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1 (1945) Nr. 80
Handvest van de Verenigde Naties;
San Francisco, 26 juni 1945
Voor een overzicht van de verdragsgegevens, zie verdragsnummer 006585 in de Verdragenbank.
Op 15 oktober 1999 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 4051e zitting Resolutie 1267 (1999) inzake Afghanistan aangenomen. De Engelse tekst van de resolutie luidt:
The Security Council,
Reaffirming its previous resolutions, in particular resolutions 1189 (1998) of 13 August 1998, 1193 (1998) of 28 August 1998 and 1214 (1998) of 8 December 1998, and the statements of its President on the situation in Afghanistan,
Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Afghanistan, and its respect for Afghanistan’s cultural and historical heritage,
Reiterating its deep concern over the continuing violations of international humanitarian law and of human rights, particularly discrimination against women and girls, and over the significant rise in the illicit production of opium, and stressing that the capture by the Taliban of the Consulate-General of the Islamic Republic of Iran and the murder of Iranian diplomats and a journalist in Mazar-e-Sharif constituted flagrant violations of established international law,
Recalling the relevant international counter-terrorism conventions and in particular the obligations of parties to those conventions to extradite or prosecute terrorists,
Strongly condemning the continuing use of Afghan territory, especially areas controlled by the Taliban, for the sheltering and training of terrorists and planning of terrorist acts, and reaffirming its conviction that the suppression of international terrorism is essential for the maintenance of international peace and security,
Deploring the fact that the Taliban continues to provide safe haven to Usama bin Laden and to allow him and others associated with him to operate a network of terrorist training camps from Taliban-controlled territory and to use Afghanistan as a base from which to sponsor international terrorist operations,
Noting the indictment of Usama bin Laden and his associates by the United States of America for, inter alia, the 7 August 1998 bombings of the United States embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania and for conspiring to kill American nationals outside the United States, and noting also the request of the United States of America to the Taliban to surrender them for trial (S/1999/1021),
Determining that the failure of the Taliban authorities to respond to the demands in paragraph 13 of resolution 1214 (1998) constitutes a threat to international peace and security,
Stressing its determination to ensure respect for its resolutions,
Acting under Chapter VII of the Charter of the United Nations,
1. Insists that the Afghan faction known as the Taliban, which also calls itself the Islamic Emirate of Afghanistan, comply promptly with its previous resolutions and in particular cease the provision of sanctuary and training for international terrorists and their organizations, take appropriate effective measures to ensure that the territory under its control is not used for terrorist installations and camps, or for the preparation or organization of terrorist acts against other States or their citizens, and cooperate with efforts to bring indicted terrorists to justice;
2. Demands that the Taliban turn over Usama bin Laden without further delay to appropriate authorities in a country where he has been indicted, or to appropriate authorities in a country where he will be returned to such a country, or to appropriate authorities in a country where he will be arrested and effectively brought to justice;
3. Decides that on 14 November 1999 all States shall impose the measures set out in paragraph 4 below, unless the Council has previously decided, on the basis of a report of the Secretary-General, that the Taliban has fully complied with the obligation set out in paragraph 2 above;
4. Decides further that, in order to enforce paragraph 2 above, all States shall:
a) Deny permission for any aircraft to take off from or land in their territory if it is owned, leased or operated by or on behalf of the Taliban as designated by the Committee established by paragraph 6 below, unless the particular flight has been approved in advance by the Committee on the grounds of humanitarian need, including religious obligation such as the performance of the Hajj;
b) Freeze funds and other financial resources, including funds derived or generated from property owned or controlled directly or indirectly by the Taliban, or by any undertaking owned or controlled by the Taliban, as designated by the Committee established by paragraph 6 below, and ensure that neither they nor any other funds or financial resources so designated are made available, by their nationals or by any persons within their territory, to or for the benefit of the Taliban or any undertaking owned or controlled, directly or indirectly, by the Taliban, except as may be authorized by the Committee on a case-by-case basis on the grounds of humanitarian need;
5. Urges all States to cooperate with efforts to fulfil the demand in paragraph 2 above, and to consider further measures against Usama bin Laden and his associates;
6. Decides to establish, in accordance with rule 28 of its provisional rules of procedure, a Committee of the Security Council consisting of all the members of the Council to undertake the following tasks and to report on its work to the Council with its observations and recommendations:
a) To seek from all States further information regarding the action taken by them with a view to effectively implementing the measures imposed by paragraph 4 above;
b) To consider information brought to its attention by States concerning violations of the measures imposed by paragraph 4 above and to recommend appropriate measures in response thereto;
c) To make periodic reports to the Council on the impact, including the humanitarian implications, of the measures imposed by paragraph 4 above;
d) To make periodic reports to the Council on information submitted to it regarding alleged violations of the measures imposed by paragraph 4 above, identifying where possible persons or entities reported to be engaged in such violations;
e) To designate the aircraft and funds or other financial resources referred to in paragraph 4 above in order to facilitate the implementation of the measures imposed by that paragraph;
f) To consider requests for exemptions from the measures imposed by paragraph 4 above as provided in that paragraph, and to decide on the granting of an exemption to these measures in respect of the payment by the International Air Transport Association (IATA) to the aeronautical authority of Afghanistan on behalf of international airlines for air traffic control services;
g) To examine the reports submitted pursuant to paragraph 9 below;
7. Calls upon all States to act strictly in accordance with the provisions of this resolution, notwithstanding the existence of any rights or obligations conferred or imposed by any international agreement or any contract entered into or any licence or permit granted prior to the date of coming into force of the measures imposed by paragraph 4 above;
8. Calls upon States to bring proceedings against persons and entities within their jurisdiction that violate the measures imposed by paragraph 4 above and to impose appropriate penalties;
9. Calls upon all States to cooperate fully with the Committee established by paragraph 6 above in the fulfilment of its tasks, including supplying such information as may be required by the Committee in pursuance of this resolution;
10. Requests all States to report to the Committee established by paragraph 6 above within 30 days of the coming into force of the measures imposed by paragraph 4 above on the steps they have taken with a view to effectively implementing paragraph 4 above;
11. Requests the Secretary-General to provide all necessary assistance to the Committee established by paragraph 6 above and to make the necessary arrangements in the Secretariat for this purpose;
12. Requests the Committee established by paragraph 6 above to determine appropriate arrangements, on the basis of recommendations of the Secretariat, with competent international organizations, neighbouring and other States, and parties concerned with a view to improving the monitoring of the implementation of the measures imposed by paragraph 4 above;
13. Requests the Secretariat to submit for consideration by the Committee established by paragraph 6 above information received from Governments and public sources on possible violations of the measures imposed by paragraph 4 above;
14. Decides to terminate the measures imposed by paragraph 4 above once the Secretary-General reports to the Security Council that the Taliban has fulfilled the obligation set out in paragraph 2 above;
15. Expresses its readiness to consider the imposition of further measures, in accordance with its responsibility under the Charter of the United Nations, with the aim of achieving the full implementation of this resolution;
16. Decides to remain actively seized of the matter.
Op 19 december 2000 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 4251e zitting Resolutie 1333 (2000) inzake Afghanistan aangenomen. De Engelse tekst van de resolutie luidt:
The Security Council,
Reaffirming its previous resolutions, in particular resolution 1267 (1999) of 15 October 1999 and the statements of its President on the situation in Afghanistan,
Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Afghanistan, and its respect for Afghanistan’s cultural and historical heritage,
Recognizing the critical humanitarian needs of the Afghan people,
Supporting the efforts of the Personal Representative of the Secretary-General for Afghanistan to advance a peace process through political negotiations between the Afghan parties aimed at the establishment of a broad-based, multi-ethnic, and fully representative government, and calling for the warring factions to cooperate fully with those efforts to conclude a ceasefire and begin discussions leading to a political settlement, by moving forward promptly in the process of dialogue to which they have committed themselves,
Noting the December 2000 meeting of the Afghan Support Group which emphasized that the situation in Afghanistan is a complex one that requires a comprehensive, integrated approach to a peace process and issues of narcotics trafficking, terrorism, human rights, and international humanitarian and development aid,
Recalling the relevant international counter-terrorism conventions and in particular the obligations of parties to those conventions to extradite or prosecute terrorists,
Strongly condemning the continuing use of the areas of Afghanistan under the control of the Afghan faction known as Taliban, which also calls itself the Islamic Emirate of Afghanistan (hereinafter known as the Taliban), for the sheltering and training of terrorists and planning of terrorist acts, and reaffirming its conviction that the suppression of international terrorism is essential for the maintenance of international peace and security,
Noting the importance of the Taliban acting in accordance with the 1961 Single Convention, the 1971 Convention on Psychotropic Substances, and the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, and the commitments of the 1998 Twentieth Special Session of the General Assembly on Narcotic Drugs, including to work closely with the United Nations Drug Control Programme,
Noting that the Taliban benefits directly from the cultivation of illicit opium by imposing a tax on its production and indirectly benefits from the processing and trafficking of such opium, and recognizing that these substantial resources strengthen the Taliban’s capacity to harbour terrorists,
Deploring the fact that the Taliban continues to provide safehaven to Usama bin Laden and to allow him and others associated with him to operate a network of terrorist training camps from Taliban-controlled territory and to use Afghanistan as a base from which to sponsor international terrorist operations,
Noting the indictment of Usama bin Laden and his associates by the United States of America for, inter alia, the 7 August 1998 bombings of the United States embassies in Nairobi, Kenya and Dar es Salaam, Tanzania and for conspiring to kill American nationals outside the United States, and noting also the request of the United States of America to the Taliban to surrender them for trial (S/1999/1021),
Reiterating its deep concern over the continuing violations of international humanitarian law and of human rights, particularly discrimination against women and girls, and over the significant rise in the illicit production of opium,
Stressing that the capture by the Taliban of the Consulate-General of the Islamic Republic of Iran and the murder of Iranian diplomats and a journalist in Mazar-e-Sharif constituted flagrant violations of established international law,
Determining that the failure of the Taliban authorities to respond to the demands in paragraph 13 of resolution 1214 (1998) and in paragraph 2 of resolution 1267 (1999) constitutes a threat to international peace and security,
Stressing its determination to ensure respect for its resolutions,
Reaffirming the necessity for sanctions to contain adequate and effective exemptions to avoid adverse humanitarian consequences on the people of Afghanistan, and that they be structured in a way that will not impede, thwart or delay the work of international humanitarian assistance organizations or governmental relief agencies providing humanitarian assistance to the civilian population in the country,
Underlining the responsibility of the Taliban for the well-being of the population in the areas of Afghanistan under its control, and in this context calling on the Taliban to ensure the safe and unhindered access of relief personnel and aid to all those in need in the territory under their control,
Recalling the relevant principles contained in the Convention on the Safety of United Nations and Associated Personnel adopted by the General Assembly in its resolution 49/59 of 9 December 1994,
Acting under Chapter VII of the Charter of the United Nations,
1. Demands that the Taliban comply with resolution 1267 (1999) and, in particular, cease the provision of sanctuary and training for international terrorists and their organizations, take appropriate effective measures to ensure that the territory under its control is not used for terrorist installations and camps, or for the preparation or organization of terrorist acts against other States or their citizens, and cooperate with international efforts to bring indicted terrorists to justice;
2. Demands also that the Taliban comply without further delay with the demand of the Security Council in paragraph 2 of resolution 1267 (1999) that requires the Taliban to turn over Usama bin Laden to appropriate authorities in a country where he has been indicted, or to appropriate authorities in a country where he will be returned to such a country, or to appropriate authorities in a country where he will be arrested and effectively brought to justice;
3. Demands further that the Taliban should act swiftly to close all camps where terrorists are trained within the territory under its control, and calls for the confirmation of such closures by the United Nations, inter alia, through information made available to the United Nations by Member States in accordance with paragraph 19 below and through such other means as are necessary to assure compliance with this resolution;
4. Reminds all States of their obligation to implement strictly the measures imposed by paragraph 4 of resolution 1267 (1999);
5. Decides that all States shall:
a) Prevent the direct or indirect supply, sale and transfer to the territory of Afghanistan under Taliban control as designated by the Committee established pursuant to resolution 1267 (1999), hereinafter known as the Committee, by their nationals or from 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;
b) Prevent the direct or indirect sale, supply and transfer to the territory of Afghanistan under Taliban control, as designated by the Committee, by their nationals or from their territories, of technical advice, assistance, or training related to the military activities of the armed personnel under the control of the Taliban;
c) Withdraw any of their officials, agents, advisers, and military personnel employed by contract or other arrangement present in Afghanistan to advise the Taliban on military or related security matters, and urge other nationals in this context to leave the country;
6. Decides that the measures imposed by paragraph 5 above shall not apply to 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, and affirms that the measures imposed by paragraph 5 above do not apply to protective clothing, including flak jackets and military helmets, exported to Afghanistan by United Nations personnel, representatives of the media, and humanitarian workers for their personal use only;
7. Urges all States that maintain diplomatic relations with the Taliban to reduce significantly the number and level of the staff at Taliban missions and posts and restrict or control the movement within their territory of all such staff who remain; in the case of Taliban missions to international organizations, the host State may, as it deems necessary, consult the organization concerned on the measures required to implement this paragraph;
8. Decides that all States shall take further measures:
a) To close immediately and completely all Taliban offices in their territories;
b) To close immediately all offices of Ariana Afghan Airlines in their territories;
c) To freeze without delay funds and other financial assets of Usama bin Laden and individuals and entities associated with him as designated by the Committee, including those in the Al-Qaida organization, and including funds derived or generated from property owned or controlled directly or indirectly by Usama bin Laden and individuals and entities associated with him, and to ensure that neither they nor any other funds or financial resources are made available, by their nationals or by any persons within their territory, directly or indirectly for the benefit of Usama bin Laden, his associates or any entities owned or controlled, directly or indirectly, by Usama bin Laden or individuals and entities associated with him including the Al-Qaida organization and requests the Committee to maintain an updated list, based on information provided by States and regional organizations, of the individuals and entities designated as being associated with Usama bin Laden, including those in the Al-Qaida organization;
9. Demands that the Taliban, as well as others, halt all illegal drugs activities and work to virtually eliminate the illicit cultivation of opium poppy, the proceeds of which finance Taliban terrorist activities;
10. Decides that all States shall prevent the sale, supply or transfer, by their nationals or from their territories, of the chemical acetic anhydride to any person in the territory of Afghanistan under Taliban control as designated by the Committee or to any person for the purpose of any activity carried on in, or operated from, the territory under Taliban control as designated by the Committee;
11. Decides also that all States are required to deny any aircraft permission to take off from, land in or over-fly their territories if that aircraft has taken off from, or is destined to land at, a place in the territory of Afghanistan designated by the Committee as being under Taliban control, unless the particular flight has been approved in advance by the Committee on the grounds of humanitarian need, including religious obligations such as the performance of the Hajj, or on the grounds that the flight promotes discussion of a peaceful resolution of the conflict in Afghanistan, or is likely to promote Taliban compliance with this resolution or with resolution 1267 (1999);
12. Decides further that the Committee shall maintain a list of approved organizations and governmental relief agencies which are providing humanitarian assistance to Afghanistan, including the United Nations and its agencies, governmental relief agencies providing humanitarian assistance, the International Committee of the Red Cross and non-governmental organizations as appropriate, that the prohibition imposed by paragraph 11 above shall not apply to humanitarian flights operated by, or on behalf of, organizations and governmental relief agencies on the list approved by the Committee, that the Committee shall keep the list under regular review, adding new organizations and governmental relief agencies as appropriate and that the Committee shall remove organizations and governmental agencies from the list if it decides that they are operating, or are likely to operate, flights for other than humanitarian purposes, and shall notify such organizations and governmental agencies immediately that any flights operated by them, or on their behalf, are thereby subject to the provisions of paragraph 11 above;
13. Calls upon the Taliban to ensure the safe and unhindered access of relief personnel and aid to all those in need in the territory under their control, and underlines that the Taliban must provide guarantees for the safety, security and freedom of movement for United Nations and associated humanitarian relief personnel;
14. Urges States to take steps to restrict the entry into or transit through their territory of all senior officials of the rank of Deputy Minister or higher in the Taliban, the equivalent rank of armed personnel under the control of the Taliban, and other senior advisers and dignitaries of the Taliban, unless those officials are travelling for humanitarian purposes, including religious obligation such as the performance of the Hajj, or where the travel promotes discussion of a peaceful resolution of the conflict in Afghanistan or involves compliance with this resolution or resolution 1267 (1999);
15. Requests the Secretary-General in consultation with the Committee:
a) To appoint a committee of experts to make recommendations to the Council within sixty days of the adoption of this resolution regarding how the arms embargo and the closure of terrorist training camps demanded in paragraphs 3 and 5 above can be monitored, including inter alia the use of information obtained by Member States through their national means and provided by them to the Secretary-General;
b) To consult with relevant Member States to put into effect the measures imposed by this resolution and resolution 1267 (1999) and report the results of such consultations to the Council;
c) To report on the implementation of the existing measures, assess problems in enforcing these measures, make recommendations for strengthening enforcement, and evaluate actions of the Taliban to come into compliance;
d) To review the humanitarian implications of the measures imposed by this resolution and resolution 1267 (1999), and to report back to the Council within 90 days of the adoption of this resolution with an assessment and recommendations, to report at regular intervals thereafter on any humanitarian implications and to present a comprehensive report on this issue and any recommendations no later than 30 days prior to the expiration of these measures;
16. Requests the Committee to fulfil its mandate by undertaking the following tasks in addition to those set out in resolution 1267 (1999):
a) To establish and maintain updated lists based on information provided by States, regional, and international organizations of all points of entry and landing areas for aircraft within the territory of Afghanistan under control by the Taliban and to notify Member States of the contents of such lists;
b) To establish and maintain updated lists, based on information provided by States and regional organizations, of individuals and entities designated as being associated with Usama bin Laden, in accordance with paragraph 8 (c) above;
c) To give consideration to, and decide upon, requests for the exceptions set out in paragraphs 6 and 11 above;
d) To establish no later than one month after the adoption of this resolution and maintain an updated list of approved organizations and governmental relief agencies which are providing humanitarian assistance to Afghanistan, in accordance with paragraph 12 above;
e) To make relevant information regarding implementation of these measures publicly available through appropriate media, including through the improved use of information technology;
f) To consider, where and when appropriate, a visit to countries in the region by the Chairman of the Committee and such other members as may be required to enhance the full and effective implementation of the measures imposed by this resolution and resolution 1267 (1999) with a view to urging States to comply with relevant Council resolutions;
g) To make periodic reports to the Council on information submitted to it regarding this resolution and resolution 1267 (1999), including possible violations of the measures reported to the Committee and recommendations for strengthening the effectiveness of these measures;
17. Calls upon all States and all international and regional organizations, including the United Nations and its specialized agencies, to act strictly in accordance with the provisions of this resolution, notwithstanding the existence of any rights or obligations conferred or imposed by any international agreement or any contract entered into or any licence or permit granted prior to the date of coming into force of the measures imposed by paragraphs 5, 8, 10 and 11 above;
18. Calls upon States to bring proceedings against persons and entities within their jurisdiction that violate the measures imposed by paragraphs 5, 8, 10 and 11 above and to impose appropriate penalties;
19. Calls upon all States to cooperate fully with the Committee in the fulfilment of its tasks, including supplying such information as may be required by the Committee in pursuance of this resolution;
20. Requests all States to report to the Committee within 30 days of the coming into force of the measures imposed by paragraphs 5, 8, 10 and 11 above on the steps they have taken with a view to effectively implementing this resolution;
21. Requests the Secretariat to submit for consideration by the Committee information received from Governments and public sources on possible violations of the measures imposed by paragraphs 5, 8, 10 and 11 above;
22. Decides that the measures imposed by paragraphs 5, 8, 10 and 11 above shall come into force at 00.01 Eastern Standard Time, one month after the adoption of this resolution;
23. Further decides that the measures imposed by paragraphs 5, 8, 10 and 11 above are established for twelve months and that, at the end of this period, the Council will decide whether the Taliban has complied with paragraphs 1, 2 and 3 above, and, accordingly, whether to extend these measures for a further period with the same conditions;
24. Decides if the Taliban comply with the conditions of paragraphs 1, 2 and 3 above, before the twelve-month period has elapsed, the Security Council shall terminate the measures imposed by paragraphs 5, 8, 10 and 11 above;
25. Expresses its readiness to consider the imposition of further measures, in accordance with its responsibility under the Charter of the United Nations, with the aim of achieving full implementation of this resolution and resolution 1267 (1999), inter alia, taking into account the impact assessment referred to in paragraph 15 (d) with a view to enhancing the effectiveness of sanctions and avoiding humanitarian consequences;
26. Decides to remain actively seized of the matter.
Op 20 december 2002 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 4678e zitting Resolutie 1452 (2002) inzake dreigingen voor internationale vrede en veiligheid veroorzaakt door terroristische daden aangenomen. De Engelse tekst van de resolutie luidt:
The Security Council,
Recalling its resolutions 1267 (1999) of 15 October 1999, 1333 (2000) of 19 December 2000, 1363 (2001) of 30 July 2001 and 1390 (2002) of 16 January 2002,
Expressing its determination to facilitate the implementation of counter-terrorism obligations in accordance with relevant Security Council resolutions,
Reaffirming its resolution 1373 (2001) of 28 September 2001, and reiterating its support for international efforts to root out terrorism, in accordance with the Charter of the United Nations,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that the provisions of paragraph 4 (b) of resolution 1267 (1999), and paragraphs 1 and 2 (a) of resolution 1390 (2002), do not apply to funds and other financial assets or economic resources that have been determined by the relevant State(s) to be:
a) necessary for basic expenses, including payments 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, after notification by the relevant State(s) to the Committee established pursuant to resolution 1267 (1999) (hereinafter referred to as “the Committee”) of the intention to authorize, where appropriate, access to such funds, assets or resources and in the absence of a negative decision by the Committee within 48 hours of such notification;
b) necessary for extraordinary expenses, provided that such determination has been notified by the relevant State(s) to the Committee and has been approved by the Committee;
2. Decides that all States may allow for the addition to accounts subject to the provisions of paragraph 4 (b) of resolution 1267 (1999) and paragraphs 1 and 2 (a) of resolution 1390 (2002) of:
a) interest or other earnings due on those accounts, or
b) payments due under contracts, agreements or obligations that arose prior to the date on which those accounts became subject to the provisions of resolutions 1267 (1999), 1333 (2000), or 1390 (2002),
provided that any such interest, other earnings and payments continue to be subject to those provisions;
3. Decides that the Committee shall, in addition to the tasks set forth in paragraph 6 of resolution 1267 (1999) and paragraph 5 of resolution 1390 (2002):
a) maintain and regularly update a list of the States that have notified the Committee of their intent to apply the provisions of paragraph 1 (a) above in their implementation of the relevant resolutions and as to which there was no negative decision by the Committee; and
b) consider and approve, if appropriate, requests for extraordinary expenses as provided for in paragraph 1 (b) above;
4. Decides that the exception provided for in paragraph 4 (b) of resolution 1267 (1999) will cease to have effect from the date of adoption of this resolution;
5. Urges Member States to take full account of the considerations set out above in their implementation of resolution 1373 (2001);
6. Decides to remain seized of the matter.
Op 30 januari 2004 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 4908e zitting Resolutie 1526 (2004) inzake dreigingen voor internationale vrede en veiligheid veroorzaakt door terroristische daden aangenomen. De Engelse tekst van de resolutie luidt:
The Security Council,
Recalling its resolutions 1267 (1999) of 15 October 1999, 1333 (2000) of 19 December 2000, 1363 (2001) of 30 July 2001, 1373 (2001) of 28 September 2001, 1390 (2002) of 16 January 2002, 1452 (2002) of 20 December 2002, and 1455 (2003) of 17 January 2003,
Underlining the obligation placed upon all Member States to implement, in full, resolution 1373 (2001), including with regard to any member of the Taliban and the Al-Qaida organization, and any individuals, groups, undertakings and entities associated with the Taliban and the Al-Qaida organization, who have participated in the financing, planning, facilitating and preparation or perpetration of terrorist acts or in supporting terrorist acts, as well as to facilitate the implementation of counter-terrorism obligations in accordance with relevant Security Council resolutions,
Reaffirming the need to combat by all means, in accordance with the Charter of the United Nations and international law, threats to international peace and security caused by terrorist acts,
Noting that, in giving effect to the measures in paragraph 4 (b) of resolution 1267 (1999), paragraph 8 (c) of resolution 1333 (2000) and paragraphs 1 and 2 of resolution 1390 (2002), full account is to be taken of the provisions of paragraphs 1 and 2 of resolution 1452 (2002),
Reiterating its condemnation of the Al-Qaida network and other associated terrorist groups for ongoing and multiple criminal terrorist acts, aimed at causing the deaths of innocent civilians, and other victims, and the destruction of property, and greatly undermining stability,
Reiterating its unequivocal condemnation of all forms of terrorism and terrorist acts,
Stressing to all States, international bodies, and regional organizations, the importance of ensuring that resources are committed, including through international partnership, to meet the ongoing threat the Al-Qaida organization and members of the Taliban, and any individuals, groups, undertakings and entities associated with them, represent to international peace and security,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides to improve, as set out in the following paragraphs of this resolution, the implementation of the measures imposed by paragraph 4 (b) of resolution 1267 (1999), paragraph 8 (c) of resolution 1333 (2000), and paragraphs 1 and 2 of resolution 1390 (2002) with respect to Usama bin Laden, members of the Al-Qaida organization and the Taliban and other individuals, groups, undertakings and entities associated with them, as referred to in the list created pursuant to resolutions 1267 (1999) and 1333 (2000) (the “Committee list”), namely to:
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 any persons within their territory;
b) Prevent the entry into or the 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;
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;
and recalls that all States shall implement the measures with respect to listed individuals and entities;
2. Decides to strengthen the mandate of the Committee established pursuant to resolution 1267 (1999) (“the Committee”) to include, in addition to the oversight of States’ implementation of the measures referred to in paragraph 1 above, a central role in assessing information for the Council’s review regarding effective implementation of the measures, as well as in recommending improvements to the measures;
3. Decides that the measures referred to in paragraph 1 above will be further improved in 18 months, or sooner if necessary;
4. Calls upon States to move vigorously and decisively to cut the flows of funds and other financial assets and economic resources to individuals and entities associated with the Al-Qaida organization, Usama bin Laden and/or the Taliban, taking into account, as appropriate, international codes and standards for combating the financing of terrorism, including those designed to prevent the abuse of non-profit organizations and informal/alternative remittance systems;
5. Urges all States and encourages regional organizations, as appropriate, to establish internal reporting requirements and procedures on the trans-border movement of currency based on applicable thresholds;
6. Decides, in order to assist the Committee in the fulfilment of its mandate, to establish for a period of 18 months a New York-based Analytical Support and Sanctions Monitoring Team (hereinafter referred to as “the Monitoring Team”) under the direction of the Committee with the responsibilities enumerated in the Annex to this resolution;
7. Requests the Secretary-General, upon adoption of this resolution and acting in close consultation with the Committee, to appoint, consistent with United Nations rules and procedures, no more than eight members, including a coordinator, of the Monitoring Team, who demonstrate one or more of the following areas of expertise related to activities of the Al-Qaida organization and/or the Taliban, including: counter-terrorism and related legislation; financing of terrorism and international financial transactions, including technical banking expertise; alternative remittance systems, charities, and use of couriers; border enforcement, including port security; arms embargoes and export controls; and drug trafficking;
8. Further requests the Monitoring Team to submit, in writing, three comprehensive, independent reports to the Committee, the first by 31 July 2004, the second by 15 December 2004, and the third by 30 June 2005, on implementation by States of the measures referred to in paragraph 1 above, including concrete recommendations for improved implementation of the measures and possible new measures;
9. Requests the Secretary-General to provide cost-effective support, as needed by the Committee, in light of the increased workload entailed by this resolution;
10. Requests the Committee to consider, where and when appropriate, visits to selected countries by the Chairman 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 1267 (1999), 1333 (2000), 1390 (2002), and 1455 (2003);
11. Further requests the Committee to follow up via oral and/or written communications with States regarding effective implementation of the sanctions measures and to provide States with an opportunity, at the Committee’s request, to send representatives to meet with the Committee for more in-depth discussion of relevant issues;
12. Requests the Committee, through its Chairman, to report orally at least every 120 days to the Council in detail on the overall work of the Committee and the Team, including a summary of States’ progress in submitting the reports referred to in paragraph 6 of resolution 1455 (2003) and any follow-up communications with States regarding additional requests for information and assistance;
13. Further requests the Committee, based on its ongoing oversight of States’ implementation of the measures referred to in paragraph 1 above, to prepare and then to circulate within 17 months after the adoption of this resolution a written analytical assessment to the Council on implementation of the measures, including States’ successes and challenges in implementing them, with a view to recommending further measures for the Council’s consideration;
14. Requests all States, and encourages regional organizations, relevant United Nations bodies, and, as appropriate, other organizations and interested parties to cooperate fully with the Committee and the Monitoring Team, including supplying such information as may be sought by the Committee pursuant to this resolution and resolutions 1267 (1999), 1333 (2000), 1390 (2002), 1452 (2002) and 1455 (2003), to the extent possible;
15. Reiterates the need for close coordination and concrete exchange of information between the Committee and the Committee established pursuant to resolution 1373 (the “Counter-Terrorism Committee”);
16. Reiterates to all States the importance of proposing to the Committee the names of members of the Al-Qaida organization and the Taliban or associated with Usama bin Laden and other individuals, groups, undertakings and entities associated with them for inclusion in the Committee’s list, unless to do so would compromise investigations or enforcement actions;
17. Calls upon all States, when submitting new names to the Committee’s list, to include identifying information and background information, to the greatest extent possible, that demonstrates the individual(s)’ and/or entity(ies)’ association with Usama bin Laden or with members of the Al-Qaida organization and/or the Taliban, in line with the Committee’s guidelines;
18. Strongly encourages all States to inform, to the extent possible, individuals and entities included in the Committee’s list of the measures imposed on them, and of the Committee’s guidelines and resolution 1452 (2002);
19. Requests the Secretariat to communicate to Member States the Committee’s list at least every three months to facilitate States’ implementation of the measures on entry and travel imposed by paragraph 2 (b) of resolution 1390 (2002), and, further requests, that the Committee’s list, whenever amended, be automatically conveyed by the Secretariat to all States, regional and subregional organizations for inclusion, to the extent possible, of listed names in their respective electronic databases and relevant border enforcement and entry/exit tracking systems;
20. Reiterates the urgency for all States to comply with their existing obligations to implement the measures referred to in paragraph 1 above and to ensure that their domestic legislative enactments or administrative measures, as appropriate, permit the immediate implementation of those measures with respect to their nationals and other individuals or entities located or operating in their territory, and with respect to funds, other financial assets and economic resources over which they have jurisdiction, and to inform the Committee of the adoption of such measures, and invites States to report the results of all related investigations and enforcement actions to the Committee, unless to do so would compromise the investigation or enforcement actions;
21. Requests that the Committee seek from States, as appropriate, status reports on the implementation of the measures referred to in paragraph 1 above concerning listed individuals and entities, specifically with respect to the aggregate amounts of the listed individuals’ and entities’ frozen assets;
22. Requests all States that have not yet done so to submit to the Committee by 31 March 2004 the updated reports called for under paragraph 6 of resolution 1455 (2003), following as closely as possible the guidance document previously provided by the Committee; and further requests that all States that have not submitted these reports to explain in writing to the Committee by 31 March 2004 their reasons for non-reporting;
23. Requests the Committee to circulate to the Council a list of those States that have not submitted by 31 March 2004 reports pursuant to paragraph 6 of resolution 1455 (2003), including an analytical summary of the reasons put forward by States for non-reporting;
24. Urges all States and encourages relevant international, regional and subregional organizations to become more directly involved in capacity-building efforts and to offer technical assistance in areas identified by the Committee, in consultation with the Counter-Terrorism Committee;
25. Decides to remain actively seized of the matter.
In accordance with paragraph 6 of this resolution, the Analytical Support and Sanctions Monitoring Team shall operate under the direction of the Committee established pursuant to resolution 1267 (1999) and shall have the following responsibilities:
– To collate, assess, monitor and report on and make recommendations regarding implementation of the measures; to pursue case studies, as appropriate; and to explore in depth any other relevant issues as directed by the Committee;
– To submit a comprehensive programme of work to the Committee for its approval and review, as necessary, in which the Monitoring Team should detail the activities envisaged in order to fulfil its responsibilities, including proposed travel;
– To analyse reports submitted pursuant to paragraph 6 of resolution 1455 (2003) and any subsequent written responses provided by States to the Committee;
– To work closely and share information with Counter-Terrorism Committee experts to identify areas of convergence and to help facilitate concrete coordination between the two Committees;
– To consult with States in advance of travel to selected States, based on its programme of work approved by the Committee;
– To consult with States, including through engaging in regular dialogue with representatives in New York and in capitals, taking into account comments from States, especially regarding any issues that might be contained in the Monitoring Team’s reports referred to in paragraph 8 of this resolution;
– 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 on its visits to States and its activities;
– To assist the Committee in preparing its oral and written assessments to the Council, in particular the analytical summaries referred to in paragraphs 12 and 13 of this resolution;
– Any other responsibility identified by the Committee.
Op 29 juli 2005 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 5244e zitting Resolutie 1617 (2005) inzake dreigingen voor internationale vrede en veiligheid veroorzaakt door terroristische daden aangenomen. De Engelse tekst van de resolutie luidt:
The Security Council,
Recalling its resolutions 1267 (1999) of 15 October 1999, 1333 (2000) of 19 December 2000, 1363 (2001) of 30 July 2001, 1373 (2001) of 28 September 2001, 1390 (2002) of 16 January 2002, 1452 (2002) of 20 December 2002, 1455 (2003) of 17 January 2003, 1526 (2004) of 30 January 2004 and 1566 (2004) of 8 October 2004, and the relevant statements of its President,
Reaffirming that terrorism in all its 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 and by whomsoever committed; and reiterating its unequivocal condemnation of Al-Qaida, Usama bin Laden, the Taliban – and associated individuals, groups, undertakings and entities – for ongoing and multiple criminal terrorist acts aimed at causing the death of innocent civilians and other victims, destruction of property and greatly undermining stability,
Expressing its concern over the use of various media, including the Internet, by Al-Qaida, Usama bin Laden, and the Taliban, and their associates, including for terrorist propaganda and inciting terrorist violence, and urging the working group established pursuant to resolution 1566 (2004) to consider these issues,
Reaffirming the need to combat by all means, in accordance with the Charter of the United Nations and international 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,
Emphasizing the obligation placed upon all Member States to implement, in full, resolution 1373 (2001), including with regard to the Taliban or Al-Qaida, and any individuals, groups, undertakings or entities associated with Al-Qaida, Usama bin Laden or the Taliban, who have participated in financing, planning, facilitating, recruiting for, preparing, perpetrating, or otherwise supporting terrorist activities or acts, as well as to facilitate the implementation of counter-terrorism obligations in accordance with relevant Security Council resolutions,
Stressing the importance of clarifying which individuals, groups, undertakings and entities are subject to listing in light of information regarding the changing nature of, and threat from, Al-Qaida, particularly as reported by the Analytical Support and Sanctions Monitoring Team (“Monitoring Team”),
Underscoring the importance of Member State designations pursuant to relevant resolutions and robust implementation of existing measures as a significant preventive measure in combating terrorist activity,
Noting that, in giving effect to the measures in paragraph 4 (b) of resolution 1267 (1999), paragraph 8 (c) of resolution 1333 (2000) and paragraphs 1 and 2 of resolution 1390 (2002), full account is to be taken of the provisions of paragraphs 1 and 2 of resolution 1452 (2002),
Welcoming the efforts of the International Civil Aviation Organization to prevent travel documents from being made available to terrorists and their associates,
Encouraging Member States to work in the framework of Interpol, in particular through the use of the Interpol database of stolen and lost travel documents, to reinforce the implementation of the measures against Al-Qaida, Usama bin Laden, and the Taliban, and their associates,
Expressing its concern over the possible use by Al-Qaida, Usama bin Laden, or the Taliban, and their associates of Man-Portable Air Defence Systems (MANPADS), commercially available explosives and chemical, biological, radiation or nuclear weapons and material, and encouraging Member States to consider possible action to reduce these threats,
Urging all States, international bodies, and regional organizations to allocate sufficient resources, including through international partnership, to meet the ongoing and direct threat posed by Al-Qaida, Usama bin Laden and the Taliban, and individuals, groups, undertakings and entities associated with them,
Stressing the importance of meeting the ongoing threat that Al-Qaida, Usama bin Laden and the Taliban, and individuals, groups, undertakings and entities associated with them represent to international peace and security,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that all States shall take the measures as previously imposed by paragraph 4 (b) of resolution 1267 (1999), paragraph 8 (c) of resolution 1333 (2000), and paragraphs 1 and 2 of resolution 1390 (2002) with respect to Al-Qaida, Usama bin Laden, and the Taliban and other individuals, groups, undertakings and entities associated with them, as referred to in the list created pursuant to resolutions 1267 (1999) and 1333 (2000) (the “Consolidated 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 any persons within their territory;
b) Prevent the entry into or the 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 established pursuant to resolution 1267 (1999) (“the Committee”) determines on a case-by-case basis only that entry or transit is justified;
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. Further decides that acts or activities indicating that an individual, group, undertaking, or entity is “associated with” Al-Qaida, Usama bin Laden or the Taliban include:
– 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;
– supplying, selling or transferring arms and related materiel to;
– recruiting for; or
– otherwise supporting acts or activities of;
Al-Qaida, Usama bin Laden or the Taliban, or any cell, affiliate, splinter group or derivative thereof;
3. Further decides that any undertaking or entity owned or controlled, directly or indirectly, by, or otherwise supporting, such an individual, group, undertaking or entity associated with Al-Qaida, Usama bin Laden or the Taliban shall be eligible for designation;
4. Decides that, when proposing names for the Consolidated List, States shall act in accordance with paragraph 17 of resolution 1526 (2004) and henceforth also shall provide to the Committee a statement of case describing the basis of the proposal; and further encourages States to identify any undertakings and entities owned or controlled, directly or indirectly, by the proposed subject;
5. Requests relevant States to inform, to the extent possible, and in writing where possible, individuals and entities included in the Consolidated List of the measures imposed on them, the Committee’s guidelines, and, in particular, the listing and delisting procedures and the provisions of resolution 1452 (2002);
6. Decides that the statement of case submitted by the designating State referred to in paragraph 4 above may be used by the Committee in responding to queries from Member States whose nationals, residents or entities have been included on the Consolidated List; decides also that the Committee may decide on a case-by-case basis to release the information to other parties, with the prior consent of the designating State, for example, for operational reasons or to aid the implementation of the measures; decides also that States may continue to provide additional information which shall be kept on a confidential basis within the Committee unless the submitting State agrees to the dissemination of such information;
7. Strongly urges all Member States to implement the comprehensive, international standards embodied in the Financial Action Task Force’s (FATF) Forty Recommendations on Money Laundering and the FATF Nine Special Recommendations on Terrorist Financing;
8. Requests the Secretary-General to take the necessary steps to increase cooperation between the United Nations and Interpol in order to provide the Committee with better tools to fulfil its mandate more effectively and to give Member States better tools to implement the measures referred to in paragraph 1 above;
9. Urges all Member States, in their implementation of the measures called for in paragraph 1 above, to ensure that stolen and lost passports and other travel documents are invalidated as soon as possible and share information on those documents with other Member States through the Interpol database;
10. Calls on all Member States to use the checklist contained in annex II of this resolution to report by 1 March 2006 to the Committee on specific actions that they have taken to implement the measures outlined in paragraph 1 above with regard to individuals and entities henceforth added to the Consolidated List, and thereafter at intervals to be determined by the Committee;
11. Directs the Committee to encourage the submission of names and additional identifying information from Member States for inclusion on the Consolidated List;
12. Calls upon the Committee, working in cooperation with the Committee established pursuant to resolution 1373 (the “Counter-Terrorism Committee” or “CTC”) to inform the Council of specific additional steps that States could take to implement the measures outlined in paragraph 1 above;
13. Reiterates the need for ongoing close cooperation and exchange of information among the Committee, the CTC, and the Committee established pursuant to resolution 1540 (2004), as well as their respective groups of experts, including enhanced information sharing, coordinated visits to countries, technical assistance, and other issues of relevance to all three committees;
14. Further reiterates the importance of having the Committee follow up via oral and/or written communications with Member States regarding effective implementation of the sanctions measures and provide Member States with an opportunity, at the Committee’s request, to send representatives to meet the Committee for more in-depth discussion of relevant issues;
15. Requests the Committee to consider, where and when appropriate, visits to selected countries by the Chairman 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 1267 (1999), 1333 (2000), 1390 (2002), 1455 (2003) and 1526 (2004);
16. Requests the Committee to report orally, through its Chairman, at least every 120 days to the Council on the overall work of the Committee and the Monitoring Team, and, as appropriate, in conjunction with the reports by the Chairmen of the CTC and the Committee established pursuant to resolution 1540 (2004), including briefings for all interested Member States;
17. Reminds the Committee of its responsibilities as outlined in paragraph 14 of resolution 1455 (2003) and paragraph 13 of resolution 1526 (2004), and calls upon the Committee to provide the Council no later than 31 July 2006 with an update of the written assessment referred to in paragraph 13 of resolution 1526 (2004) of actions taken by Member States to implement the measures described in paragraph 1 above;
18. Requests that the Committee continue its work on the Committee’s guidelines, including on listing and delisting procedures, and implementation of resolution 1452 (2002) and requests the Chairman, in his periodic reports to the Council pursuant to paragraph 16 above, to provide progress reports on the Committee’s work on these issues;
19. Decides, in order to assist the Committee in the fulfilment of its mandate, to extend the mandate of the New York-based Monitoring Team for a period of 17 months, under the direction of the Committee with the responsibilities outlined in annex I;
20. Requests the Secretary-General, upon adoption of this resolution and acting in close consultation with the Committee, to appoint, consistent with United Nations rules and procedures, no more than eight members, including a coordinator, to the Monitoring Team, taking into account the areas of expertise referred to in paragraph 7 of resolution 1526 (2004);
21. Decides to review the measures described in paragraph 1 above with a view to their possible further strengthening in 17 months, or sooner if necessary;
22. Decides to remain actively seized of the matter.
In accordance with paragraph 19 of this resolution, the Monitoring Team shall operate under the direction of the Committee established pursuant to resolution 1267 (1999) and shall have the following responsibilities:
a) To collate, assess, monitor and report on and make recommendations regarding implementation of the measures, to pursue case studies, as appropriate; and to explore in depth any other relevant issues as directed by the Committee;
b) To submit a comprehensive programme of work to the Committee for its approval and review, 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 the CTC’s Counter-Terrorism Executive Directorate to avoid duplication and reinforce synergies;
c) To submit, in writing, three comprehensive, independent reports to the Committee, the first by 31 January 2006, the second by 31 July 2006, and the third by 10 December 2006, on implementation by 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, as well as reporting on listing, de-listing, and exemptions pursuant to resolution 1452 (2003);
d) To analyse reports submitted pursuant to paragraph 6 of resolution 1455 (2003), the checklists submitted pursuant to paragraph 10 of this resolution, and other information submitted by Member States to the Committee as instructed by the Committee;
e) To work closely and share information with the CTC’s Counter-Terrorism Executive Directorate and the 1540 Committee’s group of experts to identify areas of convergence and to help facilitate concrete coordination among the three Committees;
f) To develop a plan to assist the Committee with addressing non-compliance with the measures referred to in paragraph 1 of this resolution;
g) 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 Consolidated List;
h) To consult with Member States in advance of travel to selected Member States, based on its programme of work as approved by the Committee;
i) To encourage Member States to submit names and additional identifying information for inclusion on the Consolidated List, as instructed by the Committee;
j) To study and report to the Committee on the changing nature of the threat of Al-Qaida and the Taliban and the best measures to confront it;
k) To consult with Member States, including regular dialogue with representatives in New York and in capitals, taking into account comments from Member States, especially regarding any issues that might be contained in the Monitoring Team’s reports referred to in paragraph (c) of this annex;
l) 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;
m) To assist the Committee in preparing oral and written assessments to the Council, in particular the analytical summaries referred to in paragraphs 17 and 18 of this resolution;
n) Any other responsibility identified by the Committee.
Please provide to the United Nations 1267 (Al-Qaida/Taliban Sanctions) Committee by XXX date information on the following individuals, groups, undertakings, and entities added in the last six months to the Committee’s Consolidated List of those subject to the sanctions described in Security Council Resolution 1267 (1999) and successor resolutions.
This information is provided by the Government of _______________on XXX date.
YES |
NO |
|||
1. |
Mr. Doe (Number ____ on Consolidated List) |
|||
A. |
Name added to visa lookout list? |
|||
B. |
Any visas denied? |
|||
C. |
Financial institutions notified? |
|||
D. |
Any assets frozen? |
|||
E. |
Arms embargo ban implemented? |
|||
F. |
Any attempts to purchase arms? |
|||
Additional information, if available: |
||||
YES |
NO |
|||
2. |
The Doe Corp. (Number ____ on Consolidated List) |
|||
A. |
Financial institutions notified? |
|||
B. |
Any assets frozen? |
|||
C. |
Arms embargo ban implemented? |
|||
D. |
Any attempts to purchase arms? |
|||
Additional information, if available: |
||||
Op 24 september 2014 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 7272e zitting Resolutie 2178 (2014) inzake dreigingen voor internationale vrede en veiligheid veroorzaakt door terroristische daden aangenomen. De Engelse tekst van de resolutie luidt:
The Security Council,
Reaffirming that terrorism in all forms and manifestations constitutes one of the most serious threats to international peace and security and that any acts of terrorism are criminal and unjustifiable regardless of their motivations, whenever and by whomsoever committed, and remaining determined to contribute further to enhancing the effectiveness of the overall effort to fight this scourge on a global level,
Noting with concern that the terrorism threat has become more diffuse, with an increase, in various regions of the world, of terrorist acts including those motivated by intolerance or extremism, and expressing its determination to combat this threat,
Bearing in mind the need to address the conditions conducive to the spread of terrorism, and affirming Member States’ determination to continue to do all they can to resolve conflict and to deny terrorist groups the ability to put down roots and establish safe havens to address better the growing threat posed by terrorism,
Emphasizing that terrorism cannot and should not be associated with any religion, nationality or civilization,
Recognizing that international cooperation and any measures taken by Member States to prevent and combat terrorism must comply fully with the Charter of the United Nations,
Reaffirming its respect for the sovereignty, territorial integrity and political independence of all States in accordance with the Charter,
Reaffirming that Member States must ensure that any measures taken to counter terrorism comply with all their obligations under international law, in particular international human rights law, international refugee law, and international humanitarian law, underscoring that respect for human rights, fundamental freedoms and the rule of law are complementary and mutually reinforcing with effective counter-terrorism measures, and are an essential part of a successful counter-terrorism effort and notes the importance of respect for the rule of law so as to effectively prevent and combat terrorism, and noting that failure to comply with these and other international obligations, including under the Charter of the United Nations, is one of the factors contributing to increased radicalization and fosters a sense of impunity,
Expressing grave concern over the acute and growing threat posed by foreign terrorist fighters, namely individuals who 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, including in connection with armed conflict, and resolving to address this threat,
Expressing grave concern about those who attempt to travel to become foreign terrorist fighters,
Concerned that foreign terrorist fighters increase the intensity, duration and intractability of conflicts, and also may pose a serious threat to their States of origin, the States they transit and the States to which they travel, as well as States neighbouring zones of armed conflict in which foreign terrorist fighters are active and that are affected by serious security burdens, and noting that the threat of foreign terrorist fighters may affect all regions and Member States, even those far from conflict zones, and expressing grave concern that foreign terrorist fighters are using their extremist ideology to promote terrorism,
Expressing concern that international networks have been established by terrorists and terrorist entities among States of origin, transit and destination through which foreign terrorist fighters and the resources to support them have been channelled back and forth,
Expressing particular concern that foreign terrorist fighters are being recruited by and are joining entities such as the Islamic State in Iraq and the Levant (ISIL), the Al-Nusrah Front (ANF) and other cells, affiliates, splinter groups or derivatives of Al-Qaida, as designated by the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011), recognizing that the foreign terrorist fighter threat includes, among others, individuals supporting acts or activities of Al-Qaida and its cells, affiliates, splinter groups, and derivative entities, including by recruiting for or otherwise supporting acts or activities of such entities, and stressing the urgent need to address this particular threat,
Recognizing that addressing the threat posed by foreign terrorist fighters requires comprehensively addressing underlying factors, including by preventing radicalization to terrorism, stemming recruitment, inhibiting foreign terrorist fighter travel, disrupting financial support to foreign terrorist fighters, countering violent extremism, which can be conducive to terrorism, countering incitement to terrorist acts motivated by extremism or intolerance, promoting political and religious tolerance, economic development and social cohesion and inclusiveness, ending and resolving armed conflicts, and facilitating reintegration and rehabilitation,
Recognizing also that terrorism will not be defeated by military force, law enforcement measures, and intelligence operations alone, and underlining the need to address the conditions conducive to the spread of terrorism, as outlined in Pillar I of the United Nations Global Counter-Terrorism Strategy (A/RES/60/288),
Expressing concern over the increased use by terrorists and their supporters of communications technology for the purpose of radicalizing to terrorism, recruiting and inciting others to commit terrorist acts, including through the internet, and financing and facilitating the travel and subsequent activities of foreign terrorist fighters, and underlining the need for Member States to act cooperatively to prevent terrorists from exploiting technology, communications and resources to incite support for terrorist acts, while respecting human rights and fundamental freedoms and in compliance with other obligations under international law,
Noting with appreciation the activities undertaken in the area of capacity building by United Nations entities, in particular entities of the Counter-Terrorism Implementation Task Force (CTITF), including the United Nations Office of Drugs and Crime (UNODC) and the United Nations Centre for Counter-Terrorism (UNCCT), and also the efforts of the Counter Terrorism Committee Executive Directorate (CTED) to facilitate technical assistance, specifically by promoting engagement between providers of capacity-building assistance and recipients, in coordination with other relevant international, regional and subregional organizations, to assist Member States, upon their request, in implementation of the United Nations Global Counter-Terrorism Strategy,
Noting recent developments and initiatives at the international, regional and subregional levels to prevent and suppress international terrorism, and noting the work of the Global Counterterrorism Forum (GCTF), in particular its recent adoption of a comprehensive set of good practices to address the foreign terrorist fighter phenomenon, and its publication of several other framework documents and good practices, including in the areas of countering violent extremism, criminal justice, prisons, kidnapping for ransom, providing support to victims of terrorism, and community-oriented policing, to assist interested States with the practical implementation of the United Nations counter-terrorism legal and policy framework and to complement the work of the relevant United Nations counter-terrorism entities in these areas,
Noting with appreciation the efforts of INTERPOL to address the threat posed by foreign terrorist fighters, including through global law enforcement information sharing enabled by the use of its secure communications network, databases, and system of advisory notices, procedures to track stolen, forged identity papers and travel documents, and INTERPOL’s counter-terrorism fora and foreign terrorist fighter programme,
Having regard to and highlighting the situation of individuals of more than one nationality who travel to their states of nationality for the purpose of the perpetration, planning, preparation of, or participation in, terrorist acts or the providing or receiving of terrorist training, and urging States to take action, as appropriate, in compliance with their obligations under their domestic law and international law, including international human rights law,
Calling upon States to ensure, in conformity with international law, in particular international human rights law and international refugee law, that refugee status is not abused by the perpetrators, organizers or facilitators of terrorist acts, including by foreign terrorist fighters,
Reaffirming its call upon all States to become party to the international counter-terrorism conventions and protocols as soon as possible, whether or not they are a party to regional conventions on the matter, and to fully implement their obligations under those to which they are a party,
Noting the continued threat to international peace and security posed by terrorism, and affirming the need to combat by all means, in accordance with the Charter of the United Nations, threats to international peace and security caused by terrorist acts, including those perpetrated by foreign terrorist fighters,
Acting under Chapter VII of the Charter of the United Nations,
1. Condemns the violent extremism, which can be conducive to terrorism, sectarian violence, and the commission of terrorist acts by foreign terrorist fighters, and demands that all foreign terrorist fighters disarm and cease all terrorist acts and participation in armed conflict;
2. Reaffirms that all States shall prevent the movement of terrorists or terrorist groups by effective border controls and controls on issuance of identity papers and travel documents, and through measures for preventing counterfeiting, forgery or fraudulent use of identity papers and travel documents, underscores, in this regard, the importance of addressing, in accordance with their relevant international obligations, the threat posed by foreign terrorist fighters, and encourages Member States to employ evidence-based traveller risk assessment and screening procedures including collection and analysis of travel data, without resorting to profiling based on stereotypes founded on grounds of discrimination prohibited by international law;
3. Urges Member States, in accordance with domestic and international law, to intensify and accelerate the exchange of operational information regarding actions or movements of terrorists or terrorist networks, including foreign terrorist fighters, especially with their States of residence or nationality, through bilateral or multilateral mechanisms, in particular the United Nations;
4. Calls upon all Member States, in accordance with their obligations under international law, to cooperate in efforts to address the threat posed by foreign terrorist fighters, including by preventing the radicalization to terrorism and recruitment of foreign terrorist fighters, including children, preventing foreign terrorist fighters from crossing their borders, disrupting and preventing financial support to foreign terrorist fighters, and developing and implementing prosecution, rehabilitation and reintegration strategies for returning foreign terrorist fighters;
5. Decides 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 individuals who 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 the financing of their travel and of their activities;
6. Recalls its decision, in resolution 1373 (2001), that all Member States shall ensure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice, and decides that all States shall ensure that their domestic laws and regulations establish serious criminal offenses sufficient to provide the ability to prosecute and to penalize in a manner duly reflecting the seriousness of the offense:
a) their nationals who travel or attempt to travel to a State other than their States of residence or nationality, and other individuals who travel or attempt to travel from their territories 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;
b) the wilful provision or collection, by any means, directly or indirectly, of funds by their nationals or in their territories with the intention that the funds should be used, or in the knowledge that they are to be used, in order to finance the travel of individuals who 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,
c) the wilful organization, or other facilitation, including acts of recruitment, by their nationals or in their territories, of the travel of individuals who 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;
7. Expresses its strong determination to consider listing pursuant to resolution 2161 (2014) individuals, groups, undertakings and entities associated with Al-Qaida who are financing, arming, planning, or recruiting for them, or otherwise supporting their acts or activities, including through information and communications technologies, such as the internet, social media, or any other means;
8. Decides that, without prejudice to entry or transit necessary in the furtherance of a judicial process, including in furtherance of such a process related to arrest or detention of a foreign terrorist fighter, Member States shall 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 acts described in paragraph 6, including any acts or activities indicating that an individual, group, undertaking or entity is associated with Al-Qaida, as set out in paragraph 2 of resolution 2161 (2014), provided that nothing in this paragraph shall oblige any State to deny entry or require the departure from its territories of its own nationals or permanent residents;
9. Calls upon Member States to require that airlines operating in their territories provide advance passenger information to the appropriate national authorities in order to detect the departure from their territories, or attempted entry into or transit through their territories, by means of civil aircraft, of individuals designated by the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) (“the Committee”), and further calls upon Member States to report any such departure from their territories, or such attempted entry into or transit through their territories, of such individuals to the Committee, as well as sharing this information with the State of residence or nationality, as appropriate and in accordance with domestic law and international obligations;
10. Stresses the urgent need to implement fully and immediately this resolution with respect to foreign terrorist fighters, underscores the particular and urgent need to implement this resolution with respect to those foreign terrorist fighters who are associated with ISIL, ANF and other cells, affiliates, splinter groups or derivatives of Al-Qaida, as designated by the Committee, and expresses its readiness to consider designating, under resolution 2161 (2014), individuals associated with Al-Qaida who commit the acts specified in paragraph 6 above;
International Cooperation
11. Calls upon Member States to improve international, regional, and subregional cooperation, if appropriate through bilateral agreements, to prevent the travel of foreign terrorist fighters from or through their territories, including through increased sharing of information for the purpose of identifying foreign terrorist fighters, the sharing and adoption of best practices, and improved understanding of the patterns of travel by foreign terrorist fighters, and for Member States to act cooperatively when taking national measures to prevent terrorists from exploiting technology, communications and resources to incite support for terrorist acts, while respecting human rights and fundamental freedoms and in compliance with other obligations under international law;
12. 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 proceedings relating to the financing or support of terrorist acts, including assistance in obtaining evidence in their possession necessary for the proceedings, and underlines the importance of fulfilling this obligation with respect to such investigations or proceedings involving foreign terrorist fighters;
13. Encourages Interpol to intensify its efforts with respect to the foreign terrorist fighter threat and to recommend or put in place additional resources to support and encourage national, regional and international measures to monitor and prevent the transit of foreign terrorist fighters, such as expanding the use of INTERPOL Special Notices to include foreign terrorist fighters;
14. Calls upon States to help build the capacity of States to address the threat posed by foreign terrorist fighters, including to prevent and interdict foreign terrorist fighter travel across land and maritime borders, in particular the States neighbouring zones of armed conflict where there are foreign terrorist fighters, and welcomes and encourages bilateral assistance by Member States to help build such national capacity;
Countering Violent Extremism in Order to Prevent Terrorism
15. Underscores that countering violent extremism, which can be conducive to terrorism, including preventing radicalization, recruitment, and mobilization of individuals into terrorist groups and becoming foreign terrorist fighters is an essential element of addressing the threat to international peace and security posed by foreign terrorist fighters, and calls upon Member States to enhance efforts to counter this kind of violent extremism;
16. Encourages Member States to engage relevant local communities and non-governmental actors in developing strategies to counter the violent extremist narrative that can incite terrorist acts, address the conditions conducive to the spread of violent extremism, which can be conducive to terrorism, including by empowering youth, families, women, religious, cultural and education leaders, and all other concerned groups of civil society and adopt tailored approaches to countering recruitment to this kind of violent extremism and promoting social inclusion and cohesion;
17. Recalls its decision in paragraph 14 of resolution 2161 (2014) with respect to improvised explosive devices (IEDs) and individuals, groups, undertakings and entities associated with Al-Qaida, and urges Member States, in this context, to act cooperatively when taking national measures to prevent terrorists from exploiting technology, communications and resources, including audio and video, to incite support for terrorist acts, while respecting human rights and fundamental freedoms and in compliance with other obligations under international law;
18. Calls upon Member States to cooperate and consistently support each other’s efforts to counter violent extremism, which can be conducive to terrorism, including through capacity building, coordination of plans and efforts, and sharing lessons learned;
19. Emphasizes in this regard the importance of Member States’ efforts to develop non-violent alternative avenues for conflict prevention and resolution by affected individuals and local communities to decrease the risk of radicalization to terrorism, and of efforts to promote peaceful alternatives to violent narratives espoused by foreign terrorist fighters, and underscores the role education can play in countering terrorist narratives;
United Nations Engagement on the Foreign Terrorist Fighter Threat
20. Notes that foreign terrorist fighters and those who finance or otherwise facilitate their travel and subsequent activities may be eligible for inclusion on the Al-Qaida Sanctions List maintained by the Committee pursuant to resolutions 1267 (1999) and 1989 (2011) where they participate 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, Al-Qaida, supplying, selling or transferring arms and related materiel to, or recruiting for, or otherwise supporting acts or activities of Al-Qaida or any cell, affiliate, splinter group or derivative thereof, and calls upon States to propose such foreign terrorist fighters and those who facilitate or finance their travel and subsequent activities for possible designation;
21. Directs the Committee established pursuant to resolution 1267 (1999) and 1989 (2011) and the Analytical Support and Sanctions Monitoring Team, in close cooperation with all relevant United Nations counter-terrorism bodies, in particular CTED, to devote special focus to the threat posed by foreign terrorist fighters recruited by or joining ISIL, ANF and all groups, undertakings and entities associated with Al-Qaida;
22. Encourages the Analytical Support and Sanctions Monitoring Team to coordinate its efforts to monitor and respond to the threat posed by foreign terrorist fighters with other United Nations counter-terrorism bodies, in particular the CTITF;
23. Requests the Analytical Support and Sanctions Monitoring Team, in close cooperation with other United Nations counter-terrorism bodies, to report to the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) within 180 days, and provide a preliminary oral update to the Committee within 60 days, on the threat posed by foreign terrorist fighters recruited by or joining ISIL, ANF and all groups, undertakings and entities associated with Al-Qaida, including:
a) a comprehensive assessment of the threat posed by these foreign terrorist fighters, including their facilitators, the most affected regions and trends in radicalization to terrorism, facilitation, recruitment, demographics, and financing; and
b) recommendations for actions that can be taken to enhance the response to the threat posed by these foreign terrorist fighters;
24. Requests the Counter-Terrorism Committee, within its existing mandate and with the support of CTED, to identify principal gaps in Member States’ capacities to implement Security Council resolutions 1373 (2001) and 1624 (2005) that may hinder States’ abilities to stem the flow of foreign terrorist fighters, as well as to identify good practices to stem the flow of foreign terrorist fighters in the implementation of resolutions 1373 (2001) and 1624 (2005), and to facilitate technical assistance, specifically by promoting engagement between providers of capacity-building assistance and recipients, especially those in the most affected regions, including through the development, upon their request, of comprehensive counter-terrorism strategies that encompass countering violent radicalization and the flow of foreign terrorist fighters, recalling the roles of other relevant actors, for example the Global Counterterrorism Forum;
25. Underlines that the increasing threat posed by foreign terrorist fighters is part of the emerging issues, trends and developments related to resolutions 1373 (2001) and 1624 (2005), that, in paragraph 5 of resolution 2129 (2013), the Security Council directed CTED to identify, and therefore merits close attention by the Counter-Terrorism Committee, consistent with its mandate;
26. Requests the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) and the Counter-Terrorism Committee to update the Security Council on their respective efforts pursuant to this resolution;
27. Decides to remain seized of the matter.
Op 21 december 2017 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 8148e zitting Resolutie 2396 (2017) inzake dreigingen voor internationale vrede en veiligheid veroorzaakt door terroristische daden aangenomen. De Engelse tekst van de resolutie luidt:
The Security Council,
Reaffirming its resolutions 1267 (1999), 1325 (2000), 1368 (2001), 1373 (2001), 1566 (2004), 1624 (2005), 1894 (2009), 2106 (2013), 2133 (2014), 2150 (2014), 2170 (2014), 2178 (2014), 2195 (2014), 2199 (2015), 2242 (2015), 2249 (2015), 2253 (2015), 2309 (2016), 2322 (2016), 2331 (2016), 2341 (2017), 2347 (2017), 2354 (2017), 2367 (2017), 2368 (2017), 2370 (2017), 2379 (2017) and its relevant presidential statements,
Reaffirming that terrorism in all forms and manifestations constitutes one of the most serious threats to international peace and security and that any acts of terrorism are criminal and unjustifiable regardless of their motivations, whenever, wherever and by whomsoever committed, and remaining determined to contribute further to enhancing the effectiveness of the overall effort to fight this scourge on a global level,
Reaffirming 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,
Emphasizing that terrorism and violent extremism conducive to terrorism cannot and should not be associated with any religion, nationality, or civilization,
Reaffirming its commitment to sovereignty, territorial integrity and political independence of all States in accordance with the Charter of the United Nations,
Stressing that Member States have the primary responsibility in countering terrorist acts and violent extremism conducive to terrorism,
Reaffirming that Member States must ensure that any measures taken to counter terrorism comply with all their obligations under international law, in particular international human rights law, international refugee law, and international humanitarian law, underscoring that respect for human rights, fundamental freedoms and the rule of law are complementary and mutually reinforcing with effective counter-terrorism measures, and are an essential part of a successful counter-terrorism effort and notes the importance of respect for the rule of law so as to effectively prevent and combat terrorism, and noting that failure to comply with these and other international obligations, including under the Charter of the United Nations, is one of the factors contributing to increased radicalization to violence and fosters a sense of impunity,
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,
Urging Member States and the United Nations system to take measures, pursuant to international law, to address all drivers of violent extremism conducive to terrorism, both internal and external, in a balanced manner as set out in the United Nations Global Counter-Terrorism Strategy,
Recalling Resolution 2178 and the definition of foreign terrorist fighters, and expressing grave concern over the acute and growing threat posed by foreign terrorist fighters returning or relocating, particularly from conflict zones, to their countries of origin or nationality, or to third countries,
Reaffirming its call on Member States to ensure, in conformity with international law, that refugee status is not abused by the perpetrators, organizers or facilitators of terrorist acts, and that claims of political motivation are not recognized as grounds for refusing requests for the extradition of alleged terrorists,
Expressing continued concern that international networks have been established and strengthened by terrorists and terrorist entities among states of origin, transit, and destination, through which foreign terrorist fighters and the resources to support them have been channelled back and forth,
Acknowledging that returning and relocating foreign terrorist fighters have attempted, organized, planned, or participated in attacks in their countries of origin or nationality, or third countries, including against “soft” targets, and that the Islamic State in Iraq and the Levant (ISIL) also known as Da’esh, in particular has called on its supporters and affiliates to carry out attacks wherever they are located,
Stressing the need for Member States to develop, review, or amend national risk and threat assessments to take into account “soft” targets in order to develop appropriate contingency and emergency response plans for terrorist attacks,
Expressing grave concern that foreign terrorist fighters who have joined entities such as (ISIL), the Al-Nusrah Front (ANF) and other cells, affiliates, splinter groups or derivatives of ISIL, Al-Qaida or other terrorist groups, may be seeking to return to their countries of origin or nationality, or to relocate to third countries, and recognizing that the threat of returning or relocating foreign terrorist fighters includes, among others, such individuals further supporting acts or activities of ISIL, Al-Qaida and their cells, affiliates, splinter groups, and derivative entities, including by recruiting for or otherwise providing continued support for such entities, and stressing the urgent need to address this particular threat,
Having regard to and highlighting the situation of individuals of more than one nationality who travel abroad for the purpose of the perpetration, planning, preparation of, or participation in, terrorist acts or the providing or receiving of terrorist training, and may seek to return to their state of origin or nationality, or to travel to a third state, and urging States to take action, as appropriate, in compliance with their obligations under their domestic law and international law, including international human rights law,
Underlining the importance of strengthening international cooperation to address the threat posed by foreign terrorist fighters, including on information sharing, border security, investigations, judicial processes, extradition, improving prevention and addressing conditions conducive to the spread of terrorism, preventing and countering incitement to commit terrorist acts, preventing radicalization to terrorism and recruitment of foreign terrorist fighters, disrupting, preventing financial support to foreign terrorist fighters, developing and implementing risks assessments on returning and relocating foreign terrorist fighters and their families, and prosecution, rehabilitation and reintegration efforts, consistent with applicable international law,
Recognizing, in this regard, that foreign terrorist fighters may be travelling with family members they brought with them to conflict zones, with families they have formed or family members who were born while in conflict zones, underscoring the need for Member States to assess and investigate these individuals for any potential involvement in criminal or terrorist activities, including by employing evidence-based risk assessments, and to take appropriate action in compliance with relevant domestic and international law, including by considering appropriate prosecution, rehabilitation, and reintegration measures, and noting that children may be especially vulnerable to radicalization to violence and in need of particular social support, such as post-trauma counselling, while stressing that children need to be treated in a manner that observes their rights and respects their dignity, in accordance with applicable international law,
Noting with concern that terrorists craft distorted narratives, which are utilized to polarize communities, recruit supporters and foreign terrorist fighters, mobilize resources and garner support from sympathizers, in particular by exploiting information and communications technologies, including through the Internet and social media,
Encouraging Member States to collaborate in the pursuit of effective counter-narrative strategies and initiatives, including those relating to foreign terrorist fighters and individuals radicalized to violence, in a manner compliant with their obligations under international law, including international human rights law, international refugee law and international humanitarian law,
Calling upon Member States to improve timely information sharing, through appropriate channels and arrangements, and consistent with international and domestic law, on foreign terrorist fighters, especially among law enforcement, intelligence, counterterrorism, and special services agencies, to aid in determining the risk foreign terrorist fighters pose, and preventing them from planning, directing, conducting, or recruiting for or inspiring others to commit terrorist attacks,
Recognizing that Member States face challenges in obtaining admissible evidence, including digital and physical evidence, from conflict zones that can be used to help prosecute and secure the conviction of foreign terrorist fighters and those supporting foreign terrorist fighters,
Welcoming the establishment of the UN Office on Counterterrorism (UNOCT), and encouraging continued cooperation on counterterrorism efforts between UNOCT, the Counter Terrorism Committee Executive Directorate (CTED), International Civil Aviation Organization (ICAO), and United Nations Office of Drugs and Crime (UNODC), and all other relevant UN bodies, and INTERPOL, on technical assistance and capacity building, in coordination with other relevant international, regional and subregional organizations, to assist Member States in implementing the Global Counter Terrorism Strategy,
Welcoming recent developments and initiatives at the international, regional and subregional levels to prevent and suppress international terrorism, including the UN Counter-terrorism Committee’s 2015 Madrid Guiding Principles, and noting the ongoing work of the Global Counterterrorism Forum (GCTF), in particular its 2016 adoption of the Hague-Marrakech Memorandum Addendum on Good Practices for a More Effective Response to the FTF Phenomenon with a focus on Returning FTFs and its comprehensive set of good practices to address the foreign terrorist fighter phenomenon, and its publication of several other framework documents and good practices, including in the areas of countering violent extremism conducive to terrorism, including online, criminal justice, prosecution, rehabilitation and reintegration, soft target protection, kidnapping for ransom, providing support to victims of terrorism, and community-oriented policing to assist interested States with the practical implementation of the United Nations counter-terrorism legal and policy framework and to complement the work of the relevant United Nations counter-terrorism entities in these areas,
Expressing concern that Foreign Terrorist Fighters may use civil aviation both as a means of transportation and as a target, and may use cargo both to target civil aviation and as a means of shipment of materiel, and noting in this regard that International Civil Aviation Organization (ICAO) Annex 9 and Annex 17 to the Convention on International Civil Aviation, done at Chicago on December 7, 1944 (the “Chicago Convention”), contain standards and recommended practices relevant to the detection and prevention of terrorist threats involving civil aviation, including cargo screening,
Welcoming, in this regard, ICAO’s decision to establish a standard under Annex 9 – Facilitation, regarding the use of Advance Passenger Information (API) systems by its Member States with effect from October 23, 2017, and recognizing that many ICAO Member States have yet to implement this standard,
Noting with concern that terrorists and terrorist groups continue to use the Internet for terrorist purposes, and stressing the need for Member States to act cooperatively when taking national measures to prevent terrorists from exploiting technology and communications for terrorist acts, as well as to continue voluntary cooperation with private sector and civil society to develop and implement more effective means to counter the use of the Internet for terrorist purposes, including by developing counter-terrorist narratives and through innovative technological solutions, all while respecting human rights and fundamental freedoms and in compliance with domestic and international law, and taking note of the industry led Global Internet Forum to Counter Terrorism (GIFCT) and calling for the GIFCT to continue to increase engagement with governments and technology companies globally,
Recognizing the development of the UN CTED-ICT4 Peace Tech Against Terrorism initiative and its efforts to foster collaboration with representatives from the technology industry, including smaller technology companies, civil society, academia, and government to disrupt terrorists’ ability to use the Internet in furtherance of terrorist purposes, while also respecting human rights and fundamental freedoms,
Noting with appreciation the efforts of INTERPOL, to address the threat posed by foreign terrorist fighters, including through global law enforcement information sharing enabled by the use of its secure communications network, databases, and system of advisory notices and procedures to track stolen, forged identity papers and travel documents, and INTERPOL’s counter-terrorism fora and foreign terrorist fighter programme,
Recognizing that relevant information, including information included in INTERPOL databases from Member States, should be shared among national agencies, such that law enforcement, judicial and border security officers can proactively and systematically use that information as a resource, where appropriate and necessary, for investigations, prosecutions and screening at points of entry,
Recognizing that a comprehensive approach to the threat posed by foreign terrorist fighters requires addressing the conditions conducive to the spread of terrorism, including by preventing radicalization to terrorism, stemming recruitment, disrupting financial support to terrorists, countering incitement to commit terrorist acts, and promoting political and religious tolerance, good governance, economic development, social cohesion and inclusiveness, ending and resolving armed conflicts, and facilitating investigation, prosecution, reintegration and rehabilitation,
Reaffirming its request in paragraph 2 of resolution 2379 (2017), to establish an investigative team, to be headed by a Special Adviser, to support domestic efforts to hold ISIL (Da’esh) accountable by collecting, preserving, and storing evidence in Iraq of acts that may amount to war crimes, crimes against humanity and genocide committed by the terrorist group ISIL (Daesh) in Iraq, and recalling its invitation in paragraph 29 of resolution 2388 to the Secretary-General to ensure that the work of the Investigative Team is informed by relevant anti-trafficking research and expertise and that its efforts to collect evidence on trafficking in persons offences are gender-sensitive, victim centred, trauma-informed, rights-based and not prejudicial to the safety and security of victims,
Acknowledging that prisons can serve as potential incubators for radicalization to terrorism and terrorist recruitment, and that proper assessment and monitoring of imprisoned foreign terrorist fighters is critical to mitigate opportunities for terrorists to attract new recruits, recognizing that prisons can also serve to rehabilitate and reintegrate prisoners, where appropriate, and also recognizing that Member States may need to continue to engage with offenders after release from prison to avoid recidivism, in accordance with relevant international law and taking into consideration, where appropriate, the United Nations Standard Minimum Rules for the Treatment of Prisoners, or “Nelson Mandela Rules”,
Noting that some member states may face technical assistance and capacity building challenges when implementing this resolution, and encouraging the provision of assistance from donor states to help address such gaps,
Encouraging relevant UN entities, including UNODC and UNOCT, to further enhance, in close consultation with the Counter-Terrorism Committee and CTED, the provision and delivery of technical assistance to States, upon request, to better support Member State efforts to implement this resolution,
Acting under Chapter VII of the Charter of the United Nations
1. Recalls its decision in resolution 2178 that all Member States shall establish serious criminal offenses regarding the travel, recruitment, and financing of foreign terrorist fighters, urges Member States to fully implement their obligations in this regard, including to ensure that their domestic laws and regulations establish serious criminal offenses sufficient to provide the ability to prosecute and to penalize in a manner duly reflecting the seriousness of the offense, and reiterates its call on Member States to cooperate and support each other’s efforts to counter violent extremism conducive to terrorism;
Border Security and Information Sharing
2. Calls upon Member States to prevent the movement of terrorists by effective national border controls and controls on issuance of identity papers and travel documents, and through measures for preventing counterfeiting, forgery or fraudulent use of identity papers and travel documents;
3. Calls upon Member States to notify, in a timely manner, upon travel, arrival, or deportation of captured or detained individuals whom they have reasonable grounds to believe are terrorists, including suspected foreign terrorist fighters, including, as appropriate, the source country, destination country, any transit countries, all countries where the travelers hold citizenship, and including any additional relevant information about the individuals, and further calls upon Member States to cooperate and respond expeditiously and appropriately, and consistent with applicable international law, and to share such information with INTERPOL, as appropriate;
4. Further calls upon Member States to assess and investigate individuals whom they have reasonable grounds to believe are terrorists, including suspected foreign terrorist fighters, and distinguish them from other individuals, including their accompanying family members who may not have been engaged in foreign terrorist fighter-related offenses, including by employing evidence-based risk assessments, screening procedures, and the collection and analysis of travel data, in accordance with domestic and international law, including international human rights and humanitarian law, as applicable, without resorting to profiling based on any discriminatory ground prohibited by international law;
5. Calls upon Member States, in accordance with domestic and international law, to intensify and accelerate the timely exchange of relevant operational information and financial intelligence regarding actions or movements, and patterns of movements, of terrorists or terrorist networks, including foreign terrorist fighters, including those who have travelled to the conflict zones or are suspected to have travelled to the conflict zones, and their families travelling back to their countries of origin or nationality, or to third countries, from conflict zones, especially the exchange of information with their countries of origin, residence or nationality, transit, as well as their destination country, through national, bilateral and multilateral mechanisms, such as INTERPOL;
6. Urges Member States to expeditiously exchange information, through bilateral or multilateral mechanisms and in accordance with domestic and international law, concerning the identity of foreign terrorist fighters, including, as appropriate, foreign terrorist fighters of more than one nationality with Member States whose nationality the foreign terrorist fighter holds, as well as to ensure consular access by those Member States to their own detained nationals, in accordance with applicable international and domestic law;
7. Calls upon Member States to take appropriate action, consistent with domestic law and applicable international law, including human rights law, to ensure that their domestic law enforcement, intelligence, counterterrorism, and military entities routinely have access to relevant information, as appropriate, about suspected terrorists, including foreign terrorist fighters;
8. Urges that Member States consider, where appropriate, downgrading for official use intelligence threat and related travel data related to foreign terrorist fighters and individual terrorists, to appropriately provide such information domestically to front-line screeners, such as immigration, customs and border security agencies, and to appropriately share such information with other concerned States and relevant international organizations in compliance with international and domestic national law and policy; and to share good practices in this regard;
9. Welcomes the approval by ICAO of the new Global Aviation Security Plan (GASeP) that provides the foundation for ICAO, Member States, the civil aviation industry, and other stakeholders to work together with the shared and common goal of enhancing aviation security worldwide and to achieve five key priority outcomes, namely to enhance risk awareness and response, to develop security culture and human capability, to improve technological resources and innovation, to improve oversight and quality assurance, and to increase cooperation and support, and calls for action at the global, regional, and national levels, as well as by industry and other stakeholders, in raising the level of effective implementation of global aviation security, urges ICAO, Member States, the civil aviation industry, and other relevant stakeholders to implement the GASeP and to fulfil the specific measures and tasks assigned to them in Appendix A to the GASeP, the Global Aviation Security Plan Roadmap, and encourages Member States to consider contributions to support ICAO’s work on aviation security;
10. Further welcomes the recognition in the GASeP of the importance of enhancing risk awareness and response, underlines the importance of a wider understanding of the threats and risks facing civil aviation, and calls upon all Member States to work within ICAO to ensure that its international security standards and recommended practices as set out in Annex 17 of the Chicago Convention and related to ICAO guidance material, are updated and reviewed, as appropriate, to effectively address the threat posed by terrorists targeting civil aviation;
11. Decides that, in furtherance of paragraph 9 of resolution 2178 and the standard established by ICAO that its Member States establish advance passenger information (API) systems as of October 23, 2017, that Member States shall require airlines operating in their territories to provide API to the appropriate national authorities, in accordance with domestic law and international obligations, in order to detect the departure from their territories, or attempted travel to, entry into or transit through their territories, by means of civil aircraft, of foreign terrorist fighters and individuals designated by the Committee established pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015), and further calls upon Member States to report any such departure from their territories, or such attempted entry into or transit through their territories, by sharing this information with the State of residence or nationality, or the countries of return, transit or relocation, and relevant international organizations as appropriate and in accordance with domestic law and international obligations, and to ensure API is analysed by all relevant authorities, with full respect for human rights and fundamental freedoms for the purpose of preventing, detecting, and investigating terrorist offenses and travel;
12. Decides that Member States shall develop the capability to collect, process and analyse, in furtherance of ICAO standards and recommended practices, passenger name record (PNR) data and to ensure PNR data is used by and shared with all their competent national authorities, with full respect for human rights and fundamental freedoms for the purpose of preventing, detecting and investigating terrorist offenses and related travel, further calls upon Member States, the UN, and other international, regional, and subregional entities to provide technical assistance, resources and capacity building to Member States in order to implement such capabilities, and, where appropriate, encourages Member States to share PNR data with relevant or concerned Member States to detect foreign terrorist fighters returning to their countries of origin or nationality, or traveling or relocating to a third country, with particular regard for all individuals designated by the Committee established pursuant to resolutions 1267 (1999), 1989 (2011), and 2253 (2015), and also urges ICAO to work with its Member States to establish a standard for the collection, use, processing and protection of PNR data;
13. Decides that Member States shall develop watch lists or databases of known and suspected terrorists, including foreign terrorist fighters, for use by law enforcement, border security, customs, military, and intelligence agencies to screen travelers and conduct risk assessments and investigations, in compliance with domestic and international law, including human rights law, and encourages Member States to share this information through bilateral and multilateral mechanisms, in compliance with domestic and international human rights law, and further encourages the facilitation of capacity building and technical assistance by Member States and other relevant Organizations to Member States as they seek to implement this obligation;
14. Encourages improved cooperation between ICAO and CTED, in coordination with other relevant UN entities, in identifying areas where Member States may need technical assistance and capacity-building to implement the obligations of this resolution related to PNR and API and watch lists, as well as implementation of the GaSEP;
15. Decides that Member States shall develop and implement systems to collect biometric data, which could include fingerprints, photographs, facial recognition, and other relevant identifying biometric data, in order to responsibly and properly identify terrorists, including foreign terrorist fighters, in compliance with domestic law and international human rights law, calls upon other Member States, international, regional, and subregional entities to provide technical assistance, resources, and capacity building to Member States in order to implement such systems and encourages Member States to share this data responsibly among relevant Member States, as appropriate, and with INTERPOL and other relevant international bodies;
16. Calls upon Member States to contribute to and make use of INTERPOL’s databases and ensure that Member States’ law enforcement, border security and customs agencies are connected to these databases through their National Central Bureaus, and make regular use of INTERPOL databases for use in screening travelers at air, land and sea ports of entry and to strengthen investigations and risk assessments of returning and relocating foreign terrorist fighters and their families, and further calls upon Member States to continue sharing information regarding all lost and stolen travel documents with INTERPOL, as appropriate and consistent with domestic law and applicable international law to enhance the operational effectiveness of INTERPOL databases and notices;
Judicial Measures and International Cooperation
17. Recalls its decision, in resolution 1373 (2001), that all Member States shall ensure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in support of terrorist acts is brought to justice, and further recalls its decision that all States shall ensure that their domestic laws and regulations establish serious criminal offenses sufficient to provide the ability to prosecute and to penalize the activities described in paragraph 6 of resolution 2178 in a manner duly reflecting the seriousness of the offense;
18. Urges Member States, in accordance with domestic and applicable international human rights law and international humanitarian law, to develop and implement appropriate investigative and prosecutorial strategies, regarding those suspected of the foreign terrorist fighter-related offenses described in paragraph 6 of resolution 2178 (2014);
19. Reaffirms that those responsible for committing or otherwise responsible for terrorist acts, and violations of international humanitarian law or violations or abuses of human rights in this context, must be held accountable;
20. Calls upon Member States, including through relevant Central Authorities, as well as UNODC and other relevant UN entities that support capacity building, to share best practices and technical expertise, informally and formally, with a view to improving the collection, handling, preservation and sharing of relevant information and evidence, in accordance with domestic law and the obligations Member States have undertaken under international law, including information obtained from the internet, or in conflict zones, in order to ensure foreign terrorist fighters who have committed crimes, including those returning and relocating to and from the conflict zone, may be prosecuted;
21. Encourages enhancing Member State cooperation with the private sector, in accordance with applicable law, especially with information communication technology companies, in gathering digital data and evidence in cases related to terrorism and foreign terrorist fighters;
22. Calls upon Member States to improve international, regional, and sub regional cooperation, if appropriate through multilateral and bilateral agreements, to prevent the undetected travel of foreign terrorist fighters from or through their territories, especially returning and relocating foreign terrorist fighters, including through increased sharing of information for the purpose of identifying foreign terrorist fighters, the sharing and adoption of best practices, and improved understanding of the patterns of travel by foreign terrorist fighters and their families, and for Member States to act cooperatively when taking national measures to prevent terrorists from exploiting technology, communications and resources to support terrorist acts, while respecting human rights and fundamental freedoms and consistent with their obligations under domestic and applicable international law;
23. 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 proceedings relating to the financing or support of terrorist acts, including assistance in obtaining evidence in their possession necessary for the proceedings, and further underscores that this includes physical and digital evidence, underlines the importance of fulfilling this obligation with respect to such investigations or proceedings involving foreign terrorist fighters, while respecting human rights and fundamental freedoms and consistent with obligations under domestic and applicable international law; and urges Member States to act 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 terrorists or terrorist groups;
24. Underscores the need for Member States to strengthen international judicial cooperation, as outlined in Resolution 2322 and in light of the evolving threat of foreign terrorist fighters, including, as appropriate, to use applicable international instruments to which they are parties as a basis for mutual legal assistance and, as appropriate, for extradition in terrorism cases, reiterates its call on Member States to consider strengthening the implementation of, and where appropriate, to review possibilities for enhancing the effectiveness of, their respective bilateral and multilateral treaties concerning extradition and Mutual Legal Assistance in criminal matters related to counterterrorism, and encourages Member States, in the absence of applicable conventions or provisions, to cooperate when possible on the basis of reciprocity or on a case by case basis, and reiterates its call upon Member States to consider the possibility of allowing, through appropriate laws and mechanisms, the transfer of criminal proceedings, as appropriate, in terrorism-related cases and recognizing the role of UNODC is providing technical assistance and expertise in this regard;
25. Calls upon Member States to help build the capacity of other Member States to address the threat posed by foreign terrorist fighter returnees and relocators and their accompanying family members, prioritizing those Member States most affected by the threat, including to prevent and monitor foreign terrorist fighter travel across land and maritime borders, and to help collect and preserve evidence admissible in judicial proceedings;
26. Calls upon Member States to improve domestic information sharing within their respective criminal justice systems in order to more effectively monitor returning and relocating foreign terrorist fighters and other individuals radicalized to violence or directed by ISIL or other terrorist groups to commit terrorist acts, in accordance with international law;
27. Calls upon Member States to establish or strengthen national, regional and international partnerships with stakeholders, both public and private, as appropriate, to share information and experience in order to prevent, protect, mitigate, investigate, respond to and recover from damage from terrorist attacks against “soft” targets;
28. Urges States able to do so to assist in the delivery of effective and targeted capacity development, training and other necessary resources, and technical assistance, where it is needed to enable all States to develop appropriate capacity to implement contingency and response plans with regard to attacks on “soft” targets;
Prosecution, Rehabilitation and Reintegration Strategies
29. Calls upon Member States to assess and investigate suspected individuals whom they have reasonable grounds to believe are terrorists, including suspected foreign terrorist fighters and their accompanying family members, including spouses and children, entering those Member States’ territories, to develop and implement comprehensive risk assessments for those individuals, and to take appropriate action, including by considering appropriate prosecution, rehabilitation, and reintegration measures and emphasizes that Member States should ensure that they take all such action in compliance with domestic and international law;
30. Calls upon Member States, emphasizing that they are obliged, in accordance with resolution 1373, to ensure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice, to develop and implement comprehensive and tailored prosecution, rehabilitation, and reintegration strategies and protocols, in accordance with their obligations under international law, including with respect to foreign terrorist fighters and spouses and children accompanying returning and relocating foreign terrorist fighters, as well as their suitability for rehabilitation, and to do so in consultation, as appropriate, with local communities, mental health and education practitioners and other relevant civil society organizations and actors, and requests UNODC and other relevant UN agencies, consistent with their existing mandates and resources, and other relevant actors to continue providing technical assistance to Member States, upon request, in this regard;
31. Emphasizes that women and children associated with foreign terrorist fighters returning or relocating to and from conflict may have served in many different roles, including as supporters, facilitators, or perpetrators of terrorist acts, and require special focus when developing tailored prosecution, rehabilitation and reintegration strategies, and stresses the importance of assisting women and children associated with foreign terrorist fighters who may be victims of terrorism, and to do so taking into account gender and age sensitivities;
32. Underscores the importance of a whole of government approach and recognizes the role civil society organizations can play, including in the health, social welfare and education sectors in contributing to the rehabilitation and reintegration of returning and relocating foreign terrorist fighters and their families, as civil society organizations may have relevant knowledge of, access to and engagement with local communities to be able to confront the challenges of recruitment and radicalization to violence, and encourages Member States to engage with them proactively when developing rehabilitation and reintegration strategies;
33. Stresses the need to effectively counter the ways that ISIL, Al-Qaida, and associated individuals, groups, undertakings and entities use their narratives to incite and recruit others to commit terrorist acts, and further recalls in this regard resolution 2354 (2017) and the “Comprehensive International Framework to Counter Terrorist Narratives” (S/2017/375) with recommended guidelines and good practices;
34. Encourages Member States to collaborate in the pursuit of developing and implementing effective counter-narrative strategies in accordance with resolution 2354 (2017), including those relating to foreign terrorist fighters, in a manner compliant with their obligations under international law, including international human rights law, international refugee law and international humanitarian law, as applicable;
35. Reiterates that States should consider engaging, where appropriate, with religious authorities, community leaders and other civil society actors, who have relevant expertise in crafting and delivering effective counter-narratives, in countering narratives used by terrorists, including foreign terrorist fighters, and their supporters;
36. Recognizes the particular importance of providing, through a whole of government approach, timely and appropriate reintegration and rehabilitation assistance to children associated with foreign terrorist fighters returning or relocating from conflict zones, including through access to health care, psychosocial support and education programs that contribute to the well-being of children and to sustainable peace and security;
37. Encourages Member States to develop appropriate legal safeguards to ensure that prosecution, rehabilitation and reintegration strategies developed are in full compliance with their international law obligations, including in cases involving children;
38. Calls upon Member States to develop and implement risk assessment tools to identify individuals who demonstrate signs of radicalization to violence and develop intervention programs, including with a gender perspective, as appropriate, before such individuals commit acts of terrorism, in compliance with applicable international and domestic law and without resorting to profiling based on any discriminatory grounds prohibited by international law;
39. Encourages Member States, as well as international, regional, and sub-regional entities to ensure participation and leadership of women in the design, implementation, monitoring, and evaluation of these strategies for addressing returning and relocating foreign terrorist fighters and their families;
40. Encourages Member States to take all appropriate actions to maintain a safe and humane environment in prisons, develop tools that can help address radicalization to violence and terrorist recruitment, and to develop risk assessments to assess the risks of prison inmates’ susceptibility to terrorist recruitment and radicalization to violence, and develop tailored and gender-sensitive strategies to address and counter terrorist narratives within the prison system, consistent with international humanitarian law and human rights law, as applicable and in accordance with relevant international law and taking into consideration, as appropriate, the United Nations Standard Minimum Rules for the Treatment of Prisoners, or “Nelson Mandela Rules”;
41. Encourages Member States to take all appropriate actions to prevent inmates who have been convicted of terrorism-related offenses from radicalizing other prisoners to violence, with whom they may come into contact, in compliance with domestic and international law;
United Nations Efforts on Returning and Relocating Foreign Terrorist Fighters
42. Reaffirms that foreign terrorist fighters and those who finance or otherwise facilitate their travel and subsequent activities may be eligible for inclusion on the ISIL (Da’esh) & Al-Qaida Sanctions List maintained by the Committee pursuant to resolutions 1267 (1999), 1989 (2011), and 2253 (2015) where they participate 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, supplying, selling or transferring arms and related materiel to, or recruiting for, or otherwise supporting acts or activities of Al-Qaida, ISIL, or any cell, affiliate, splinter group or derivative thereof, and calls upon States to propose such foreign terrorist fighters and those who facilitate or finance their travel and subsequent activities for possible designation;
43. Directs the Committee established pursuant to resolution 1267 (1999), 1989 (2011) and 2253 (2015) and the Analytical Support and Sanctions Monitoring Team, in close cooperation with all relevant United Nations counter-terrorism bodies, to continue to devote special focus to the threat posed by foreign terrorist fighters, specifically those associated with ISIL, ANF and all groups, undertakings and entities associated with Al-Qaida;
44. Requests the Counter-Terrorism Committee, within its existing mandate and with the support of Counter-Terrorism Committee Executive Directorate (CTED), to review the 2015 Madrid Guiding Principles in light of the evolving threat of foreign terrorist fighters, particularly returnees, relocators and their families, and other principal gaps that may hinder States’ abilities to appropriately detect, interdict, and where possible, prosecute, rehabilitate and reintegrate foreign terrorist fighter returnees and relocators and their families, as well as to continue to identify new good practices and to facilitate technical assistance, upon their request, specifically by promoting engagement between providers of capacity-building assistance and recipients, especially those in the most affected regions, including through the development of comprehensive counter-terrorism strategies that encompass countering radicalization to violence and the return and relocation of foreign terrorist fighters and their families, recalling the roles of other relevant actors, for example the Global Counterterrorism Forum;
45. Further requests CTED, in coordination with UNODC and other relevant UN bodies, INTERPOL, and the private sector, and in collaboration with Member States, to continue to collect and develop best practices on the systematic categorization, collection and sharing among Member States of biometric data, with a view to improving biometric standards and improving the collection and use of biometric data to effectively identify terrorists, including foreign terrorist fighters, including through the facilitation of capacity building, as appropriate;
46. Requests the Committee established pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015) and the Counter-Terrorism Committee to update the Security Council on their respective efforts pursuant to this resolution, as appropriate;
47. Encourages relevant UN entities, including UNODC and UNOCT, to further enhance, in close consultation with the Counter-Terrorism Committee and CTED, the provision and delivery of technical assistance to States, upon request, to better support Member State efforts to implement this resolution;
48. Notes that the implementation of aspects of this resolution, especially PNR and biometric data collection, can be resource-intensive and take an extended period of time to develop and make operational, directs CTED to take this into consideration when assessing Member States’ implementation of relevant resolutions, and in its furtherance of facilitating technical assistance as requested in paragraph 47;
49. Urges the Office of Counterterrorism to incorporate CTED assessments and identification of emerging issues, trends and developments as related to foreign terrorist fighters into the design and implementation of their work, in accordance with their respective mandates, as well as to enhance cooperation with relevant UN counter-terrorism entities such as CTED, UNODC, the Analytical Support and Sanctions Monitoring Team, and INTERPOL;
50. Requests the Office of Counterterrorism, in close cooperation with CTED, including through use of CTED country assessments, to review the UN Capacity Building Implementation Plan to counter the Flow of FTFs, as called for under S/PRST/2015/11, to ensure that the Plan supports Member States in their efforts to implement the priorities of this resolution, the establishment of effective API systems, the development of PNR capability, the development of effective biometric data systems, the improvement of judicial procedures, and the development of comprehensive and tailored prosecution, rehabilitation, and reintegration strategies, further requests OCT to communicate the prioritization of these projects and any updates to the plan to all Member States and relevant international, regional, and sub-regional bodies by June 2018, and to continue incorporating CTED country assessments in its Plan on a routine basis, further requests OCT to develop ways to measure the effectiveness of these projects, and calls upon Member States, as appropriate, to provide the resources needed to implement these projects;
51. Decides to remain seized of the matter.
Op 17 december 2021 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 8934e zitting Resolutie 2610 (2021) inzake dreigingen voor internationale vrede en veiligheid veroorzaakt door terroristische daden aangenomen. De Engelse tekst van de resolutie luidt:
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), 2161 (2014), 2170 (2014), 2178 (2014), 2195 (2014), 2199 (2015), 2214 (2015), 2249 (2015), 2253 (2015), 2309 (2016), 2322 (2016), 2331 (2016), 2341 (2017), 2347 (2017), 2354 (2017), 2368 (2017), 2379 (2017), 2388 (2017), 2396 (2017), 2462 (2019), 2482 (2019), and 2560 (2020),
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, and Al-Qaida, and the growing presence of their affiliates around the world,
Reaffirming its commitment to sovereignty, territorial integrity and political independence of all States in accordance with the Charter of the United Nations,
Recalling the importance of Member States fulfilling all of their obligations under the Charter of the United Nations,
Underscoring the important role of the United Nations, in particular the United Nations Security Council, in facilitating international cooperation in countering terrorism,
Stressing that Member States have the primary responsibility in countering terrorist acts and violent extremism conducive to terrorism,
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), 28 July 2014 (S/PRST/2014/14), 19 November 2014 (S/PRST/2014/23), 29 May 2015 (S/PRST/2015/11), 28 July 2015 (S/PRST/2015/14), 11 May 2016 (S/PRST/2016/6), 13 May 2016 (S/PRST/2016/7), 11 March (S/PRST/2020/5), and 12 January 2021 (S/PRST/2021/1),
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,
Urging all States, including States where ISIL is present, to prevent any trade, economic, and financial ties with ISIL, Al-Qaida, and associated individuals, groups, undertakings, and entities, including through enhancing their border security efforts,
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 1 of this resolution,
Stressing that the measures imposed by this resolution are not intended to have adverse humanitarian consequences for civilian populations,
Stressing the important role the 1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee plays in identifying possible cases of non-compliance with the measures reaffirmed pursuant to paragraph 1, including its role in determining the appropriate course of action on each case,
Recalling that ISIL originated as 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, as well as the continued gross, systematic and widespread abuses of human rights and violations of international humanitarian law by ISIL, and recognizing the need for sanctions to reflect current threats and, in this regard, recalling paragraph 7 of resolution 2249 (2015),
Recalling that all 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, and urges States to act 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 terrorists or terrorist groups,
Reminding all States that they have an obligation to take the measures described in paragraph 1 with respect to all individuals, groups, undertakings, and entities included on the ISIL (Da’esh) and Al-Qaida Sanctions list created pursuant to resolutions 1267 (1999), 1333 (2000), 1989 (2011), 2083 (2012), and 2161 (2014), 2253 (2015), and 2368 (2017) 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 1 of this resolution, while ensuring that such nominations are evidence-based,
Reminding the ISIL (Da’esh) and Al-Qaida Sanctions 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 that are reaffirmed by paragraph 1 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), 2161 (2015) and 2253 (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, 2 February 2015, 14 July 2015, 1 February 2016, 1 August 2016, 23 January 2017, 7 August 2017, 8 August 2018, 6 February 2019, 1 August 2019, 7 February 2020, 7 August 2020, 8 February 2021, and 23 July 2021, and the Update of the Office of the Ombudsperson submitted in lieu of a biannual report on 8 February 2018,
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 Office of Counterterrorism and its Global Compact Entities 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, 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” and urging all States to remain vigilant about kidnapping and hostage-taking by ISIL, Al-Qaida, and their affiliates,
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, petroleum, and petroleum products, 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 (2002),
Reiterating the central role of the United Nations, in particular its Security Council, in preventing and combatting terrorism and stressing the essential role of the Financial Action Task Force (FATF) in setting global standards for preventing and combatting money laundering, terrorist financing and proliferation financing and its Global Network of FATF-style regional bodies (FSRBs),
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 trafficking in arms, and to enhance coordination of efforts on national, subregional, regional, and international levels,
Strongly condemning the continued flow of weapons, including small arms and light weapons, unmanned aircraft systems (UASs) and their components, improvised explosive device (IED) components, and military equipment including Man-Portable Air-Defence Systems to and between ISIL, Al-Qaida, their affiliates, and associated groups, illegal armed groups and criminals, and encouraging Member States to prevent and disrupt procurement networks for such weapons, systems and components between ISIL, Al-Qaida and associated individuals, groups, undertakings and entities, including through proposing relevant listing requests,
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, as well as their use to incite, recruit, fund, or plan terrorist acts,
Stressing the need to effectively counter the ways that ISIL, Al-Qaida and associated individuals, groups, undertakings and entities use their narratives to incite and recruit others to commit terrorist acts, and further recalling in this regard resolution 2354 (2017) and the “Comprehensive International Framework to Counter Terrorist Narratives” (S/2017/375) with recommended guidelines and good practices,
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 or facilitation 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,
Expressing concern at the increasing number of foreign terrorist fighters leaving zones of armed conflict, returning to their countries of origin, transiting through, traveling to or relocating to or from other Member States, and encouraging Member States to share relevant information, as appropriate, within and between governments about funding flows and movement of foreign terrorist fighters to mitigate the risk they pose,
Calling upon Member States to continue information sharing, through appropriate channels and arrangements, and consistent with international and domestic law, on individuals, groups, undertakings and entities implicated in terrorist activities, in particular their supply of weapons and sources of material support, and on the ongoing international counter-terrorism coordination including among special services, security agencies and law enforcement organizations and criminal justice authorities,
Condemning any engagement in direct or indirect trade, in particular of petroleum and petroleum products, modular refineries, and related materiel including chemicals and lubricants, with ISIL, Al-Nusrah Front (ANF), and associated individuals, groups, undertakings, and entities designated by the Committee, 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, particularly in Iraq and Syria by ISIL, Al-Qaida, 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 2396 (2017) 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, 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, Al-Qaida, 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 and related forms of exploitation and abuse 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,
Recalling its resolution 2331 (2016), condemning all acts of trafficking, further expressing its intention to invite the Special Representatives of the Secretary-General on Sexual Violence in Conflict and on Children and Armed Conflict to brief the Committee, in accordance with the Committee’s rules of procedure, and to provide relevant information including, if applicable, the names of individuals involved in the trafficking in persons who may meet the Committee’s designation criteria,
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. Reaffirms its decision in paragraph 1 of resolution 2368 (2017) 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, 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
2. Reaffirms 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;
3. 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;
4. 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 ISIL or Al-Qaida, including on the ISIL (Da’esh) & Al-Qaida Sanctions List, shall be eligible for listing;
5. 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 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;
6. Confirms that the requirements in paragraph 1 (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, 83 and 84 below;
7. Notes that the requirements in paragraph 1 (a) above apply to financial transactions involving any funds, economic resources or income-generating activities that benefit individuals, groups, undertakings and entities on the ISIL (Da’esh) & Al-Qaida Sanctions List, including, but not limited to, trade in petroleum products, natural resources, chemical or agricultural products, weapons, or antiquities by listed individuals, groups, undertakings and entities, kidnapping for ransom, and the proceeds of other crimes including, trafficking in persons, extortion and bank robbery;
8. Confirms that the requirements reaffirmed in paragraph 1 (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 reaffirmed in 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;
10. Encourages Member States to make use of the provisions regarding available exemptions to the measures reaffirmed in paragraph 1 (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 84 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 1 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 petroleum and refined petroleum 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 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 petroleum and antiquities trade-related activities with ISIL, Al-Qaida, and associated individuals, groups, undertakings and entities;
15. Recalls its resolution 2331 (2016), reaffirms its intention to consider targeted sanctions for individuals and entities associated with ISIL or Al-Qaida involved in trafficking in persons in areas affected by armed conflict and in sexual violence in conflict, and encourages all Member States to consider submitting to the Committee listing requests in this regard;
16. Expresses increasing concern about the lack of implementation of resolutions 1267 (1999), 1989 (2011), 2199 (2015) and 2253 (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 petroleum, petroleum products, modular refineries, and related material being transferred to or from ISIL, al-Qaida, 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;
17. Strongly urges all Member States to implement the comprehensive international standards embodied in the Financial Action Task Force’s (FATF) 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; 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; and to consider elements in FATF Recommendation 15 on virtual assets as “property,” “proceeds,” “funds,” “funds or other assets,” or other “corresponding value” and apply the relevant measures under the FATF Recommendations to virtual assets and virtual asset service providers (VASPs);
18. Welcomes the recent FATF reports on ISIL, Al-Qaeda, and Affiliates Financing (October 2021) and ongoing FATF work related to terrorist financing, including the development of risk indicators related to terrorist financing, welcomes further the FATF guidance on criminalizing terrorist financing (2016), including Interpretive Note to Recommendation 5, clarifying that Recommendation 5 applies to “funds or other assets” and that this term covers the broadest range of financial assets and economic resources, including petroleum and petroleum products and other natural resources, and other assets which could be used to obtain funds, the relevant elements 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;
19. Reaffirms its decision in resolution 2462 (2019) that all States shall, in a manner consistent with their obligations under international law, including international humanitarian law, international human rights law and international refugee law, ensure that their domestic laws and regulations establish serious criminal offenses sufficient to provide the ability to prosecute and to penalize in a manner duly reflecting the seriousness of the offense the wilful provision or collection of funds, financial assets or economic resources or financial or other related services, directly or indirectly, with the intention that the funds should be used, or in the knowledge that they are to be used 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. Demands that Member States ensure that all measures taken to implement this resolution comply with their obligations under international law, including international humanitarian law, international human rights law and international refugee law;
21. 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 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;
22. 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;
23. Calls upon States to ensure that they have established as a serious criminal offense in their domestic laws and regulations the wilful violation of the prohibition described in paragraph 1 (d) of resolution 1373 (2001);
24. Calls upon Member States to move vigorously and decisively to cut the flows of funds and other financial assets and economic resources to individuals, groups, undertakings and entities on the ISIL (Da’esh) & Al-Qaida Sanctions List, as required by paragraph 1 (a), and taking into account relevant FATF Recommendations and international standards designed to enhance financial transparency including effectively supervising the money value transfer systems and detecting and preventing the physical cross-border movement of currency to support terrorism, as well as to protect non-profit organizations, from terrorist abuse, using a risk-based approach, while working to mitigate the impact on legitimate activities through all of these mediums;
25. Urges Member States to remain vigilant about the use of information and communication technology for terrorist purposes and act cooperatively to prevent terrorists from recruiting and raising funds for terrorist purposes, including through crowd-funding and virtual assets, and 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 endeavour;
26. 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 1 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;
27. Highlights the importance of strong relationships with the private sector in countering the financing of terrorism, welcomes the work by FATF to develop risk indicators related to terrorist financing 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 as well as between private sector entities in countering terrorist financing;
28. Underscores that ransom payments to ISIL, Al-Qaida, and associated individuals, groups, undertakings, and entities continue to be one of the sources of income which supports their recruitment efforts, strengthens their operational capability to organize and carry out terrorist attacks, and incentivizes future incidents of kidnapping for ransom, and reaffirms the call upon Member States in resolution 2133 (2014) to prevent terrorists from benefiting directly or indirectly from ransom payments, or from political concessions and to secure the safe release of hostages;
29. Urges Member States to remain vigilant about the growing presence of ISIL and its affiliates around the world, and further urges Member States to identify and propose for listing individuals, groups, undertakings and entities that meet the criteria in paragraph 2 of this resolution;
30. 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;
31. 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;
32. Encourages Member States, including through their permanent missions, and relevant international organizations to meet the Committee for in-depth discussion on any relevant issues;
33. Urges all Member States, in their implementation of the measures set out in paragraph 1 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;
34. 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;
35. 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;
36. 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;
37. Reaffirms its decision in resolution 2396 (2017) that Member States shall require that airlines operating in their territories provide advance passenger information (API) to the appropriate national authorities, in accordance with domestic law and international obligations, in order to detect the departure from their territories, or attempted travel to, entry into or transit through their territories, by means of civil aircraft, of foreign terrorist fighters and individuals designated by the Committee and further reaffirms its call upon Member States to report any such departure from their territories, or such attempted entry into or transit through their territories, by sharing this information with the State of residence or nationality, or the countries of return, transit or relocation, and relevant international organizations as appropriate and in accordance with domestic law and international obligations, and to ensure API is analysed by all relevant authorities, with full respect for human rights and fundamental freedoms for the purpose of preventing, detecting, and investigating terrorist travel offenses and travel;
38. Reaffirms its decision in resolution 2396 (2017) that Member States shall develop the capability to collect, process and analyse, in furtherance of ICAO standards and recommended practices, Passenger Name Records (PNR) data and to ensure PNR data is used by and shared with all their national competent authorities, with full respect for human rights and fundamental freedoms for the purpose of preventing, detecting and investigating terrorist offenses and related travel, reaffirms its call upon Member States, the UN, and other international, regional, and subregional entities to provide technical assistance, resources and capacity building to Member States in order to implement such capabilities, and, where appropriate, reaffirms its encouragement for Member States to share PNR data with relevant or concerned Member States to detect foreign terrorist fighters returning to their countries of origin or nationality, or traveling or relocating to a third country, with particular regard for all individuals designated by the Committee established pursuant to resolutions 1267 (1999), 1989 (2011), 2253 (2015), and 2368 (2017), and also reaffirms its urging of ICAO to work with its Member States to implement ICAO Standards and Recommended Practices for the collection, use, processing and protection of PNR data;
39. Reaffirms its decision in resolution 2178 (2014) that all States shall ensure that their domestic laws and regulations establish serious criminal offenses sufficient to provide the ability to prosecute and to penalize in a manner duly reflecting the seriousness of such foreign terrorist fighter-related activities described in paragraph 6 of that resolution;
40. 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;
41. Calls upon Member States to improve international, regional, and subregional cooperation to address the issue of foreign terrorist fighters returning to their countries of origin, transiting through, traveling to or relocating to or from other Member States, including through increased sharing of information, in accordance with domestic and international law, for the purpose of identifying such movement of foreign terrorist fighters, the sharing and adoption of best practices, and improved understanding of the patterns of travel and financing used by foreign terrorist fighters;
42. Urges Member States to expeditiously exchange information, through bilateral or multilateral mechanisms and in accordance with domestic and international law, concerning the identity of foreign terrorist fighters, including, as appropriate, foreign terrorist fighters of more than one nationality with Member States whose nationality the foreign terrorist fighter holds, as well as to ensure consular access by those Member States to their own detained nationals, in accordance with applicable international and domestic law;
43. 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;
44. 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 1 above and the assessment of the threat from ISIL, Al-Qaida, and associated individuals, groups, undertakings, and entities;
45. Encourages all Member States to report to the Committee on obstacles to the implementation of the measures described in paragraph 1 above, with a view to facilitating technical assistance;
46. Calls upon all States to submit an updated report to the Committee no later than 180 days from the date of adoption of the form developed pursuant to paragraph 47 on their implementation, in particular the freezing of assets and any exemptions thereto, of the measures referred to in paragraph 1 of this resolution;
47. Requests the Secretariat, in cooperation with the Monitoring Team, to develop a format for reporting the information requested in paragraph 46 above and submit to the Committee for approval by consensus;
The Committee
48. 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;
49. Requests the Committee to report, through its Chair, at least once per year, to the Council on its findings regarding Member States’ implementation efforts, and identify and recommend steps necessary to improve implementation and on the state of the overall work of the Committee and the Monitoring Team in conjunction with other Committee Chairs, as appropriate, and expresses its intention to hold informal consultations at least once per year on the work of the Committee and further requests the Chair to hold regular briefings for all interested Member States;
50. Directs the Committee to identify possible cases of non-compliance with the measures pursuant to paragraph 1 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 49, to provide progress reports on the Committee’s work on this issue;
51. 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;
52. 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
53. 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;
54. 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, available on the Committee’s website, 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 57;
55. Reaffirms that Member States proposing a new listing, as well as Member States that have proposed names for inclusion on the ISIL (Da’esh) and 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;
56. 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;
57. 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 implement, disseminate and maintain the data model approved by the Committee in all official languages and requests the Secretary-General to provide additional resources in this regard;
58. 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;
59. 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;
60. 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 57;
61. 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), and 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;
62. 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) and paragraphs 86 and 1 (b) of this resolution regarding available exemptions, including the possibility of submitting such requests through the Focal Point mechanism in accordance with paragraphs 10 and 86 of this resolution;
Review of Delisting Requests – Ombudsperson/Member States
63. 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 30 months from the date of expiration of the Office of the Ombudsperson’s current mandate in December 2021, 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 further 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;
64. Recalls its decision that the requirement for States to take the measures described in paragraph 1 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;
65. Recalls its decision that the requirement for States to take the measures described in paragraph 1 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, 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 1 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;
66. Recalls its decision that the Committee may, by consensus, shorten the 60-day period referred to in paragraph 65 on a case-by-case basis;
67. Reiterates that the measures referred to in paragraph 1 of this resolution are preventative in nature and are not reliant upon criminal standards set out under national law;
68. 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 keep the Committee updated on actions in this regard;
69. 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;
70. 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;
71. Notes the Financial Action Task Force (FATF) international standards and, inter alia, best practices relating to targeted financial sanctions, as referenced in paragraph 24 of this resolution;
72. Recalls its decision that when the designating State submits a delisting request, the requirement for States to take the measures described in paragraph 1 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 1 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;
73. Also recalls its decision that the Committee may, by consensus, shorten the 60-day period referred to in paragraph 72 on a case-by-case basis;
74. Further recalls its decision that, for purposes of submitting a delisting request in paragraph 72, 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 65;
75. 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;
76. 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;
77. Encourages States to submit delisting requests for individuals who 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;
78. 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;
79. 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 30 days of receiving the request, and stresses the exceptional nature of this provision, which shall not be considered as establishing a precedent;
80. 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;
81. 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, calls upon the Ombudsperson to provide a copy of the Comprehensive Report to member states that participate in the delisting review process, and for the Committee Chair to invite these member states to the committee meeting where the Comprehensive Report is discussed, 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;
82. 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;
83. 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 1 (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
84. Recalls that the assets freeze measures outlined in paragraph 1 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, and where appropriate, there should be specific periods of time requested by the notifying Member States for such expenses;
85. Decides that in order to ensure careful consideration of requests for basic and extraordinary exemptions from the assets freeze submitted under paragraphs 84 (a) and 84 (b), the Committee, through the Secretariat, will immediately acknowledge receipt of the request, except in instances where the information provided is insufficient, in which case the Secretariat will inform that a decision cannot be taken until such information is provided;
86. 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 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 any other State where assets subject to the exemption request are held, 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;
87. 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 1 above as a result of false or mistaken identification or confusion with individuals included on the ISIL (Da’esh) & Al-Qaida Sanctions List;
88. 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 87 (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
89. 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;
90. 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, groups, undertakings 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) individuals, groups, undertakings and 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”);
91. 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;
92. 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
93. 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);
94. 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) and the UN Office of Counter-Terrorism (UNOCT) established pursuant to UN General Assembly resolution 71/291, 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;
95. 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;
96. 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 1267 (1999), 1333 (2000), 1390 (2002), 1455 (2003), 1526 (2004), 1617 (2005), 1735 (2006), 1822 (2008), 1904 (2009), 1988 (2011), 1989 (2011), 2082 (2012), 2083 (2012), and 2133 (2014), 2161 (2014), 2178 (2014), 2195 (2014), 2199 (2015), and 2214 (2015) and 2253 (2015);
97. 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 above, and to respond as appropriate with additional information available to the Committee and the Monitoring Team;
Monitoring Team
98. 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 thirty months from the expiration of its current mandate in December 2021, 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;
99. 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;
100. 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 individuals, groups, undertakings and entities in their respective areas of deployment;
101. 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;
102. 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, UNOCT, and with the FATF to identify and prioritize areas for the provision of technical assistance to enable more effective implementation by Member States;
103. Reiterates its call in 2462 (2019) for UNOCT, in close cooperation with UNODC and in consultation with CTED, the Analytical Support and Sanctions Monitoring Team and other Global Compact entities as well as international financial institutions such as the International Monetary Fund (IMF) and the World Bank and other stakeholders, including the FSRBs, to enhance coordination with the aim of delivering integrated technical assistance on counter-terrorist financing measures, including assistance that will improve the capacity of Member States, upon their request, to implement this resolution;
104. 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;
105. Recalls its request in paragraph 14 of resolution 2331 (2016) to the Analytical Support and Sanctions Monitoring Team, when consulting with Member States, to include in their discussions the issue of trafficking in persons in the areas of armed conflict and the use of sexual violence in armed conflict as it relates to ISIL (Da’esh), Al-Qaida and associated individuals, groups, undertakings and entities and to report to the Committee on these discussions as appropriate;
ISIL Reporting
106. Emphasizing the threat posed to international peace and security by ISIL and associated individuals, groups, undertakings, and entities, requests the Secretary-General to continue to provide strategic-level reports that demonstrate and reflect the gravity of the aforementioned threat, including from foreign terrorist fighters joining ISIL and associated groups and entities, foreign terrorist fighters returning to their countries of origin, transiting through, traveling to or relocating to or from other Member States, and the sources of financing of these groups and entities including through illicit trade in petroleum, antiquities, and other natural resources, as well as their planning and facilitation of attacks, any support to ISIL, Al-Qaida or any individual included on the ISIL and Al-Qaida Sanctions List, and reflects the range of United Nations efforts in support of Member States in countering this threat, the next report to be provided by 31 January 2022 and then every six months thereafter, with the input of CTED, in close collaboration with the Monitoring Team, UNOCT, and other relevant United Nations actors;
Reviews
107. Decides to review the measures described in paragraph 1 above with a view to their possible further strengthening in thirty months or sooner if necessary;
108. Decides to remain actively seized of the matter.
In accordance with paragraph 98 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 31 December 2021, on the following issues:
(i) implementation by Member States of the measures referred to in paragraph 1 of this resolution;
(ii) the global threat posed by ISIL, Al-Qaida, ANF, 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 beyond, and the threats presented by Boko Haram;
(iii) the impact of the measures in resolution 2199 (2015) and resolution 2253 (2015) including progress on implementation of these measures, unintended consequences and unexpected challenges, as mandated in that resolutions in the form of updates on each of the following subjects: petroleum and petroleum products trade; trade in cultural property; kidnapping for ransom and external donations; natural resources; the proceeds of crimes including trafficking in persons, extortion and bank robbery 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 99 of this resolution; and
(vi) specific recommendations related to improved implementation of relevant sanctions measures, including those referred to in paragraph 1 of this resolution, resolution 2178 (2014) resolution 2388 (2017), resolution 2396 (2017), 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 1 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 1 of this resolution, including by collating information from all relevant sources, including Member States, the private sector, and engaging with related parties, pursuing case studies, both on its own initiative and upon the Committee’s request, and to provide cases of noncompliance 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 1 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 57 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 1 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 FATF and its Global Network of FSRBs 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 Global Network of FSRBs, and civil society 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 identity, 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.
In accordance with paragraph 63 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, 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 completion of the Comprehensive Report, the Ombudsperson will provide a copy to those non-Security Council members who participated in the delisting review process, along with a notification to such States confirming that:
a) The Comprehensive Report reflects the basis for the Ombudsperson’s recommendation and is not attributable to any individual Committee member; and
b) 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. 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.
15. In cases where the Ombudsperson recommends retaining the listing, the requirement for States to take the measures in paragraph 1 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.
16. In cases where the Ombudsperson recommends that the Committee consider delisting, the requirement for States to take the measures described in paragraph 1 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 1 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.
17. Following the conclusion of the process described in paragraphs 64 and 65 of this resolution, the Committee shall convey, within 60 days, to the Ombudsperson, whether the measures described in paragraph 1 are to be retained or terminated, and approve an updated narrative summary of reasons for listing, where appropriate. In cases where the Committee informs the Ombudsperson that it has followed his or her recommendation, the Ombudsperson immediately informs the Petitioner of the Committee’s decision and submits to the Committee, for its review, a summary of the analysis contained in the Comprehensive Report. The Committee reviews the summary within 30 days of the decision to retain or terminate the listing, and communicates its views on the summary to the Ombudsperson. The purpose of the Committee’s review is to address any security concerns, including to review if any information confidential to the Committee is inadvertently included in the summary. Following the Committee’s review, the Ombudsperson transmits the summary to the Petitioner. The summary shall accurately describe the principal reasons for the recommendation of the Ombudsperson, as reflected in the analysis of the Ombudsperson. In his or her communication with the Petitioner, the Ombudsperson will specify that the summary of the analysis does not reflect the views of the Committee or of any of its members. In cases where the listing is retained, the summary of the analysis shall cover all the arguments for delisting by the Petitioner to which the Ombudsperson responded. In cases of delisting, the summary shall include the key points of the analysis of the Ombudsperson. In cases where the Committee informs the Ombudsperson that it has not followed his or her recommendation or that the Chair has submitted the question to the Security Council under paragraph 16 of this Annex, the Committee communicates to the Ombudsperson, within 30 days of its decision or the Council’s decision, the reasons for this decision for transmission to the Petitioner. These reasons shall respond to the principal arguments of the Petitioner.
18. After the Ombudsperson receives the communication from the committee under paragraph 17 of Annex II, if the measures in paragraph 1 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 17 of Annex II above.
19. In all communications with the petitioner, the Ombudsperson shall respect the confidentiality of Committee deliberations and confidential communications between the Ombudsperson and Member States.
20. 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
21. 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 82 of this resolution; and
c) Submit biannual reports summarizing the activities of the Ombudsperson to the Security Council.
Op 17 december 2021 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 8935e zitting Resolutie 2611 (2021) inzake dreigingen voor internationale vrede en veiligheid veroorzaakt door terroristische daden aangenomen. De Engelse tekst van de resolutie luidt:
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), 2160 (2014), 2255 (2015), 2501 (2019), 2513 (2020), 2557 (2020), and 2596 (2021) and the relevant statements of its President,
Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Afghanistan,
Reaffirming its support for a peaceful, stable, and prosperous Afghanistan,
Reaffirming the importance of combating terrorism in Afghanistan, including those individuals and groups designated by the Security Council Committee pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015), and further reaffirming the demand that the territory of Afghanistan should not be used to threaten or attack any country, to plan or finance terrorist acts, or to shelter and train terrorists, and that no Afghan group or individual should support terrorists operating on the territory of any country,
Reiterating its support for the fight against illicit production and trafficking of drugs from, and chemical precursors to, Afghanistan, acknowledging that illicit proceeds of the drug trafficking in Afghanistan are a source of financing for terrorist groups and non-state actors that threatens regional and international security, and recognizing the threats that terrorist groups and non-state actors involved in narcotics trade, and illicit exploitation of natural resources, continue to pose to the security and stability of Afghanistan,
Underlining that all parties must respect their obligations under international humanitarian law in all circumstances, including those related to the protection of civilians, and reaffirming the importance of upholding human rights including those of women, children and members of vulnerable populations and minorities,
Reiterating the need to ensure that the present sanctions regime contributes effectively to ongoing efforts to bring about sustainable and inclusive peace, stability, and security in Afghanistan, and noting the importance of the sanctions review when appropriate,
Determining that the situation in Afghanistan continues to constitute 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,
Acting under Chapter VII of the Charter of the United Nations,
Measures
1. Decides that all States shall continue to take the measures required by paragraph 1 of resolution 2255 (2015) 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 30 of resolution 1988 (“the Committee”) in the 1988 Sanctions List (“the List”);
2. Decides, in order to assist the Committee in fulfilling its mandate, that the 1267/1988 Analytical Support and Sanctions Monitoring Team (“Monitoring Team”), established pursuant to paragraph 7 of resolution 1526 (2004), shall continue to support the Committee for a period of twelve months from the date of expiration of the current mandate in December 2021, 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;
3. Directs the Monitoring Team to gather information on instances of non-compliance with the measures imposed in resolution 2255 (2015) 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;
4. Decides to actively review the implementation of the measures outlined in this resolution and to consider adjustments, as necessary, to support peace and stability in Afghanistan;
5. Decides to remain actively seized of the matter.
In accordance with paragraph 3 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, an annual comprehensive, independent report 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 resolution 2255 (2015);
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 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 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 United Nations Assistance Mission in Afghanistan (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 resolution 2255 (2015), and report as requested by the Committee;
p) To provide an update to the special report of the Monitoring Team pursuant to resolution 2160 (2014) Annex (p), as part of its regular comprehensive report;
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 ISIL and 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 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 Global Network of FATF-style regional bodies (FSRBs), to raise awareness of 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 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 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 paragraph (a) of this annex, 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 relevant Member States, on travel that takes place under a granted exemption, pursuant to paragraph 20 of resolution 2255 (2015), and to report to the Committee, as appropriate;
dd) Any other responsibility identified by the Committee.
Op 22 december 2021 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 8941e zitting Resolutie 2615 (2021) inzake dreigingen voor internationale vrede en veiligheid veroorzaakt door terroristische daden aangenomen. De Engelse tekst van de resolutie luidt:
The Security Council,
Recalling its previous resolutions on Afghanistan,
Stressing the important role that the United Nations will continue to play in promoting peace and stability in Afghanistan,
Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Afghanistan, as well as its continued support for the people of Afghanistan,
Expressing deep concern regarding the humanitarian situation in Afghanistan, including food insecurity, and recalling that women, children, and minorities have been disproportionately affected,
Expressing appreciation for the strengthened efforts of the international community to provide humanitarian assistance to the people of Afghanistan since 15 August 2021, calling upon the United Nations to take an active role in coordinating such assistance going forward, and noting the intention of this resolution is to provide clarity to ensure the continued provision of assistance in the future,
Recalling the expectations that the Taliban will adhere to the commitments made, including with regards to humanitarian access, safe passage, counter-terrorism, security, human rights, and counter-narcotics,
Reaffirming the importance of combating terrorism in Afghanistan, including those individuals and groups designated by the Security Council Committee pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015), and ensuring the territory of Afghanistan should not be used to threaten or attack any country, to plan or finance terrorist acts, or to shelter and train terrorists, and that no Afghan group or individual should support terrorists operating on the territory of any country,
Determining that the situation in Afghanistan continues to constitute a threat to international peace and security,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that humanitarian assistance and other activities that support basic human needs in Afghanistan are not a violation of paragraph 1 (a) of resolution 2255 (2015), and that the processing and payment of funds, other financial assets or economic resources, and the provision of goods and services necessary to ensure the timely delivery of such assistance or to support such activities are permitted, strongly encourages providers relying on this paragraph to use reasonable efforts to minimize the accrual of any benefits, whether as a result of direct provision or diversion, to individuals or entities designated on the 1988 Sanctions List, and further decides to review the implementation of this provision after a period of one year;
2. Requests the Emergency Relief Coordinator to brief the Security Council every six months from the adoption of this resolution based on the delivery of humanitarian assistance in Afghanistan including on any available information regarding payments of funds to, or for the benefit of, designated individuals or entities, any diversion of funds by the same, risk management and due diligence processes in place, and any obstacles to the provision of such assistance, and further requests relevant providers to assist the Emergency Relief Coordinator in the preparation of such briefings by providing information relevant to paragraph 1 above within 60 days of any such provision;
3. Calls on all parties in all circumstances to respect the human rights of all individuals, including women, children, and persons belonging to minorities, and comply with their applicable obligations under international humanitarian law, including those related to the protection of civilians, including humanitarian personnel, and those related to the protection of medical personnel and humanitarian personnel exclusively engaged in medical duties, and demands all parties allow full, safe, and unhindered humanitarian access for the personnel of United Nations humanitarian agencies and other humanitarian actors regardless of gender; and
4. Decides to remain actively 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 tiende februari 2022.
De Minister van Buitenlandse Zaken, W.B. HOEKSTRA
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