Tractatenblad 2024, 20

1 (1945) Nr. 96

A. TITEL

Handvest van de Verenigde Naties;

San Francisco, 26 juni 1945

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

B. TEKST

Op 14 november 2023 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 9473^e zitting Resolutie 2707 (2023) inzake Jemen aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2707 (2023)
Adopted by the Security Council at its 9473rd meeting, on 14 November 2023

The Security Council,

Recalling all its previous relevant resolutions and statements of its President concerning Yemen, including resolution 2624 (2022) and 2675 (2023),

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

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

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

• 1. Decides to renew until 15 November 2024 the measures imposed by paragraphs 11 and 15 of resolution 2140 (2014), reaffirms the provisions of paragraphs 12, 13, 14 and 16 of resolution 2140 (2014), and further reaffirms the provisions of paragraphs 14 to 17 of resolution 2216 (2015);

Reporting

• 2. Decides to extend until 15 December 2024 the mandate of the Panel of Experts as set out in paragraph 21 of resolution 2140 (2014), and paragraph 21 of resolution 2216 (2015), expresses its intention to review the mandate and take appropriate action regarding the further extension no later than 15 November 2024, and requests the Secretary-General to take the necessary administrative measures as expeditiously as possible to re-establish the Panel of Experts, in consultation with the Committee until 15 December 2024 drawing, as appropriate, on the expertise of the members of the Panel established pursuant to resolution 2140 (2014);

• 3. Requests the Panel of Experts to provide a midterm update to the Committee no later than 15 April 2024, and a final report including information as set out in paragraph 16 of resolution 2624 (2022) no later than 15 October 2024 to the Security Council, after discussion with the Committee;

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

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Op 15 november 2023 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 9477^e zitting Resolutie 2711 (2023) inzake Somalië aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2711 (2023)
Adopted by the Security Council at its 9477th meeting, on 15 November 2023

The Security Council,

Recalling all its previous resolutions and statements of its President concerning the situation in Somalia,

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

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

• 1. Reaffirms resolution 2662 (2022);

• 2. Decides to renew the provisions set out in paragraphs 15 and 17 of resolution 2182 (2014), and expanded by paragraph 5 of resolution 2607 (2021) to cover IED components, until 1 December 2023;

• 3. Recalls paragraph 44 of resolution 2662 (2022), decides to renew the mandate of the Panel of Experts until 31 December 2023, and expresses its intention to review the mandate of the Panel of Experts and take appropriate action regarding any extension and modification of this mandate, including restrictions on the import of weapons and ammunition by the Federal Government of Somalia, no later than 1 December 2023;

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

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Op 1 december 2023 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 9490^e zitting Resolutie 2713 (2023) inzake Somalië aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2713 (2023)
Adopted by the Security Council at its 9490th meeting, on 1 December 2023

The Security Council,

Recalling all its previous resolutions and statements of its President on the situation in Somalia,

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

Commending the progress made in Somalia over the past ten years, and especially over the past two years in the fight against Al-Shabaab,

Emphasising that the purpose of this resolution is to degrade the threat posed by Al-Shabaab,

Degrading the threat posed by Al-Shabaab, and the Arms Embargo on Al-Shabaab

Expressing grave concern that Al-Shabaab continues to pose a serious threat to the peace, security and stability of Somalia and the region, and further expressing concern about the continued presence in Somalia of affiliates linked to ISIL/Da’esh,

Condemning in the strongest possible terms Al-Shabaab’s terrorist attacks, expressing deep concern at the loss of life from these attacks, further condemning Al-Shabaab’s radicalisation to violent ends and exploitation, including financially of communities, and reiterating its determination to support comprehensive efforts to reduce the threat posed by Al-Shabaab,

Strongly condemning the targeting of civilians, including humanitarian personnel and any unlawful attacks against civilian objects in situations of conflict, as well as the indiscriminate use of explosive weapons, in particular in densely populated areas, and the consequences for the civilian population, and calling upon all parties to the conflict to cease such practices in accordance with their obligations under international law, including international humanitarian law,

Recalling the 2023 Report of the Secretary-General on Children and Armed Conflict (S/2023/363), and noting with concern the high levels of recruitment of children in armed conflict in violation of international law and high levels of abductions, with Al-Shabaab responsible for almost all cases of child recruitment and abduction of children, and urging the Government of the Federal Republic of Somalia (GFRS), and Somalia’s Federal Member States (FMS) and regional governments,¹⁾ to further strengthen efforts to address the “six grave violations” against children as identified by the Secretary-General, including by implementing measures in line with resolution 2467 (2019),

Underscoring the importance of a holistic, whole-of-government and whole-of- society approach, including the full participation of women, to counter terrorism and violent extremism conducive to terrorism, conducted in accordance with applicable international law, as well as efforts to address the governance, security, human rights, humanitarian, development and socioeconomic dimensions of the problem, including youth employment and eradication of poverty, and emphasising the importance of regional and international cooperation to counter terrorism, disrupt terrorist finances and illicit financial flows, and stop arms trafficking,

Reiterating that terrorism cannot, and should not, be associated with any religion, nationality, civilisation or ethnic group, condemning terrorist groups’ attempts to craft distorted narratives that are based on misrepresentation of religion to justify violence and to popularise their attempts to undermine Somalia and the region, expressing concern over their exploitation of information and communication technologies including through the Internet, particularly social media, for terrorist purposes, and supporting the GFRS’s renewed efforts to counter Al-Shabaab’s narratives,

Strongly encouraging Member States to work with the GFRS to prevent Al-Shabaab from using social media platforms for criminal purposes and to counter terrorist propaganda, and strongly encouraging the GFRS to develop a communication strategy and a publicity and outreach mechanism to systematically counter the narratives of Al-Shabaab through audio-visual and social media in a manner consistent with their obligations under international law,

Expressing serious concern about the humanitarian situation in Somalia, encouraging States to scale-up their humanitarian support to Somalia, and calling for all parties to the conflict to allow and facilitate, in accordance with relevant provisions of international law, including applicable international humanitarian law, and in a manner consistent with the United Nations guiding principles of humanitarian emergency assistance (United Nations General Assembly resolution 46/182), including humanity, neutrality, impartiality and independence, the rapid and unhindered provision of humanitarian assistance necessary to support persons in need across Somalia,

Recognising the contribution of Somali, African Union, and other forces operating legally in Somalia towards combatting Al-Shabaab, often at great sacrifice, and liberating areas of central Somalia from control by the group, and welcoming Somali and international efforts to bring stabilisation support and services to newly liberated communities,

Urging continued development of a Somalia-led, coordinated approach in developing Somalia’s maritime governance sector, including through the formation of the Maritime Security Working Group, and support of Somalia’s maritime institutions,

Noting with concern smuggling and trafficking of weapons, military equipment and ammunition in contravention of the measures imposed by the Security Council in this and previous resolutions, and urging the GFRS, FMS and Member States to take appropriate measures to identify smugglers and hold them accountable,

Expressing concern about the violation of the charcoal ban by the vessel MV Fox documented by the Panel of Experts on Somalia (Panel), commending the Panel’s investigations into this incident, urging all parties to engage constructively with the Panel and the GFRS on this matter, and reminding all Member States of the provisions in its Implementation Assistance Notice No. 1,

Emphasising that its objective, through this resolution, is to continue to update its consolidated framework – drawing on the technical assessments of Somalia’s weapons and ammunition management capability (S/2022/698 and S/2023/676), and taking note of the final report of the Panel (S/2023/724) and recommendations from the United Nations Office on Drugs Crime (UNODC) – to strengthen state- and peace- building, defeat Al-Shabaab and complement the mandates of the United Nations Assistance Mission in Somalia (UNSOM), the United Nations Support Office in Somalia (UNSOS) and the African Union Transition Mission in Somalia (ATMIS),

Recognising that Al-Shabaab poses a threat to peace and security in Somalia, and that its terrorist and other activities pose a security threat to the region, and underscoring the need to degrade Al-Shabaab through: targeted sanctions, preventing access to weapons and ammunition, disrupting its finances, reducing the threat posed by improvised explosive devices, improving maritime domain awareness and through international collaboration,

Recognising the need to continuously strengthen due process and to ensure that fair and clear procedures exist for delisting individuals and entities designated pursuant to resolution 1844 (2008) as amended,

Determining that Al-Shabaab’s attempts to undermine peace and security in Somalia and the region, including through acts of terrorism, constitute a threat to international peace and security,

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

A. Targeted sanctions

• 1. Recalls its decisions in its resolution 1844 (2008), which imposed targeted sanctions, and its resolutions 2002 (2011), 2093 (2013) and 2662 (2022), which expanded the listing criteria, and recalls its decisions in resolutions 2060 (2012) and 2444 (2018);

• 2. Expresses its intention to support the further development of fair and clear procedures for the delisting of individuals and entities designated pursuant to resolution 1844 (2008) as amended;

• 3. Recalls resolution 2664 (2022), which established a cross-cutting humanitarian exemption to asset freeze measures, including those imposed by paragraph 3 of resolution 1844 (2008), supersedes and replaces the humanitarian exemption relating to Somalia in paragraph 28 of resolution 2662 (2022);

B. Arms embargo on Al-Shabaab

• 4. Decides that all States shall, for the purposes of preventing Al-Shabaab and other actors intent on undermining peace and security in Somalia and th e region from obtaining weapons and ammunition, take the necessary measures to prevent all deliveries of weapons, ammunition and military equipment to Somalia, including prohibiting the financing of all acquisitions and deliveries of weapons, ammunition and military equipment, and further decides that these measures shall not apply to deliveries or supplies to the GFRS, the Somali National Army (SNA), the National Intelligence and Security Agency (NISA), the Somali National Police Force (SNPF) and the Somali Custodial Corps;

• 5. Takes note of the recent military operations against Al-Shabaab and encourages the GFRS and Somalia’s FMS and regional governments, with the support of partners as appropriate, to register all weapons, ammunition and military equipment captured or seized from Al-Shabaab and, with the assistance of the Panel as necessary, to investigate their origin;

• 6. Affirms that the GFRS, in cooperation with ATMIS, shall document and register all weapons, ammunition and military equipment, captured from Al-Shabaab as part of offensive operations, or in the course of carrying out their mandate, including:

  • a) recording the type, lot/batch and serial number of the weapon and/or ammunition;

  • b) photographing all items and relevant markings and/or headstamps;

  • c) facilitating inspection by the Panel of all captured weapons, ammunition and military items before their redistribution or destruction;

• 7. Calls on Member States to take reasonable steps to prevent smuggling of weapons and ammunition into Somalia;

C. Disrupting Al-Shabaab’s finances

• 8. Notes with concern Al-Shabaab’s ability to generate revenue and launder, store and transfer resources to carry out terrorism and destabilise Somalia and the region, and requests the GFRS, working with international partners as appropriate, to continue to develop a comprehensive plan to disrupt Al-Shabaab’s operations;

• 9. Calls upon the GFRS to continue working with the FMS, Somali financial authorities, private sector financial institutions and the international community to:

  • a) identify, assess and mitigate money laundering and terrorist financing risks by improving anti-money laundering and countering the financing of terrorism standards, legal, regulatory and institutional frameworks;

  • b) improve compliance, including Know Your Customer and customer due diligence procedures;

  • c) strengthen supervision and enforcement, in line with the Anti-Money Laundering and Countering the Financing of Terrorism Act (2016), as well as the Mobile Money Regulations (2019) and relevant Financial Action Task Force recommendations, and encourages collaboration with the telecoms sector to reduce the risk of exploitation of the mobile money sector by Al-Shabaab;

  • d) use Somalia’s Middle East and North Africa Financial Action Task Force Mutual Evaluation in 2024 to address priority areas relating to terrorist financing and money laundering risks;

  • e) prioritise the continued development of a secure and inclusive, national identification system that improves financial access while countering the financing of terrorism;

  • f) improve monitoring, reporting and investigations into money laundering and terrorist financing as required under the Anti-Money Laundering and Countering the Financing of Terrorism Act (2016); and,

  • g) develop a plan to mitigate the risks posed by Al-Shabaab to personnel working in anti-money laundering and counter terrorist financing roles within national competent authorities and the private sector, and a plan to protect those who share information relating to Al-Shabaab’s extortion tactics;

• 10. Calls upon the GFRS to improve collaboration and coordination among regulatory and law enforcement agencies and undertake coordinated and joint approaches to terrorist finance investigations and implement disruption strategies to counter-Al-Shabaab’s finances and its exploitation of the licit financial system;

• 11. Requests the GFRS, UNODC and the Panel to continue exchanging information about Al-Shabaab’s operations and to continue working with stakeholders to develop a plan to disrupt Al-Shabaab’s operations and exploitation of the licit financial system;

• 12. Notes UNODC’s coordination role in finalising and implementing the draft Roadmap for Enhanced Inter-Agency Cooperation to Combat Illicit Trade and its Effects, and encourages Somalia to work with UNODC to develop a plan to disrupt all illicit trade from which Al-Shabaab profits;

• 13. Welcomes regional and international cooperation to degrade the threat posed by Al-Shabaab, and encourages continued cooperation at the regional and international level to address the threat posed by Al-Shabaab to Somalia and the region, and encourages international cooperation with the United Nations Office of Counter-Terrorism Programme Office in Nairobi in its support for regional countries in their efforts to counter terrorism and violent extremism conducive to terrorism;

D. Charcoal Ban

• 14. Reaffirms its decision to ban the import and export of Somali charcoal, as set out in paragraph 22 of its resolution 2036 (2012), and paragraphs 11 to 21 of

  resolution 2182 (2014);

• 15. Welcomes measures taken by the GFRS, FMS and Member States to reduce the export of charcoal from Somalia, reiterates its requests that ATMIS support and assist Somalia in implementing the charcoal ban, and facilitate regular access for the Panel to charcoal exporting ports, and reaffirms the importance of the efforts of the UNODC and its international partners to monitor and disrupt the export and import of charcoal to and from Somalia;

• 16. Recalls paragraph 36 of resolution 2662 (2022), and welcomes the collaborative development of a plan to dispose of the charcoal stockpiles in and around Kismayo and encourages Somalia to continue to ensure the sustainable management of domestic charcoal production, with support from other partners, as appropriate;

• 17. Recalls its decision in resolution 2696 (2023) to authorise a one-off disposal of charcoal stockpiles in and around Kismayo, and requests:

  • a) the Panel and UNODC to continue to monitor the charcoal stockpiles and their movement to ensure the complete disposal does not trigger illicit production of charcoal; and,

  • b) the GFRS to continue to engage with the Committee throughout the disposal process, including sharing a final record of funds generated upon completion of the disposal process;

E. Reducing the threat posed by Improvised Explosive Devices (IEDs)

• 18. Reaffirms that all States shall prevent the direct or indirect sale, supply or transfer of the items in part I of Annex C to this resolution to Somalia from their territories or by their nationals outside their territories, or using their flag vessels or aircraft if there is sufficient evidence to demonstrate that the item(s) will be used, or a significant risk they may be used, in the manufacture in Somalia of improvised explosive devices;

• 19. Decides that:

  • a) prior to transferring any items in Part 1 of Annex C to Somalia, the supplying Member State of the items should notify the GFRS for its awareness;

  • b) where an item in part I of Annex C to this resolution is directly or indirectly sold, supplied or transferred to Somalia consistent with paragraph 19, the State shall notify the GFRS for its awareness and the Committee of the sale, supply or transfer no more than 15 working days after the sale, supply or transfer takes place, and stresses the importance that notifications pursuant to this paragraph contain all relevant information, including:

    • (i) purpose of the use of the item(s);

    • (ii) end user;

    • (iii) technical specifications;

    • (iv) quantity of the item(s); and

    • (v) intended storage location;

• 20. Encourages the GFRS to implement appropriate legislation to regulate and monitor the import and transit of items listed in parts I and II of Annex C, and calls upon Member States to support the GFRS in this objective;

• 21. Calls upon Member States to undertake appropriate measures to promote the exercise of vigilance by their nationals, persons subject to their jurisdiction and firms incorporated in their territory or subject to their jurisdiction that are involved in the sale, supply, or transfer of explosive precursors and materials to Somalia that may be used in the manufacture of improvised explosive devices, including, among other things, items in part II of Annex C, to keep records of transactions and share information with Somalia, the Committee and the Panel regarding suspicious purchases of or enquiries into these chemicals by individuals in Somalia and to ensure that Somalia is provided with adequate financial and technical assistance to establish appropriate safeguards for the storage and distribution of materials;

• 22. Encourages international and regional partners of Somalia to implement continued specialist training of Explosive Ordnance Disposal teams and to provide appropriate equipment and coordinate support to reinforce Somali capacity in the analysis of explosives and tracing the origin and chain of custody of IEDs and their components;

F. Maritime interdiction and maritime domain awareness

• 23. Decides to renew the provisions set out in paragraphs 15 and 17 of resolution 2182 (2014), and expanded by paragraph 5 of resolution 2607 (2021) to cover IED components, until 15 December 2024;

• 24. Encourages the UNODC, within its current mandate, under the Indian Ocean Forum on Maritime Crime, to support the GFRS to counter Al-Shabaab by:

  • a) bringing together relevant Member States and international organisations to enhance regional cooperation on responding to illicit maritime flows and disrupt all forms of trafficking in licit and illicit goods that may finance terrorist activities;

  • b) supporting Somalia to improve their maritime domain awareness and enforcement, including in relation to the role of fishing vessels in trafficking and illicit trade;

  • c) supporting the GFRS with fisheries protection and its enforcement capability demonstrator project;

  • d) supporting the GFRS by extending capacity building on law enforcement and counter-smuggling at ports; and,

  • e) engaging with shipping association representatives to discuss possible ways to make these measures more implementable and propose recommendations in its next briefing to the Committee in 2024;

G. Panel of Experts and Security Council Committee

• 25. Decides to renew, with effect from the date of adoption of this resolution, until 15 January 2025, the Panel, to henceforth be known as the Panel of Experts pursuant to resolution 2713 (2023), and that their mandate shall include the tasks referred to in paragraph 11 of resolution 2444 (2018), paragraphs 5, 11 and 17 to this resolution, requests the Secretary-General to include dedicated gender expertise, in line with paragraph 11 of its resolution 2467 (2019) and further requests the Panel to include gender as a cross-cutting issue in its investigations and reporting, and expresses its intention to review this mandate and take appropriate action regarding any extension and modification of this mandate, no later than 15 December 2024;

• 26. Recalls the importance of full co-operation between Member States and the Panel, requests the GFRS to facilitate for the Panel interviews of suspected members of Al-Shabaab and other persons of interest held in custody, notes the importance of the Panel carrying out their mandate in line with document S/2006/997, and requests the Panel to give recommendations to the Committee on how to support the GFRS in weapons and ammunition management and reduce smuggling of weapons and ammunition, including efforts towards establishing a National Small Arms and Light Weapons Commission and address sexual violence in conflict and the “six grave violations” against children, in line with S/2023/676;

• 27. Reiterates its request for the GFRS, Somalia’s FMS and regional governments, Member States, and ATMIS to provide information to the Panel, and assist them in their investigations; and,

  • a) requests the GFRS to facilitate, on the basis of written requests to the GFRS by the Panel, access for the Panel to armouries, imported weapons and ammunition, military storage facilities in SNA sectors and captured weaponry in Somali custody, and to allow photographs of weapons and ammunition in Somali custody and access to logbooks and distribution records;

  • b) encourages the Panel to coordinate closely with the Central Monitoring Department (CMD) on 27.a;

  • c) urges the GFRS, FMS, ATMIS and partners to share information with the Panel regarding conduct or activities, in particular on illicit flows of finances, weapons, ammunition and military equipment by Al-Shabaab and other actors intent on undermining peace and security in Somalia and the region, where covered by listing criteria for targeted sanctions;

• 28. Requests the Special Representative of the Secretary-General for Children and Armed Conflict and the Special Representative for Sexual Violence in Confli ct to share relevant information with the GFRS and the Committee in accordance with paragraph 7 of resolution 1960 (2010) and paragraph 9 of resolution 1998 (2011), and invites the Office of the United Nations High Commissioner for Human Rights to share relevant information with the GFRS and the Committee, as appropriate;

• 29. Requests the Panel to provide:

  • a) regular updates to the Committee, in collaboration with independent experts appointed to help the work of other sanctions committees if appropriate, including a minimum of three different thematic reports;

  • b) a comprehensive mid-term update; and

  • c) for the Security Council’s consideration through the Committee a final report by 15 October 2024;

  and urges the Panel to seek feedback from the Committee on the findings of their reporting;

• 30. Requests the Emergency Relief Coordinator to provide an update on the delivery of humanitarian assistance in Somalia and any impediments to its delivery by 15 October 2024; and from UNODC, an update on its work related to this resolution by 15 October 2024;

• 31. Decides that future briefings from the Chair of the Committee to the Security Council shall take place on an annual basis to align with the latest scheduled Somalia meeting before 15 December 2024 and further decides that henceforth the Committee shall cease being described as “pursuant to resolution 751 (1992)” and instead be described as “pursuant to resolution 2713 (2023)”;

H. Preventing Al-Shabaab from accessing weapons, ammunition and military equipment

• 32. Encourages the GFRS to share with the Committee a list of licenced private security companies operating in Somalia that shall be allowed to import weapons, ammunition and military equipment required for static and mobile protection;

• 33. Affirms that paragraph 4 does not apply to supplies of weapons, ammunition or military equipment intended solely for the support of, or use by:

  • a) GFRS;

  • b) SNA;

  • c) NISA;

  • d) SNPF; and,

  • e) the Somali Custodial Corps;

• 34. Decides that paragraph 4 shall not apply to supplies of weapons, ammunition or military equipment intended solely for the support of, or use by:

  • a) United Nations personnel, including UNSOM and UNSOS;

  • b) ATMIS and its Troop- and Police-Contributing Countries, as well as its strategic partners who are operating solely under the latest African Union Strategic Concept of Operations and in cooperation and coordination with ATMIS; and,

  • c) European Union training and support activities, Türkiye, the United Kingdom of Great Britain and Northern Ireland and the United States of America, as well as any other Member State forces, with a status of forces agreement or a memorandum of understanding with the GFRS, provided that they inform the Committee, for information purposes only, about the existence of such agreements;

• 35. Decides that paragraph 4 shall not apply to supplies of weapons, ammunition or military equipment intended solely for the support of, or use by:

  • a) Somalia’s FMS and regional governments; or

  • b) licenced private security companies operating in Somalia;

    except in relation to items in Annexes A and B to this resolution, which are subject to the procedures as set out in paragraphs 36 and 37 to this resolution;

• 36. Decides that deliveries of items in Annex A to this resolution to FMS and regional governments, or to licenced private security companies operating in Somalia, to provide security for international and commercial premises and personnel in Somalia, may be provided in the absence of a negative decision by the Committee within five working days of receiving a notification from the GFRS;

• 37. Decides that deliveries of items in Annex B to this resolution to FMS and regional governments, or to licenced private security companies operating in Somalia, to provide security for international and commercial premises and personnel in Somalia, are subject to notification to the Committee, for information only, at least five working days in advance by the GFRS;

• 38. Decides that all notifications should include:

  • a) details of the manufacturer and supplier of the weapons, ammunition and military equipment, including type, lot/batch and serial numbers;

  • b) a description of the arms and ammunition including the type, calibre and quantity;

  • c) proposed date and place of delivery; and

  • d) all relevant information concerning the intended destination unit, or the intended place of storage;

• 39. Decides that where paragraphs 36 or 37 apply, the GFRS shall, no later than 30 days after the delivery of weapons, ammunition and military equipment, submit to the Committee a post-delivery notification, for information only, in the form of written confirmation of the completion of any delivery, including: type, quantities, lot/batch and serial numbers for the weapons and military equipment delivered, shipping information, bill of lading, cargo manifests or packing lists, intended end – user and the specific place of storage;

• 40. Affirms that the GFRS has the primary responsibility to notify the Committee pursuant to paragraphs 36 and 37, of any deliveries of weapons, ammunition and military equipment to Somalia and stresses that all prospective suppliers of weapons and ammunition to Somalia should consult with the GFRS;

• 41. Affirms that to further avoid Al-Shabaab obtaining weapons and ammunition, weapons, ammunition and military equipment sold or supplied in accordance with paragraphs 33, 34, and 35 of this resolution shall not be resold to, transferred to, or made available for use by any individual or entity not in the service of the recipient to which it was originally sold or supplied, or the selling or supplying State or international, regional or sub-regional organisation and requests the Committee to share all notifications pertaining to paragraphs 36, 37 and 39 submitted to the Committee with the appropriate national coordinating body in Somalia, the Office of National Security, for their information;

• 42. Requests the Secretariat to support the GFRS’ dissemination efforts in relation to the control of arms, ammunition and related materiel in the local language, if necessary, within its existing resources;

• 43. Affirms its commitment to working with Somalia to ensure that the procedures set out in this resolution and Annexes A and B continue to be lifted progressively, and that it shall keep the situation under constant review and be prepared to review the appropriateness of the measures contained in this resolution, including any modification, suspension or lifting of the measures, as may be needed, in light of the progress achieved and compliance with this resolution;

• 44. Decides that paragraph 4 shall not apply to:

  • a) supplies of protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by United Nations personnel, representatives of the media, private security contractors and humanitarian and development workers and associated personnel for their personal use only;

  • b) the delivery of non-lethal military equipment by States, or international, regional or sub-regional organisations intended solely for humanitarian or protective use; and

  • c) entry into Somali ports for temporary visits of vessels carrying weapons and military equipment for defensive purposes provided that such items remain at all times aboard such vessels;

I. Reporting

• 45. Requests the following reports to the Security Council:

  • a) from the GFRS, in coordination and collaboration with Somalia’s FMS and regional governments as appropriate, including thorough the structures of the National Security Architecture, and in accordance with paragraph 9 of resolution 2182 (2014) and as requested in paragraph 7 of resolution 2244 (2015), by 1 May 2024 and then by 1 October 2024, reports which includes:

    • (i) a description of Somalia’s security and police institutions, and the status of regional and militia forces, as well as the infrastructure in place to ensure the safe storage, registration, maintenance and distribution of weapons, ammunition and military equipment, and any capacity building requirements in this regard;

    • (ii) a description of the procedures and codes of conduct in place for the registration, distribution, use and storage of weapons, and any capacity building requirements in this regard;

    • (iii) a consolidated list of the weapons, ammunition and military equipment imported in the reporting period, including: the manufacturer, type, calibre, and lot/batch and serial numbers;

    • (iv) the reports of the Joint Verification Team (JVT) requested in paragraph 7 of resolution 2182 (2014) and paragraph 37 of resolution 2551 (2020);

    • (v) an update summarising suspicious activity documented by domestic financial institutions, and investigations and actions undertaken by the Financial Reporting Centre to counter the financing of terrorism and in a manner so as to protect the confidentiality of sensitive information; and,

    • (vi) an update on specific actions taken by Somali Government authorities to counter the financing of terrorism;

  • b) from the Secretary-General:

    • (i) an update on progress against each indicator set out in the benchmarks contained with the technical assessment report (S/2022/698) by 15 October 2024, and requests that this assessment is:

      • 1. extended to all regions of Somalia where practicable, with specific recommendations and benchmarks as appropriate; and,

      • 2. elaborates an additional benchmark on the safe management of chemical precursors associated with IED manufacture and disposal;

  • c) from organisations and states listed in paragraph 34.c of this resolution, or subsequently added, by 15 November 2024, an update on the support provided to Somalia since the adoption of this resolution and a consolidated list of the weapons, ammunition and military equipment imported in the reporting period, including: the manufacturer, type, calibre, and lot/batch and serial numbers;

• 46. Encourages the Counterterrorism Committee Executive Directorate (CTED), including with initiatives such as “Tech Against Terrorism” to support the GFRS with analysis and reporting on the use of online platforms for terrorist purposes by Al-Shabaab, and work in collaboration with Member States in the region to facilitate capacity building in detecting and disrupting Al-Shabaab’s terrorist activities;

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

Annex A
– Items subject to a no-objection process³⁾

• 1. Surface to air missiles, including Man-Portable Air-Defence Systems (MANPADS);

• 2. Weapons with a calibre greater than 12.7 mm, and components specially designed for these, and associated ammunition;

  • a) Note: (This does not include shoulder fired anti-tank rocket launchers such as RPGs or LAWs (light anti-tank weapon), recoilless rifles, rifle grenades, or grenade launchers.);

• 3. Mortars with a calibre greater than 82 mm and associated ammunition;

• 4. Anti-tank guided weapons, including Anti-tank Guided Missiles (ATGMs) and ammunition and components specially designed for these items;

• 5. Charges and devices specifically designed or modified for military use; mines and related materiel; and fuses;

• 6. Weapon sights with a night vision capability, including thermal and infrared, and accessories;

• 7. Fixed wing, swivel wing, tilt rotor or tilt wing aircraft, specifically designed or modified for military use;

• 8. ‘Vessels’ and amphibious vehicles specifically designed or modified for military use;

  • a) Note: ‘Vessel’ includes any ship, surface effect vehicle, vessel of small waterplane area or hydrofoil and the hull or part of the hull of a vessel;

• 9. Uncrewed combat aerial vehicles (listed as Category IV in the UN Register of Conventional Arms).

Annex B
– Items requiring advance notification (for information only)⁴⁾

• 1. All types of weapons with a calibre up to 12.7mm and associated ammunition;

• 2. RPG-7, LAWs (light anti-tank weapons) and recoilless rifles, and associated ammunition;

• 3. Weapon sights;

• 4. Rotor wing or helicopters specifically designed or modified for military use;

• 5. Body armour or protective garments, as follows:

  • a) Hard body armour plates providing ballistic protection equal to or greater than level III (NIJ 0101.06 July 2008) or national equivalents;

• 6. Ground vehicles specifically designed or modified for military use;

• 7. Communication equipment specifically designed or modified for military use.

Annex C
– Improvised Explosive Devices (IED) Components

Explosive materials, explosives precursors, explosive-related equipment, and related technology

Part I⁵⁾

• 1. Explosive materials and precursors, as follows, and mixtures containing one or more thereof:

  • a) Nitrocellulose (containing more than 12.5% nitrogen w/w);

  • b) Trinitrophenylmethylnitramine (tetryl);

  • c) Nitroglycerin (except when packaged/prepared in individual medicinal doses);

  • d) Nitric acid;

  • e) Sulphuric acid;

• 2. Explosive-related goods:

  • a) Equipment and devices specially designed to initiate explosives by electrical or non-electrical means (e.g. firing sets, detonators, igniters, detonating chord);

  • b) “Technology” required for the “production” or “use” of the items listed at paragraphs 1 and 2.a;

Part II

• 1. Explosive materials, as follows, and mixtures containing one or more thereof:

  • a) Ammonium Nitrate Fuel Oil (ANFO);

  • b) Nitroglycol;

  • c) Pentaerythritol tetranitrate (PETN);

  • d) Picryl chloride;

  • e) 2,4,6-Trinitrotoluene (TNT);

• 2. Explosives precursors:

  • a) Ammonium nitrate;

  • b) Potassium nitrate;

  • c) Sodium chlorate;

• 3. Dual use items identified by the Panel:

  • a) Alarm systems with disturbance sensors, including motorcycle alarms;

  • b) Learning code receivers.

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Op 1 december 2023 heeft de Veiligheidsraad van de Verenigde Naties tijdens zijn 9491^e zitting Resolutie 2714 (2023) inzake Somalië aangenomen. De Engelse tekst van de resolutie luidt:

Resolution 2714 (2023)
Adopted by the Security Council at its 9491st meeting, on 1 December 2023

The Security Council,

Recalling all its previous resolutions and statements of its President on the situation in Somalia,

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

Highlighting its decision in this resolution to fully lift the arms embargo on the Federal Republic of Somalia established under resolution 733 (1992) as amended,

Emphasising, for the avoidance of doubt, that there is no arms embargo on the Government of the Federal Republic of Somalia (GFRS),

Emphasising that effective weapons and ammunition management in Somalia will:

• a) reduce the ability of Al-Shabaab, and other actors intent on undermining

  peace and security in Somalia and the region, to obtain weapons and ammunition,

• b) improve the ability of the GFRS and Somalia’s Federal Member States and regional governments to analyse and understand the origins of weapons and ammunition captured from Al-Shabaab or other actors, and,

• c) reduce the threat to peace and security posed by terrorists, in Somalia and neighbouring states,

Welcoming the technical assessments of the weapons and ammunition management capability of Somalia (S/2022/698 and S/2023/676), and the benchmarks proposed following the technical assessment, commending Somalia for the progress made, especially with regards to weapons management, and urging continued progress against the indicators,

Underlining the responsibility of the GFRS to ensure the safe and effective management, storage and security of their stockpiles of weapons, ammunition and other military equipment and their distribution, urging the GFRS to continue to codify and implement weapons and ammunition management policies and regulations, including continued development of an accountable weapons distribution and tracing system for all Somali security and police institutions,

Welcoming the GFRS’ establishment of the Central Monitoring Department (CMD) to provide coordination, oversight, assurance and monitoring of the delivery, marking, circulation and audit of weapons and ammunition across Somalia with support and advice from Member States,

Expressing concern about the number of safe ammunition storage facilities in Somalia, and encouraging the construction, refurbishment and use of safe ammunition depots across Somalia,

Encouraging the international community to provide specialised, long-term training and capacity-building on weapons and ammunition management, including: the safe storage of materiel sold, supplied or transferred to Somalia, tracing and analysis of captured/seized weapons, ammunition and military equipment and improvised explosive devices (IEDs),

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

• 1. Recalls paragraph 5 of resolution 733 (1992) which established a general and complete embargo on all deliveries of weapons and military equipment to Somalia as amended by subsequent resolutions, and, recognising the progress made against the benchmarks endorsed in resolution 2662 (2022), decides to lift the arms embargo established in resolution 733 (1992) as amended;

• 2. Recalls resolution 2713 (2023) which established a general and complete embargo on all deliveries of weapons and military equipment to Al-Shabaab in Somalia;

• 3. Calls upon the GFRS to continue to:

  • a) implement the National Weapons and Ammunition Management Strategy;

  • b) establish an ammunition accounting system, and build sufficient armouries and ammunition storage areas to strengthen the capacity of stockpile management;

  • c) promote further professionalisation, training and capacity-building of all Somali security and police institutions;

  • d) implement action plans to strengthen screening and accountability mechanisms;

  • e) take all measures necessary to ensure that weapons, ammunition and military equipment imported for use by the GFRS, Somali National Army, Somali National Police Force, the National Intelligence and Security Agency and the Somali Custodial Corps, as well as licenced private security companies are not resold to, transferred to, or made available for use by any individual or entity not in the service of the FGRS; and,

  • f) implement Somalia’s responsibilities pursuant to resolution 2713 (2023);

• 4. Requests UNMAS, in collaboration with partners, to continue to:

  • a) provide technical advice and capacity-building support to assist Somalia with the implementation of the National Weapons and Ammunition Management Strategy and associated action plan;

  • b) provide coordination and strategic advice to the GFRS to support the development of national policies, plans and guidelines to counter the threat of IEDs and to support a coordinated response to mine action needs throughout Somalia, including assistance to victims;

• 5. Calls upon the international community to continue to provide additional support to develop weapons and ammunition management capacity in Somalia, including at the federal and local level, with a particular focus on weapons and ammunition storage, technical assistance, and capacity-building on marking, recordkeeping, tracing and disposal, and encourages partners to coordinate their efforts to support Somalia in implementing the requirements of this resolution.

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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 negende februari 2024.

De Minister van Buitenlandse Zaken, H.G.J. BRUINS SLOT

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1) For the purposes of this resolution Somalia’s Federal Member States and regional governments are: Galmudug, Hirshabelle, Jubaland, Puntland, South West, and Banadir and “Somaliland”.

3) (Not applicable to the Government of the Federal Republic of Somalia, the Somali National Army, the Somali National Intelligence and Security Agency, the Somali National Police Force and the Somali Custodial Corps).

4) (Not applicable to the Government of the Federal Republic of Somalia, the Somali National Army, the Somali National Intelligence and Security Agency, the Somali National Police Force and the Somali Custodial Corps).

5) To be notified to Government of the Federal Republic of Somalia in advance of intended shipment.