), 2252 (2015), and 2302 (2016) and statements by its President S/PRST/2014/16, S/PRST/2014/26, S/PRST/2015/9, S/PRST/2016/1, and S/PRST/2016/3,

Reaffirming its strong commitment to the sovereignty, independence, territorial integrity, and national unity of the Republic of South Sudan, and recalling the importance of the principles of non-interference, good-neighbourliness, and regional cooperation,

Reiterating its grave alarm and concern regarding the political, security, economic, and humanitarian crisis in South Sudan, resulting from the internal Sudan People’s Liberation Movement (SPLM) political dispute, and subsequent violence caused by the country’s political and military leaders since December 2013, and emphasizing there can be no military solution to the situation in South Sudan and noting the “Agreement on the Resolution of the Conflict in the Republic of South Sudan” as the framework for durable peace, reconciliation and national cohesion in South Sudan,

Condemning in the strongest terms the fighting in Juba, South Sudan 8-11 July 2016, including attacks against civilians, United Nations personnel, premises and property, and requesting the Secretary-General expedite investigation into these attacks, expressing deep concern at the tense and fragile security situation in the rest of the country, including armed clashes and violence involving the Sudan People’s Liberation Army (SPLA) and SPLA-In Opposition (SPLA-IO), and armed groups, reminding all parties of the civilian character of protection of civilians sites in South Sudan, and recalling resolution 2206 (2015), which states in part that those who engage in attacks against United Nations missions, international security presences, or other peacekeeping operations, or humanitarian personnel may be subject to sanctions,

Further condemning the clashes that took place at the United Nations Protection of Civilians site in Malakal, South Sudan on 17-18 February, and requesting the United Nations Secretariat to ensure that the lessons learned from that incident are applied in the future operation of the mission,

Commending the work of the United Nations Mission in the Republic of South Sudan (UNMISS), and noting with concern that the extensive resources needed to protect civilians at the United Nations Protection of Civilians sites has limited UNMISS’s presence outside the United Nations Protection of Civilians sites,

Condemning the continued obstruction of UNMISS by the Transitional Government of National Unity of South Sudan, including severe restrictions on freedom of movement and constraints on mission operations which may be in violation of its obligations under the Status of Forces Agreement,

Strongly condemning all human rights violations and abuses and violations of international humanitarian law, including those involving extrajudicial killings, ethnically targeted violence, rape and other forms of sexual and gender-based violence, recruitment and use of children, enforced disappearances, arbitrary arrests and detention, violence aimed at spreading terror among the civilian population, targeting of members of civil society, and attacks on schools, places of worship, hospitals, and United Nations and associated personnel, by all parties, including armed groups and national security forces, as well as the incitement to commit such abuses and violations, further condemning harassment and targeting of civil society, humanitarian personnel and journalists, and emphasizing that those responsible for violations of international humanitarian law and violations and abuses of human rights must be held accountable, and that South Sudan’s Transitional Government of National Unity bears the primary responsibility to protect its populations from genocide, war crimes, ethnic cleansing, and crimes against humanity,

Taking note of the decisions adopted by the Intergovernmental Authority on Development (IGAD) Plus Heads of State and Government in their 16 July 2016 Communique for deployment of a “regional protection force,” the African Union Assembly 18 July 2016 communique endorsing the IGAD Plus Heads of State and Government 16 July 2016 communique, and the 5 August 2016 Communique of the Second IGAD Plus Extra-Ordinary Summit on the Situation in South Sudan which notes the Transitional Government of National Unity’s consent to deployment of such a force in principle and welcoming the readiness expressed by member states in the region to increase their contribution of troops to UNMISS for this purpose,

Encouraging countries in the region, the African Union Peace and Security Council, and IGAD to continue firmly engaging with South Sudanese leaders to address the current political crisis,

Determining that the situation in South Sudan continues to constitute a threat to international peace and security in the region,

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

  • 1. Demands that all parties immediately end the fighting throughout South Sudan, and further demands that South Sudan’s leaders implement the permanent ceasefire declared in the Agreement on the Resolution of the Conflict in the Republic of South Sudan (Agreement) and ceasefires for which they respectively called on 11 July 2016, and ensure that subsequent decrees and orders directing their commanders control their forces and protect civilians and their property are fully implemented;

  • 2. Demands that the Transitional Government of National Unity of South Sudan comply with the obligations set out in the Status of Forces Agreement between the Government of South Sudan and the United Nations, and immediately cease obstructing UNMISS in the performance of its mandate, and further demands the Transitional Government of National Unity immediately cease obstructing international and national humanitarian actors from assisting civilians, and facilitate freedom of movement for the Ceasefire and Transitional Security Arrangements Monitoring Mechanism and calls on the Transitional Government of National Unity to take action, to deter, and to hold those responsible to account for, any hostile or other actions that impede UNMISS or international and national humanitarian actors;

  • 3. Urges the Joint Monitoring and Evaluation Commission (JMEC), the Intergovernmental Authority on Development (IGAD), the Ceasefire and Transitional Security Arrangements Monitoring Mechanism (CTSAMM), UNMISS, and the parties to the Agreement to convene a Permanent Ceasefire and Transitional Security Arrangements workshop in Juba to determine by 31 August 2016 the maximum number, type and armaments of security forces to remain in Juba and to assist in executing and verifying the redeployment of those forces and armaments to agreed locations by 15 September 2016 and further urges the IGAD, the Joint Monitoring and Evaluation Commission, UNMISS and the parties to the Agreement to review the status of the Joint Military Ceasefire Commission, the CTSAMM, the Joint Operations Center, the Joint Integrated Police, the Strategic Defense and Security Review, the National Architecture, cantonment, and the unification of forces and to develop revised proposals to ensure their efficacy by 30 September 2016;

  • 4. Decides to extend the UNMISS mandate, as set out in resolution 2252 (2015), until 15 December 2016, and authorizes UNMISS to use all necessary means to carry out its tasks;

  • 5. Emphasizes that protection of civilians must be given priority in decisions about the use of available capacity and resources within the mission, stresses that UNMISS’s mandate as set out in paragraph 8 of resolution 2252 (2015) includes authority to use all necessary means to protect United Nations personnel, installations and equipment to deter violence especially through proactive deployment and active patrolling, to protect civilians from threats, regardless of source, to create conditions conducive to delivery of humanitarian assistance by international and national actors, and support implementation the Agreement, and stresses that such actions include, but are not limited to, within UNMISS’s capacity and areas of deployment, defending protection of civilians sites, establishing areas around the sites that are not used for hostile purposes by any forces, addressing threats to the sites, searching individuals attempting to enter the sites, and seizing weapons from those inside or attempting to enter the sites, removing from and denying entry of armed actors to the protection of civilians sites;

  • 6. Requests the Secretary-General to take all appropriate steps and, in consultation with troop and police contributing countries, to identify options, including seeking the support of Member States, to enhance the safety and security of UNMISS’s personnel to enable UNMISS to execute effectively its mandate in a complex security environment, including through improving UNMISS’s early warning, surveillance, and information gathering capacities, enhancing quick response and crisis management capacity, including providing appropriate training and equipment, implementing more effective casualty and medical evacuation procedures, and taking active and effective steps to improve the planning and functioning of UNMISS’s safety and security facilities and arrangements;

  • 7. Recalls its resolution 2086 (2013) and reaffirms the basic principles of peacekeeping, as set forth in Presidential Statement S/PRST/2015/22, including consent of the parties, impartiality, and non-use of force, except in self-defence and defence of the mandate, and recognizes that the mandate of each peacekeeping mission is specific to the need and situation of the country concerned;

  • 8. Decides further that UNMISS shall include, consistent with paragraph 7 above, a Regional Protection Force established for an initial period until 15 December 2016, which will report to the overall UNMISS Force Commander, to be based in Juba, with the responsibility of providing a secure environment in and around Juba, including in support of the outcomes of the Permanent Ceasefire and Transitional Security Arrangements Workshop, and in extremis in other parts of South Sudan as necessary, and stresses that the Regional Protection Force will carry out its mandate, as set forth in paragraph 10, impartially and in strict compliance with international law, including, as applicable, international humanitarian law;

  • 9. Stresses the critical importance that the Regional Protection Force has a clear, conditions-based exit strategy and express its intent to consider the presence of the Regional Protection Force in light of the changing situation on the ground;

  • 10. To advance in cooperation with the Transitional Government of National Unity the safety and security of the people of South Sudan and to create an enabling environment for implementation of the Agreement, authorizes the Regional Protection Force to use all necessary means, including undertaking robust action where necessary and actively patrolling, to accomplish the Regional Protection Force’s mandate, to:

    • a) Facilitate the conditions for safe and free movement into, out of, and around Juba, including through protecting the means of ingress and egress from the city and major lines of communication and transport within Juba;

    • b) Protect the airport to ensure the airport remains operational, and protect key facilities in Juba essential to the well-being of the people of Juba, as identified by the Special Representative of the Secretary-General;

    • c) Promptly and effectively engage any actor that is credibly found to be preparing attacks, or engages in attacks, against United Nations protection of civilians sites, other United Nations premises, United Nations personnel, international and national humanitarian actors, or civilians;

  • 11. Requests the Regional Protection Force to carry out these tasks as determined by the Special Representative of the Secretary-General, recognizes that full and unrestricted freedom of movement is essential for the Regional Protection Force to carry out these tasks and demands the government provide support as needed for the Regional Protection Force to fulfill its mission and calls upon IGAD countries to continue to insist that the South Sudanese fulfil their commitments in this regard;

  • 12. Notes consultations between the Transitional Government of National Unity and the states of the region referenced in the 5 August 2016 Communique of the Second IGAD Plus Extra-Ordinary Summit on the Situation in South Sudan, expresses its intention to review the results of these consultations and to consider potential action, including any appropriate updates to the mandate of the Regional Protection Force, arising from the results of those consultations;

  • 13. Urges member states in the region to expedite contributions of rapidly deployable troops to ensure the full deployment of the Regional Protection Force as soon as possible;

  • 14. Decides to increase the force levels of UNMISS up to a ceiling of 17,000 troops, including 4,000 for the Regional Protection Force, and requests the Secretary-General to take the necessary steps to expedite force and asset generation;

  • 15. Requests the Secretary-General to strengthen UNMISS’s strategic communications capacity to undertake messaging on the ongoing impartial nature of UNMISS activities, including those of its Regional Protection Force;

Reports

  • 16. Requests that the Secretary-General provide detailed information within 30 days on force generation, restructuring of the UNMISS force, logistical support and enablers, and civilian personnel to implement the mandate, as well as whether the Transitional Government of National Unity has maintained its consent in principle to deployment of the Regional Protection Force and not imposed any political or operational impediments to operationalizing the Regional Protection Force or obstructed UNMISS in the performance of its mandate, and requests the Secretary-General to review needs on the ground, and provide an updated assessment of the Regional Protection Force’s operations, deployment, and future requirements, as well as any political or operational impediments to operationalizing the Regional Protection Force and obstructions to UNMISS in performance of its mandate, within 30 days after the adoption of this resolution, and every 30 days thereafter;

  • 17. Decides that if in any of the reports pursuant to paragraph 16 above the Secretary General reports political or operational impediments to operationalizing the Regional Protection Force or obstructions to UNMISS in performance of its mandate, due to the actions of the Transitional Government of National Unity, within five days of receipt of such report it shall consider appropriate measures including those measures described in the draft resolution in Annex;

  • 18. Requests the Secretary-General to report to the Council on implementation of the UNMISS mandate including UNMISS’ Regional Protection Force, and to present the recommendations on the steps to adapt UNMISS to the situation on the ground and to increase efficiency of the implementation of its mandate in a comprehensive written report covering issues including strengthening safety and security of United Nations personnel and facilities to be submitted within 90 days of the date of adoption of this resolution, and further expresses its intention to consider the Secretary-General’s recommendations within the context of the next UNMISS mandate extension;

  • 19. Decides to remain seized of the matter.


Annex – Draft Resolution

Determining that the situation in South Sudan continues to constitute a threat to international peace and security in the region,

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

Arms Embargo

  • 1. Decides that, for a period of one year from the date of adoption of this resolution, all Member States shall immediately take the necessary measures to prevent the direct or indirect supply, sale or transfer to the territory of South Sudan, including to the Government of South Sudan or the SPLA-IO, from or through member state’s territories or by their nationals, or using their flag vessels or aircraft, of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical assistance, training, financial or other assistance, related to military activities or the provision, maintenance or use of any arms and related materiel, including the provision of armed mercenary personnel whether or not originating in their territories;

  • 2. Decides that the measure imposed in paragraph 1 of this resolution shall not apply to the supply, sale or transfer of:

    • a) Arms and related materiel, as well as training and assistance, intended solely for support of or use by UN personnel, including UNMISS and the United Nations Interim Security Force for Abyei (UNISFA);

    • b) Non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as notified in advance to the Committee;

    • c) Protective clothing, including flak jackets and military helmets, temporarily exported to South Sudan by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;

    • d) Arms and related materiel temporarily exported to South Sudan by the forces of a State which is taking action, in accordance with international law, solely and directly to facilitate the protection or evacuation of its nationals and those for whom it has consular responsibility in South Sudan, as notified to the Committee;

    • e) Arms and related materiel, as well as technical training and assistance, to or in support of the African Union Regional Task Force intended solely for regional counter-LRA operations, as notified in advance to the Committee;

    • f) Arms and related materiel, as well as technical training and assistance, solely in support of the implementation of the terms of the peace agreement, as approved in advance by the Committee;

    • g) Other sales or supply of arms and related materiel, or provision of assistance or personnel, as approved in advance by the Committee;

  • 3. Stresses the importance that notifications or requests for exemptions pursuant to paragraph 2 above contain all relevant information, including the purpose of the use, the end user, the technical specifications and quantity of the equipment to be shipped and, when applicable, the supplier, the proposed date of delivery, mode of transportation and itinerary of shipments;

Inspections

  • 4. Underscores that arms shipments in violation of this resolution risk fueling conflict and contributing to further instability, and strongly urges all Member States to take urgent action to identify and prevent such shipments within their territory;

  • 5. Calls upon all Member States, in particular States neighbouring South Sudan, to inspect, in accordance with their national authorities and legislation and consistent with international law, in particular the law of the sea and relevant international civil aviation agreements, all cargo to South Sudan, in their territory, including seaports and airports, if the State concerned has information that provides reasonable grounds to believe the cargo contains items the supply, sale, or transfer of which is prohibited by paragraph 1 of this resolution for the purpose of ensuring strict implementation of these provisions;

  • 6. Decides to authorize all Member States to, and that all Member States shall, upon discovery of items the supply, sale, or transfer of which is prohibited by paragraph 1 of this resolution, seize and dispose (such as through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal) of such items and decides further that all Member States shall cooperate in such efforts;

  • 7. Requires any Member State when it undertakes an inspection pursuant to paragraph 5 of this resolution, to submit promptly an initial written report to the Committee containing, in particular, explanation of the grounds for the inspections, the results of such inspections, and whether or not cooperation was provided, and, if prohibited items for supply, sale, or transfer are found, further requires such Member States to submit to the Committee within 30 days a subsequent written report containing relevant details of the inspection, seizure, and disposal, and relevant details of the transfer, including a description of the items, their origin and intended destination, if this information is not in the initial report;

Panel of Experts and Sanctions Committee

  • 8. Decides that the tasks of the Committee established pursuant to resolution 2206 (2015) shall also include examining and taking appropriate action on information regarding alleged violations or non-compliance with the measures imposed by paragraph 1 of this resolution;

  • 9. Decides further that the tasks of the Panel of Experts established pursuant to resolution 2206 shall also include gathering, examining and analyzing information regarding the implementation of the measure in paragraph 1 of this resolution, and reporting to the Committee;

  • 10. Decides to remain seized of the matter.

In overeenstemming met artikel 19, tweede lid, van de Rijkswet goedkeuring en bekendmaking verdragen heeft de Minister van Buitenlandse Zaken bepaald dat de resoluties zullen zijn bekendgemaakt in het gehele Koninkrijk op de dag na de datum van uitgifte van dit Tractatenblad.

Uitgegeven de zevenentwintigste september 2016.

De Minister van Buitenlandse Zaken, A.G. KOENDERS

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