17 June 2011
Security Council
SC/10285/Rev. 1**

Department of Public Information • News and Media Division • New York

Security Council

6557th Meeting* (PM)


In Move Designed to Keep Pace with Evolving Security Situation in Afghanistan,


Defeat Terrorism, Security Council Splits Al-Qaida, Taliban Sanctions Regime


In Two Resolutions, Council Extends Ombudsperson’s Term for 18 Months

To Oversee Al-Qaida List, Creates New Committee to Manage Taliban List


Recognizing that some members of the Taliban in Afghanistan had rejected the terrorist ideology of Al-Qaida and joined in the Government reconciliation process, the Security Council this afternoon decided to separate the sanctions regime on the two groups, as it created an additional mechanism to manage the new regime and extended existing ones for an additional 18 months.


Unanimously adopting resolution 1988 (2011) under Chapter VII of the United Nations Charter, the Council decided that those persons and entities previously designated as the Taliban shall no longer be kept on the Consolidated List maintained by the Security Council Committee established pursuant to resolution 1267 (1999) concerning Al-Qaida and the Taliban.


Instead, those Taliban “constituting a threat to the peace, stability and security of Afghanistan” would be on a separate list, as designated by a new Committee, also established by the resolution, and supported by the 1267 Monitoring Team for the next 18 months, and in consultation with the Government of Afghanistan.


Through resolution 1989 (2011), also a Chapter VII text, adopted in the same meeting, the Council extended the mandate of the Office of the Ombudsperson — first established by resolution 1904 (2009) to aid in the consideration of requests by individuals and organizations seeking removal from the Consolidated List of the Al‑Qaida and Taliban Sanctions Committee — for a further 18 months to continue to receive requests from individuals and entities from the Al-Qaida sanctions list.


Through today’s text, the Council further defined the process for the presentation of recommendations of the Ombudsperson to the so-called “1267” Committee, and puts time limits on the considerations for de-listing.


The Al‑Qaida and Taliban Sanctions Committee was established in 1999 with the adoption of resolution 1267 for the purpose of overseeing the implementation of sanctions measures imposed on Taliban-controlled Afghanistan for its support of Usama bin Laden.  The sanctions regime had been modified and strengthened by several subsequent resolutions leading to its application to designated individuals and entities associated with Al-Qaida, Usama bin Laden and/or the Taliban, wherever located, with built-in reviews of its effectiveness in place.


The two new resolutions describe the respective sanctions regimes, with resolution 1989 detailing measures against Al-Qaida members and associates, and resolution 1988 describing measures against Taliban deemed to pose a threat.  Both regimes retain the travel ban, arms embargo and assets freeze of the previously unified 1267 regime.


Following the votes, the representatives of the United States, Germany, India, France, Portugal and the United Kingdom took the floor to welcome the actions, saying that distinguishing between Al-Qaida and the Taliban was an acknowledgement that the terrorist threat had evolved, and the distinct regimes presented a means of separating extremists from those who might participate in the Afghan reconciliation process.


They said that establishing a country-specific regime for Afghanistan, with that country’s Government given a role in listing and de-listing, sent a strong gesture of support to that Government’s efforts in dialogue and reconciliation, while continuing the fight against those who threatened international peace and security.


The actions ensured that measures against both groups could be kept as relevant as possible, retaining the support of the international community, they added, applauding the strengthening of the Ombudsperson’s Office as a means to ensure greater transparency, credibility and fairness in the listing and de-listing process.


In regard to those listing and de-listing issues, India’s representative warned of possible negative effects on other sanctions regimes, maintaining that political pressures should not dilute the legal regime against terrorism.  Portugal’s representative said he had expected stronger wording on the time limits for consideration of de-listing, as well as additional changes in the Ombudsperson’s role.


The representative of the Russian Federation said that efforts to make listing and de-listing more effective and rapid were crucial, but the international community must not slacken its efforts in fighting terrorism.


The meeting started at 3:20 p.m. and ended at 3:50 p.m.


Resolutions


The full text of resolution 1988 (2011) read as follows:


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) and the relevant statements of its President,


Recalling its previous resolutions extending through 22 March 2012 the mandate of the United Nations Assistance Mission in Afghanistan (UNAMA) as established by resolution 1974 (2011),


Reaffirming that the situation in Afghanistan still constitutes a threat to international peace and security, and expressing its strong concern about the security situation in Afghanistan, in particular the ongoing violent and terrorist activities by the Taliban, Al-Qaida, illegal armed groups, criminals and those involved in the narcotics trade, and the strong links between terrorism activities and illicit drugs, resulting in threats to the local population, including children, national security forces and international military and civilian personnel,


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


Stressing the importance of a comprehensive political process in Afghanistan to support reconciliation among all Afghans, and recognizing there is no purely military solution that will ensure the stability of Afghanistan,


Recalling the Government of Afghanistan’s strong desire to seek national reconciliation, as set forth in the Bonn Agreement (2001), the London Conference (2010), and the Kabul Conference (2010),


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


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


Recalling that the conditions for reconciliation, open to all Afghans, laid forth in the 20 July 2010 Kabul Communiqué, supported by the Government of Afghanistan and the international community, include the renunciation of violence, no links to international terrorist organizations, and respect for the Afghan Constitution, including the rights of women and persons belonging to minorities,


Stressing the importance of all individuals, groups, undertakings and entities participating, by any means, in the financing or support of acts or activities of those previously designated as the Taliban, as well as those individuals, groups, undertakings and entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan, accepting the Government of Afghanistan’s offer of reconciliation,


Taking note of the Government of Afghanistan’s request that the Security Council support national reconciliation by removing Afghan names from the UN sanctions lists for those who respect the conditions for reconciliation, and, therefore, have ceased to engage in or support activities that threaten the peace, stability and security of Afghanistan,


Welcoming the results of the Consultative Peace Jirga held on 6 June 2010, in which 1,600 Afghan delegates, representing a broad cross-section of all Afghan ethnic and religious groups, government officials, religious scholars, tribal leaders, civil society, and Afghan refugees residing in Iran and Pakistan, discussed an end to insecurity and developed a plan for lasting peace in the country,


Welcoming the establishment of the High Peace Council and its outreach efforts both within and outside Afghanistan,


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


Reiterating its support for the fight against illicit production and trafficking of drugs from, and chemical precursors to, Afghanistan, in neighbouring countries, countries on trafficking routes, drug destination countries and precursors producing countries,


Expressing concern at the increase in incidents of kidnapping and hostage-taking with the aim of raising funds, or gaining political concessions, and expressing the need for this issue to be addressed,


Reiterating the need to ensure that the present sanctions regime contributes effectively to ongoing efforts to combat the insurgency and support the Government of Afghanistan’s work to advance reconciliation in order to bring about peace, stability, and security in Afghanistan, and considering the 1267 Committee’s deliberations on the recommendation of the 1267 Monitoring Team in its Eleventh Report to the 1267 Committee that Member States treat listed Taliban and listed individuals and entities of Al-Qaida and its affiliates differently in promoting peace and stability in Afghanistan,


Reaffirming international support for Afghan-led reconciliation efforts, and expressing its intention to give due regard to lifting sanctions on those who reconcile,


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


Measures


“1.   Decides that all States shall take the following measures with respect to individuals and entities designated prior to this date as the Taliban, and other individuals, groups, undertakings and entities associated with them, as specified in section A (“Individuals associated with the Taliban”) and section B (“entities and other groups and undertaking associated with the Taliban”) of the Consolidated List of the Committee established pursuant to resolution 1267 (1999) and 1333 (2000) as of the date of adoption of this resolution, 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, (hereafter known as “the List”):


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


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


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


“2.   Decides that those previously designated as the Taliban, and other individuals groups, undertakings and entities associated with them, whose names were inscribed in sections A (“Individuals associated with the Taliban”) and section B (“entities and other groups and undertakings associated with the Taliban”) of the Consolidated List maintained by the Security Council Committee established pursuant to resolution 1267 (1999) concerning Al-Qaida and the Taliban and associated individuals and entities on the date of adoption of this resolution shall no longer be a part of the Consolidated List, but shall henceforth be on the List described in paragraph 1, and decides further that all States shall take the measures set forth in paragraph 1 against these listed individuals, groups, undertakings and entities;


“3.   Decides that the acts or activities indicating that an individual, group, undertaking, or entity is eligible for designation under paragraph 1 include:


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


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


(c)   Recruiting for; or


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


“4.   Affirms that any undertaking or entity owned or controlled, directly or indirectly by, or otherwise supporting, such an individual, group, undertaking or entity on the List, shall be eligible for designation;


“5.   Notes that such means of financing or support include but are not limited to the use of proceeds derived from illicit cultivation, production and trafficking of narcotic drugs and their precursors originating in and transiting through Afghanistan;


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


“7.   Confirms further that the requirements in paragraph 1 (a) above shall also apply to the payment of ransoms to individuals, groups, undertakings or entities on the 1988 Sanctions List;


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


“9.   Decides that all Member States may make use of the provisions set out in paragraphs 1 and 2 of resolution 1452 (2002), as amended by resolution 1735 (2006) regarding available exemptions with regard to the measures in paragraph 1 (a), and encourages their use by Member States;


Listing


“10.  Encourages all Member States to submit to the Committee established under paragraph 30 below (“the Committee”) for inclusion on the List names of individuals, groups, undertakings and entities participating, by any means, in the financing or support of acts or activities described in paragraph 3 above;


“11.  Decides that, when proposing names to the Committee for inclusion on the List, Member States shall provide the Committee with 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;


“12.  Decides that, when proposing names to the Committee for inclusion on the List, Member States shall also provide a detailed statement of case, and 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 13 below;


“13.  Directs the Committee, with the assistance of the Monitoring Team and in coordination with the relevant designating States, to make accessible on the Committee’s website, at the same time a name is added to the List, a narrative summary of reasons for listing for the corresponding entry or entries;


“14.  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 designation and provide additional material for the narrative summary of reasons for listing described in paragraph 13;


“15.  Requests the Secretariat to publish on the Committee’s website all relevant publicly releasable information, including the narrative summary of reasons for listing, immediately after a name is added to the List, and highlights the importance of making the narrative summary of reasons for listing available in all official languages of the United Nations in a timely manner;


“16.  Calls upon Member States, when considering the proposal of a new designation, to consult with the Government of Afghanistan on the designation prior to submission to the Committee, where appropriate, and encourages all Member States considering the proposal of a new designation to seek advice from UNAMA, where appropriate;


“17.  Decides that the Committee shall, after publication but within three working days after a name is added to the List, notify the Government of Afghanistan, the Permanent Mission of Afghanistan, and the Permanent Mission of the State(s) where the individual or entity is believed to be located and, in the case of non-Afghan individuals or entities, the State(s) of which the person is believed to be a national;


De-listing


“18.  Directs the Committee to remove expeditiously individuals and entities on a case-by-case basis that no longer meet the listing criteria outlined in paragraph 3 above, and requests that the Committee give due regard to requests for removal of individuals that meet the reconciliation conditions agreed to by the Government of Afghanistan and the international community, which include the renunciation of violence, no links to international terrorist organizations, including Al-Qaida, or any cell, affiliate, splinter group, or derivative thereof, and respect for the Afghan Constitution, including the rights of women and persons belonging to minorities;


“19.  Calls upon Member States to coordinate their de-listing requests, as appropriate, with the Government of Afghanistan to ensure coordination with the Government of Afghanistan’s peace and reconciliation efforts;


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


“21.  Encourages UNAMA to support and facilitate cooperation between the Government of Afghanistan and the Committee to ensure that the Committee has sufficient information to consider de-listing requests, and directs the Committee established pursuant to paragraph 30 of this resolution to consider de-listing requests in accordance with the following principles, where relevant:


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


(b)   De-listing requests concerning individuals who formerly held positions in the Taliban regime prior to 2002 who no longer meet the listing criteria outlined in paragraph 3 of this resolution should, if possible, include a communication from the Government of Afghanistan confirming that the individual is not an active supporter of, or participant in, acts that threaten the peace, stability and security of Afghanistan, as well as current address and contact information;


(c)   De-listing requests for reportedly deceased individuals should include an official statement of death from the state of nationality, residence, or other relevant state;


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


“23.  Directs the Committee to consider expeditiously any information indicating that a de-listed individual has returned to activities set forth in paragraph 3, including by engaging in acts inconsistent with the reconciliation conditions outlined in paragraph 18 of this resolution, and requests the Government of Afghanistan or other Member States, where appropriate, to submit a request to add that individual’s name back on the list;


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


Review and Maintenance of the List


“25.  Recognizes that the ongoing conflict in Afghanistan, and the urgency that the Government of Afghanistan and the international community attach to a peaceful political solution to the conflict, requires timely and expeditious modifications to the List, including the addition and removal of individuals and entities, urges the Committee to decide on de-listing requests in a timely manner, requests the Committee to review each entry on the list on a regular basis, including, as appropriate, by means of reviews of individuals considered to be reconciled, individuals whose entries lack identifiers, individuals reportedly deceased, and entities reported or confirmed to have ceased to exist, directs the Committee to establish guidelines for such reviews accordingly, and requests the Monitoring Team to circulate to the Committee every six months:


(a)   A list of individuals on the List whom the Afghan Government considers to be reconciled along with relevant documentation as outlined in paragraph 21 (a);


(b)   A list of individuals and entities on the List whose entries lack identifiers necessary to ensure effective implementation of the measures imposed upon them; and


(c)   A list of individuals on the List who are reportedly deceased and entities that are reported or confirmed to have ceased to exist, along with the documentation requirements outlined in paragraph 21 (c);


“26.  Urges the Committee to ensure that there are fair and clear procedures for the conduct of its work, and directs the Committee to establish guidelines accordingly, as soon as possible, in particular with respect to paragraphs 9, 10, 11, 12, 17, 20, 21, 24, 25, and 27;


“27.  Encourages Member States and relevant international organizations to send representatives to meet with the Committee to share information and discuss any relevant issues, and welcomes periodic briefings from the Government of Afghanistan on the impact of targeted sanctions on deterring threats to the peace, stability and security of Afghanistan, as well as to support Afghan-led reconciliation;


Cooperation with Government of Afghanistan


“28.  Encourages continued cooperation amongst the Committee, the Government of Afghanistan, and UNAMA, including by identifying and providing detailed information regarding individuals and entities participating in the financing or support of acts or activities set forth in paragraph 3 of this resolution, and by inviting UNAMA representatives to address the Committee;


“29.  Welcomes the Government of Afghanistan’s desire to assist the Committee in the coordination of listing and de-listing requests and in the submission of all relevant information to the Committee;


New Sanctions Committee


“30.  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 (herein “the Committee”), to undertake the following tasks:


(a)   To consider listing requests, de-listing requests and proposed updates to the existing information relevant to the List referred to in paragraph 1;


(b)   To consider listing requests, de-listing requests and proposed updates to the existing information relevant to section A (“Individuals associated with the Taliban”) and section B (“entities and other groups and undertakings associated with the Taliban”) of the Consolidated List that were pending before the Committee established pursuant to resolution 1267 (1999) concerning Al-Qaida and the Taliban and associated individuals and entities as of the date of adoption of this resolution;


(c)   To update regularly the List referred to in paragraph 1;


(d)   To make accessible on the Committee’s website narrative summaries of reasons for listing for all entries on the List;


(e)   To review the names on the List;


(f)   To make periodic reports to the Council on information submitted to the Committee regarding the implementation of the resolution, including regarding non-compliance with the measures imposed by the resolution;


(g)   To ensure that fair and clear procedures exist for placing individuals and entities on the List and for removing them as well as for granting humanitarian exemptions;


(h)   To examine the reports presented by the Monitoring Team


(i)   To monitor implementation of the measures imposed in paragraph 1;


(j)   To consider requests for exemptions in accordance with paragraph 1 and 9;


(k)   To establish such guidelines as may be necessary to facilitate the implementation of the measures imposed above;


(l)   To encourage a dialogue between the Committee and interested Member States, in particular those in the region, including by inviting representatives of such States to meet with the Committee to discuss implementation of the measures;


(m)   To seek from all States whatever information it may consider useful regarding the actions taken by them to implement effectively the measures imposed above; and


(n)   To examine and take appropriate action on information regarding alleged violations or non-compliance with the measures contained in this resolution;


(o)   To facilitate, through the Monitoring Team and specialized UN agencies, assistance in capacity building for enhancing implementation of the measures, upon request by Member States;


(p)   To cooperate with other relevant Security Council Sanctions Committees, in particular the Committee established pursuant to resolution 1267 (1999).


Monitoring Team


“31.  Decides, in order to assist the Committee in fulfilling its mandate, that the 1267 Monitoring Team, established pursuant to paragraph 7 of resolution 1526 (2004), shall also support the Committee for a period of 18 months, with the mandate set forth in annex I of this resolution, and requests the Secretary-General to make any necessary arrangements to this effect;


Coordination and Outreach


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


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


Reviews


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


“35.  Decides to remain actively seized of the matter.”


Resolution 1988 Annex I


In accordance with paragraph 31 of this resolution, the Monitoring Team shall operate under the direction of the Committee established pursuant to resolution 1988 (2011) and shall have the following responsibilities:


(a)   To submit, in writing, two comprehensive, independent reports to the Committee, one by 31 March 2012, and the second by 31 October 2012, 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 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 program 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;


(e)   To assist the Committee with its analysis of non-compliance with the measures referred to in paragraph 1 of this resolution by collating information collected from Member States and submitting case studies, both on its own initiative and upon the Committee’s request, to the Committee 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 13;


(h)   To bring to the Committee’s attention new or noteworthy circumstances that may warrant a de-listing, 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 program 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 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;


(l)   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;


(m)   To consult with Member States and other relevant organizations and bodies, including UNAMA, 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 contained in the Monitoring Team’s reports referred to in paragraph (a) of this annex;


(n)   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;


(o)   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;


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


(q)   To work with INTERPOL and Member States to obtain photographs of listed individuals for possible inclusion in INTERPOL Special Notices;


(r)   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);


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


(t)   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;


(u)   To submit to the Committee within 90 days a written report and recommendations on linkages between those individuals, groups, undertakings, and entities eligible for designation under paragraph 1 of this resolution and Al-Qaida, with a particular focus on entries that appear on both the Al-Qaida Sanctions List and the List referred to in paragraph 1 of this resolution, and thereafter submit such a report and recommendations periodically.


(v)   Any other responsibility identified by the Committee.


The full text of resolution 1989 (2011) reads as follows:


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) and 1988 (2011) 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 and other individuals, groups, undertakings and entities associated with it, 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,


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


Recalling the presidential statement of the Security Council (S/PRST/2011/9) of 2 May 2011 which notes that Usama bin Laden will no longer be able to perpetrate acts of terrorism,


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, refugee and 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,


Expressing concern at the increase in incidents of kidnapping and hostage-taking by terrorist groups with the aim of raising funds, or gaining political concessions, and expressing the need for this issue to be addressed,


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, and stressing in this regard the need for robust implementation of the measures in paragraph 1 of this resolution as a significant tool in combating terrorist activity,


Urging all Member States to participate actively in maintaining and updating the list created pursuant to resolutions 1267 (1999) and 1333 (2000) (“the Consolidated List”) by contributing additional information pertinent to current listings, submitting de-listing 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,


Reminding the Committee established pursuant to resolution 1267 (1999) (“the Committee”) to remove expeditiously and on a case-by-case basis individuals and entities that no longer meet the criteria for listing outlined in this resolution,


Recognizing the challenges, both legal and otherwise, to the measures implemented by Member States under paragraph 1 of this resolution, welcoming improvements to the Committee’s procedures and the quality of the Consolidated List, and expressing its intent to continue efforts to ensure that procedures are fair and clear,


Welcoming in particular the successful completion of the review of all names on the Consolidated List pursuant to paragraph 25 of resolution 1822 (2008) and the significant progress made to enhance the integrity of the Consolidated List,


Welcoming the establishment of the Office of the Ombudsperson pursuant to resolution 1904 (2009) and the role it has performed since its establishment, noting the Ombudsperson’s important role in improving fairness and transparency, 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, in accordance with its mandate and recalling also the Presidential Statement of the Security Council (S/PRST/2011/5) of 28 February 2011,


Reiterating 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,


Welcoming the second review in September 2010 by the General Assembly of the United Nations Global Counter-Terrorism Strategy (A/60/288) of 8 September 2006 and the creation of the Counter-Terrorism Implementation Task Force (CTITF) to ensure overall coordination and coherence in the counter-terrorism efforts of the United Nations system,


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 UN bodies, and encouraging further engagement with the CTITF to ensure overall coordination and coherence in the counter-terrorism efforts of the UN system,


Recognizing the need to take measures to prevent and suppress the financing of terrorism and terrorist organizations, including from the proceeds of organized crime, inter alia, the illicit production and trafficking of drugs and their chemical precursors, and the importance of continued international cooperation to that aim,


Noting with concern the continued threat posed to international peace and security by Al-Qaida and other individuals, groups, undertakings and entities associated with it, and reaffirming its resolve to address all aspects of that threat, and considering the 1267 Committee’s deliberations on the recommendation of the 1267 Monitoring Team in its Eleventh Report to the 1267 Committee that Member States treat listed Taliban and listed individuals and entities of Al-Qaida and its affiliates differently,


Notingthat, in some instances, certain individuals, groups, undertakings, and entities that meet the criteria for listing set forth in paragraph 3 of resolution 1988 (2011) may also meet the criteria for listing set forth in paragraph 4 of this resolution,


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


Measures


“1.   Decides that all States shall take the measures as previously imposed by paragraph 8 (c) of resolution 1333 (2000), and paragraphs 1 and 2 of resolution 1390 (2002), with respect to Al-Qaida and other individuals, groups, undertakings and entities associated with them, including those referred to in section C (“Individuals associated with Al-Qaida”) and section D (“Entities and other groups and undertakings associated with Al-Qaida”) of the Consolidated List established pursuant to resolutions 1267 (1999) and 1333 (2000), as well as those designated after the date of adoption of this resolution, which shall henceforth be known as the Al-Qaida Sanctions List”):


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


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


(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.   Notes that, pursuant to resolution 1988 (2011), the Taliban, and other individuals, groups, undertakings and entities associated with them, as previously included in sections A (“Individuals associated with the Taliban) and section B (“Entities and other groups and undertaking associated with the Taliban”) of the Consolidated List established pursuant to resolutions 1267 (1999) and 1333 (2000) are not governed by this resolution and decides that henceforth the Al-Qaida Sanctions List shall include only the names of those individuals, groups, undertakings and entities associated with Al-Qaida;


“3.   Directs the Committee to transmit to the Committee established pursuant to resolution 1988 all listing submissions, de-listing requests and proposed updates to the existing information relevant to section A (“Individuals associated with the Taliban”) and section B (“entities and other groups and undertakings associated with the Taliban”) of the Consolidated List that were pending before the Committee as of the date of adoption of this resolution, so that the Committee established pursuant to resolution 1988 can consider those matters in accordance with resolution 1988;


“4.   Reaffirms that acts or activities indicating that an individual, group, undertaking, or entity is associated with Al-Qaida 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 or any cell, affiliate, splinter group or derivative thereof;


“5.   Further reaffirms 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 shall be eligible for designation;


“6.   Confirms that the requirements in paragraph 1(a) above apply to financial and economic resources of every kind, including but not limited to those used for the provision of Internet hosting or related services, used for the support of Al‑Qaida and other individuals, groups, undertakings, or entities associated with it;


“7.   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;


“8.   Confirms further that the requirements in paragraph 1 (a) above shall also apply to the payment of ransoms to individuals, groups, undertakings or entities on the Al-Qaida Sanctions List;


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


“10.  Encourages Member States to make use of the provisions regarding available exemptions to the measures in paragraph 1 (a) above, set out in paragraphs 1 and 2 of resolution 1452 (2002), as amended by resolution 1735 (2006), and directs the Committee to review the procedures for exemptions as set out in the Committee’s guidelines to facilitate their use by Member States and to continue to ensure that exemptions are granted expeditiously and transparently;


“11.  Directs the Committee to cooperate with other relevant Security Council Sanctions Committees, in particular that established pursuant to resolution 1988 (2011);


Listing


“12.  Encourages all Member States to submit to the Committee for inclusion on the 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 Al-Qaida, and other individuals, groups, undertakings and entities associated with it, as described in paragraph 2 of resolution 1617 (2005) and reaffirmed in paragraph 4 above;


“13.  Reaffirms that, when proposing names to the Committee for inclusion on the Al-Qaida Sanctions List, Member States shall act in accordance with paragraph 5 of resolution 1735 (2006) and paragraph 12 of resolution 1822 (2008), and provide a detailed statement of case, and decides further that the statement of case shall be releasable, upon request, except for the parts a Member State identifies as being confidential to the Committee, and may be used to develop the narrative summary of reasons for listing described in paragraph 16 below;


“14.  Decides that Member States proposing a new designation, as well as Member States that have proposed names for inclusion on the Al-Qaida Sanctions List before the adoption of this resolution, shall specify whether the Committee, or the Ombudsperson, or the Secretariat or Monitoring Team on its behalf, may make known the Member State’s status as a designating State; and strongly encourages designating States to respond positively to such a request;


“15.  Decides that Member States, when proposing names to the Committee for inclusion on the Al-Qaida Sanctions List shall use the standard form for listing, and provide the Committee with 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 directs the Committee to update, as necessary, the standard form for listing in accordance with the provisions of this resolution; and further directs the Monitoring Team to report to the Committee on further steps that could be taken to improve identifying information;


“16.  Welcomes efforts by 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 Al‑Qaida Sanctions List, a narrative summary of reasons for listing for the corresponding entry or entries, and directs the Committee, with the assistance of the Monitoring Team and in coordination with the relevant designating States, to continue its efforts to make accessible on the Committee’s website narrative summaries of reasons for all listings;


“17.  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;


“18.  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 designation and provide additional material for the narrative summary of reasons for listing described in paragraph 16;


“19.  Reaffirms that the Secretariat shall, after publication but within 3 working days after a name is added to the Al-Qaida Sanctions List, notify the Permanent Mission of the country or countries where the individual or entity is believed to be located and, in the case of individuals, the country of which the person is a national (to the extent this information is known), in accordance with paragraph 10 of resolution 1735 (2006), 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 Al-Qaida Sanctions List, and highlights the importance of making the narrative summary of reasons for listing available in all official languages of the United Nations in a timely manner;


“20.  Reaffirms further the provisions in paragraph 17 of resolution 1822 (2008) regarding 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 designation and to include with this notification the narrative summary of reasons for listing, a description of the effects of designation, as provided in the relevant resolutions, the Committee’s procedures for considering de-listing requests, including the possibility of submitting such a request to the Ombudsperson in accordance with paragraph 20 and annex II of this resolution, and the provisions of resolution 1452 (2002) regarding available exemptions;


De-listing/Ombudsperson


“21.  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 18 months from the date of adoption of this resolution, and decides that the Ombudsperson shall continue to receive requests from individuals, groups, undertakings or entities seeking to be removed from the Al-Qaida Sanctions List in an independent and impartial manner and shall neither seek nor receive instructions from any government, and decides that the Ombudsperson shall present to the Committee observations and a recommendation on the de-listing of those individuals, groups, undertakings or entities that have requested removal from the Al-Qaida Sanctions List through the Office of the Ombudsperson, either a recommendation to retain the listing or a recommendation that the Committee consider de-listing;


“22.  Decides 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 de-listing request pursuant to annex II;


“23.  Decides 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, including paragraph 6 (h) thereof, where the Ombudsperson recommends that the Committee consider de-listing, 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 de-list 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;


“24.  Requests the Secretary General to strengthen the capacity of the Office of the Ombudsperson to ensure its continued ability to carry out its mandate in an effective and timely matter;


“25.  Strongly urges Member States to provide all relevant information to the Ombudsperson, including providing any relevant confidential information, where appropriate, and confirms that the Ombudsperson must comply with any confidentiality restrictions that are placed on such information by Member States providing it;


“26.  Requests that Member States and relevant international organizations and bodies encourage individuals and entities that are considering challenging or are already in the process of challenging their listing through national and regional courts to seek removal from the Al-Qaida Sanctions List by submitting de-listing petitions to the Office of the Ombudsperson;


“27.  Decides that when the designating State submits a de-listing 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 de-list 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;


“28.  Decides that, for purposes of submitting a de-listing request in paragraph 27, consensus must exist between or among all designating states in cases where there are multiple designating states; and decides further that co-sponsors of listing requests shall not be considered designating states for purposes of paragraph 27;


“29.  Strongly urges designating States to allow the Ombudsperson to reveal their identities as designating States, to those listed individuals and entities that have submitted de-listing petitions to the Ombudsperson;


“30.  Directs the Committee to continue to work, in accordance with its guidelines, to consider de-listing requests of Member States for the removal from the 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 4 of the present resolution, which shall be placed on the Committee’s agenda upon request of a member of the Committee, and encourages Member States to provide reasons for submitting their de-listing requests;


“31.  Encourages States to submit de-listing requests for individuals that are officially confirmed to be dead, particularly where no assets are identified, and for entities reported or confirmed to have ceased to exist, while at the same time taking all reasonable measures to ensure that the assets that had belonged to these individuals or entities have not been or will not be transferred or distributed to other individuals, groups, undertakings, and entities on the Al-Qaida Sanctions List;


“32.  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 de-listing, to recall the obligations set forth in resolution 1373 (2001) and, particularly, to prevent unfrozen assets from being used for terrorist purposes;


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


“34.  Encourages all Member States, including designating States and States of residence and nationality, to provide all information to the Committee relevant to the Committee’s review of de-listing petitions, and to meet with the Committee, if requested, to convey their views on de-listing requests, and further encourages the Committee, where appropriate, to meet with representatives of national or regional organizations and bodies who have relevant information on de-listing petitions;


“35.  Confirms that the Secretariat shall, within 3 days after a name is removed from the 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 decides that States receiving such notification shall take measures, in accordance with their domestic laws and practices, to notify or inform the concerned individual or entity of the de-listing in a timely manner;


Review and maintenance of the Al-Qaida Sanctions List


“36.  Encourages all Member States, in particular designating States and States of residence or nationality, to submit to the Committee additional identifying and other information, 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;


“37.  Requests the Monitoring Team to circulate to the Committee every six months a list of individuals and entities on the Al-Qaida Sanctions List whose entries lack identifiers necessary to ensure effective implementation of the measures imposed upon them, and directs the Committee to review these listings to decide whether they remain appropriate;


“38.  Reaffirms that the Monitoring Team should circulate to the Committee every six months a list of individuals on the 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, directs the Committee to review these listings to decide whether they remain appropriate, and calls upon the Committee to remove listings of deceased individuals, where credible information regarding death is available;


“39.  Reaffirms that the Monitoring Team should circulate to the Committee every six months a list of entities on the Al-Qaida Sanctions List that are reported or confirmed to have ceased to exist, along with an assessment of any relevant information, directs the Committee to review these listings to decide whether they remain appropriate, and calls upon the Committee to remove such listings where credible information is available;


“40.  Further directs the Committee, in light of the completion of the review described in paragraph 25 of resolution 1822 (2008), to conduct an annual review of all names on the Al-Qaida Sanctions List that have not been reviewed in three or more years (“the triennial review”), in which the relevant names are circulated to the designating States and States of residence, nationality, location or incorporation, where known, pursuant to the procedures set forth in the Committee guidelines, to ensure the Al-Qaida Sanctions List is as updated and accurate as possible through identifying listings that no longer remain appropriate and confirming listings that remain appropriate, and notes that the Committee’s consideration of a de-listing request after the date of adoption of this resolution, pursuant to the procedures set out in annex II of resolution 1904 (2009), should be considered equivalent to a review conducted pursuant to paragraph 26 of resolution 1822 (2008);


Measures implementation


“41.  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; and recalling paragraph 7 of resolution 1617 (2005), 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, and encourages Member States to utilize the guidance provided by Special Recommendation III for effective implementation of targeted counter-terrorism sanctions;


“42.  Directs the Committee to continue to ensure that fair and clear procedures exist for placing individuals and entities on the Al-Qaida 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;


“43.  Directs the Committee, as a matter of priority, to review its guidelines with respect to the provisions of this resolution, in particular paragraphs 10, 12, 14, 15, 17, 21, 23, 27, 28, 30, 33, 37 and 40;


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


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


“46.  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 requests the Chairman, in periodic reports to the Council pursuant to paragraph 55 below, to provide progress reports on the Committee’s work on this issue;


“47.  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;


“48.  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;


“49.  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;


“50.  Encourages designating States to inform the Monitoring Team whether a national court or other legal authority has reviewed an individual’s case and whether any judicial proceedings have begun, and to include any other relevant information when it submits its standard form for listing;


“51.  Requests the Committee to facilitate, through the Monitoring Team or specialized UN agencies, assistance on capacity building for enhancing implementation of the measures, upon request by Member States;


Coordination and outreach


“52.  Reiterates the need to enhance ongoing cooperation among the Committee, the Counter-Terrorism Committee (CTC) and the Committee established pursuant to resolution 1540 (2004), as well as their respective groups of experts, including through, as appropriate, enhanced information-sharing, coordination on visits to countries within their respective mandates, on facilitating and monitoring technical assistance, on relations with international and regional organizations and agencies and on other issues of relevance to all three committees, expresses its intention to provide guidance to the committees on areas of common interest in order better to coordinate their efforts and facilitate such cooperation, and requests the Secretary-General to make the necessary arrangements for the groups to be co-located as soon as possible;


“53.  Encourages the Monitoring Team and the United Nations Office on Drugs and Crime, to continue their joint activities, in cooperation with 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;


“54.  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), 1526 (2004), 1617 (2005), 1735 (2006), 1822 (2008) and 1904 (2009);


“55.  Requests the Committee to report orally, through its Chairman, at least every 180 days to the Council on the state of the overall work of the Committee and the Monitoring Team, and, as appropriate, in conjunction with the reports by the Chairmen of CTC and the Committee established pursuant to resolution 1540 (2004), and further requests the Chair to hold periodic briefings for all interested Member States;


Monitoring Team


“56.  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 18 months, 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;


“57.  Directs the Monitoring Team to review the Committee’s procedures for granting exemptions pursuant to resolution 1452 (2002), and to provide recommendations for how the Committee can improve the process for granting such exemptions;


“58.  Directs the Monitoring Team to keep the Committee informed of instances of non-compliance with the measures imposed in this resolution, and further directs the Monitoring Team to provide recommendations to the Committee on actions taken to respond to non-compliance;


Reviews


“59.  Decides to review the measures described in paragraph 1 above with a view to their possible further strengthening in 18 months, or sooner if necessary;


“60.  Decides to remain actively seized of the matter.”


Resolution 1989 Annex I


In accordance with paragraph 56 of this resolution, the Monitoring Team shall operate under the direction of the Committee and shall have the following responsibilities:


(a)   To submit, in writing, two comprehensive, independent reports to the Committee, one by 31 March 2012, and the second by 31 October 2012, 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 Ombudsperson in carrying out his or her mandate as specified in annex II of this resolution;


(c)   To assist the Committee in regularly reviewing names on the Al-Qaida Sanctions List, including by undertaking travel 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 analyse reports submitted pursuant to paragraph 6 of resolution 1455 (2003), the checklists submitted pursuant to paragraph 10 of resolution 1617 (2005), and other information submitted by Member States to the Committee, as instructed by the Committee;


(e)   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;


(f)   To submit a comprehensive program 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;


(g)   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;


(h)   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;


(i)   To assist the Committee with its analysis of non-compliance with the measures referred to in paragraph 1 of this resolution by collating information collected from Member States and submitting case studies, both on its own initiative and upon the Committee’s request, to the Committee for its review;


(j)   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 Al-Qaida Sanctions List;


(k)   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 16;


(l)   To bring to the Committee’s attention new or noteworthy circumstances that may warrant a de-listing, 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 program 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 country of visit, where appropriate;


(o)   To encourage Member States to submit names and additional identifying information for inclusion on the Al-Qaida Sanctions List, as instructed by the Committee;


(p)   To present to the Committee additional identifying and other information to assist the Committee in its efforts to keep the Al-Qaida Sanctions List as updated and accurate as possible;


(q)   To study and report to the Committee on the changing nature of the threat of Al-Qaida and the best measures to confront it, including by developing a dialogue with relevant scholars and academic bodies, in consultation with the Committee;


(r)   To collate, assess, monitor and report on and make recommendations regarding implementation of the measures, including implementation of the measure in paragraph 1(a) of this resolution as it pertains to preventing the criminal misuse of the Internet by Al-Qaida, and other individuals, groups, undertakings and entities associated with it; to pursue case studies, as appropriate; and to explore in depth any other relevant issues as directed by the Committee;


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


(t)   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;


(u)   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;


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


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


(x)   To work with INTERPOL and Member States to obtain photographs of listed individuals for possible inclusion in INTERPOL Special Notices;


(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 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;


(aa)  To submit to the Committee within 90 days a written report and recommendations on linkages between Al-Qaida and those individuals, groups, undertakings, or entities eligible for designation under paragraph 1 of resolution 1988 (2011), with a particular focus on entries that appear on both the Al-Qaida Sanctions List and the 1988 List, and thereafter submit such a report and recommendations periodically.


(bb)  Any other responsibility identified by the Committee.


Resolution 1989 Annex II


In accordance with paragraph 21 of this resolution, the Office of the Ombudsperson shall be authorized to carry out the following tasks upon receipt of a de-listing request submitted by, or on behalf of, an individual, group, undertaking or entity on the 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 de-listing 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 de-listing request, the Ombudsperson shall:


(a)   Acknowledge to the petitioner the receipt of the de-listing request;


(b)   Inform the petitioner of the general procedure for processing de-listing requests;


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


(d)   Inform the petitioner in case the petition fails to properly address the original designation criteria, as set forth in paragraph 4 of this resolution, and return it to the petitioner for his or her consideration;


(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 any additional information, return it to the petitioner for his or her consideration.


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


(a)   These States’ opinions on whether the de-listing 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 de-listing request, including any information or steps that might be taken by a petitioner to clarify the de-listing request.


3.    The Ombudsperson shall also immediately forward the de-listing 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 de-listing 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 de-listing request; and


(c)   Questions or requests for clarifications that the Monitoring Team would like asked of the petitioner regarding the de-listing request.


4.    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.  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)


5.    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 7 below. The Ombudsperson may shorten this time period if he or she assesses less time is required.


6.    During this period of engagement, the Ombudsperson:


(a)   May ask the petitioner questions 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, or any cell, affiliate, splinter group, or derivative thereof, and undertakes not to associate with Al-Qaida 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; and


(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 de-listing 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;


(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 designation.


7.    Upon completion of the period of engagement described above, the Ombudsperson, with the help of the Monitoring Team, 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 de-listing request. The report shall respect confidential elements of Member States’ communications with the Ombudsperson;


(b)   Describe the Ombudsperson’s activities with respect to this de-listing request, including dialogue with the petitioner; and


(c)   Based on an analysis of all the information available to the Ombudsperson and the Ombudsperson’s recommendations, lay out for the Committee the principal arguments concerning the de-listing request.


Committee discussion


8.    After the Committee has had 15 days to review the Comprehensive Report in all official languages of the United Nations, the chair of the Committee shall place the de-listing request on the Committee’s agenda for consideration.


9.    When the Committee considers the de-listing request, the Ombudsperson, aided by the Monitoring Team, as appropriate, shall present the Comprehensive Report in person and answer Committee members’ questions regarding the request.


10.   Committee consideration of the Comprehensive Report shall be completed no later than 30 days from the date the Comprehensive Report is submitted to the Committee for its review.


11.   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 de-listing request, which the Committee shall consider under its normal consensus procedures.


12.   In cases where the Ombudsperson recommends that the Committee consider de-listing, 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 6 (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 de-list 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;


13.   If the Committee decides to reject the de-listing request, then the Committee shall convey to the Ombudsperson its decision, setting out its reasons, and including any further relevant information about the Committee’s decision, and an updated narrative summary of reasons for listing.


14.   After the Committee has informed the Ombudsperson that the Committee has rejected a de-listing request, then the Ombudsperson shall send to the petitioner, with an advance copy sent to the Committee, within fifteen days a letter that:


(a)   Communicates the Committee’s decision for continued listing;


(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 13 above.


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


Other Office of the Ombudsperson Tasks


16.   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 19 of this resolution; and


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


* *** *


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*     The 6556th Meeting was closed.

**    Reissued to reflect correct symbols for the two resolutions, as adopted.



For information media • not an official record