17 June 2014
Security Council
SC/11440

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

Security Council

7198th Meeting (AM)


Security Council Adopts TWO Resolutions, Extending Mandates of Groups

 

Monitoring Sanctions Regimes against Al-Qaida, Taliban

 


The Security Council today unanimously adopted two resolutions addressing threats to international peace and security, the first on the Al-Qaida Sanctions Committee and the second relating to the Taliban sanctions regime.


Unanimously adopting resolution 2160 (2014) on Taliban sanctions, the Council urged all States to take measures against individuals and entities affiliated with that group, freezing without delay the funds and other financial assets or economic resources of such individuals, groups, undertakings and entities, among other actions.  It also urged States to prevent their entry into or transit through their national territories.


The text, underlining the importance of a comprehensive political process in Afghanistan, invited that country’s Government, in close coordination with the High Peace Council, to submit for consideration by the Taliban Sanctions Committee the names of listed individuals whose travel to specific locations was necessary for their participation in meetings in support of peace and reconciliation.


Further by the resolution, the Council encouraged Member States, in accordance with national laws, to submit to the International Criminal Police Organization (INTERPOL) the photographs and other biometric data of individuals for inclusion on the INTERPOL-United Nations Security Council Special Notices.


Unanimously adopting the second resolution 2161 (2014), on measures against individuals and entities affiliated with Al-Qaida, the Council extended the mandate of the Office of the Ombudsperson, established by resolution 1904 (2009), for 30 months from the current mandate’s date of expiration in June 2015.  While expressing concern over the increased use by terrorists of new information and communications technologies, in particular the Internet, the text urged States to prevent the direct or indirect supply, sale or transfer of arms and related material of all types, to individuals, groups, undertakings and entities associated with Al-Qaida.


The resolution also strongly urged all Member States to implement the comprehensive international standards embodied in the Financial Action Task Force’s revised Forty Recommendations on Combating Money Laundering and the Financing of Terrorism and Proliferation.


By further terms of the text, the Council extended the mandate of the Al-Qaida Sanctions Committee’s monitoring team for 30 months from the date of the current mandate’s expiration in June 2015.


The meeting began at 10:05 a.m. and ended at 10:08 a.m.


Resolutions


The full text of resolution S/RES/2160 (2014) reads 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), 1988 (2011), 1989 (2011), 2082 (2012), 2083 (2012), 2133 (2014), and the relevant statements of its President,


Recalling its previous resolutions extending through 17 March 2015 the mandate of the United Nations Assistance Mission in Afghanistan (UNAMA) as defined in resolution 2145 (2014),


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


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


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


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


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


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


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


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


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


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


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


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


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


Welcoming the briefings by the Chairman of the High Peace Council to the Committee in December 2012 and 2013 as a sign of close, ongoing cooperation between the Security Council and those Afghans working for peace and national reconciliation in 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 and his Special Representative for Afghanistan to assist the High Peace Council’s peace and reconciliation efforts,


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


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


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


Recognizing the importance of making the Afghanistan/Taliban sanctions list available in Dari and Pashtu,


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


Measures


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


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


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


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


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


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


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


(c)   Recruiting for; or


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


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


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


“5.   Confirms that the requirements in paragraph 1 (a) above apply to all proposed uses of funds or other financial assets or economic resources in connection with the travel of a listed individual, including costs incurred with respect to transportation and lodging, and that such travel-related funds or other financial assets or economic resources may only be provided in accordance with the exemption procedures set out in paragraphs 1 and 2 of resolution 1452 (2002), as amended by resolution 1735 (2006), and in paragraph 12 below;


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


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


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


“9.   Decides that States, in order to prevent those associated with the Taliban and other individuals, groups, undertakings and entities from obtaining, handling, storing, using or seeking access to all types of explosives, whether military, civilian or improvised explosives, as well as to raw materials and components that can be used to manufacture improvised explosive devices or unconventional weapons, including (but not limited to) chemical components, detonating cord, or poisons, shall 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 production, sale, supply, purchase, transfer and storage of such materials, including through the issuance of good practices, and further encourages Member States to share information, establish partnerships, and develop national strategies and capabilities to counter improvised explosive devices;


“10.  Encourages Member States to consult the List when considering travel visa applications;


“11.  Encourages Member States to exchange information expeditiously with other Member States, in particular the Government of Afghanistan, when they detect the travel of individuals on the List;


Exemptions


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


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


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


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


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


“14.  Decides that the travel ban imposed by paragraph 1 (b) shall not apply to individuals identified pursuant to paragraph 13 above, where the Committee determines, on a case-by-case basis only, that such entry or transit is justified, further decides that any such exemption approved by the Committee shall only be granted for the requested period for any travel to the specified location or locations, directs the Committee to decide on all such exemption requests, as well as on requests to amend or renew previously granted exemptions, or on a request by any Member State to revoke previously granted exemptions, within ten days of receiving them, and affirms that, notwithstanding any exemption from the travel ban, listed individuals remain subject to the other measures outlined in paragraph 1 of this resolution;


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


Listing


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


“17.  Reaffirms that, when proposing names to the Committee for inclusion on the List, Member States shall use the standard form for listing and provide a statement of case, which should include detailed reasons on the proposed basis for the listing, and as much relevant information as possible on the proposed name, in particular sufficient identifying information to allow for the accurate and positive identification of individuals, groups, undertakings and entities, and to the extent possible, the information required by INTERPOL to issue a INTERPOL-United Nations Security Council Special Notice, and decides further that the statement of case shall be releasable, upon request, except for the parts a Member State identifies as being confidential to the Committee, and may be used to develop the narrative summary of reasons for listing described in paragraph 20 below;


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


“19.  Directs the Committee to update, as necessary, the standard form for listing in accordance with the provisions of this resolution;


“20.  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;


“21.  Calls upon all members of the Committee and the Monitoring Team to share with the Committee any appropriate information they may have available regarding a listing request from a Member State so that this information may help inform the Committee’s decision on listing and provide additional material for the narrative summary of reasons for listing described in paragraph 20;


“22.  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 requests the Secretary-General to make all list entries and narrative summaries of reasons for listing available in all official languages of the United Nations in a timely and accurate manner, and notes the unique circumstances of this request, which is for the purpose of harmonizing this Committee’s translation procedures of issuing lists and narrative summaries with those of other United Nations Security Council sanctions committees;


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


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


Delisting


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


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


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


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


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


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


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


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


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


“31.  Directs the Committee to consider expeditiously any information indicating that a delisted individual has returned to activities set forth in paragraph 2, including by engaging in acts inconsistent with paragraph 25 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;


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


Review and maintenance of the List


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


(a)   Individuals on the List whom the Afghan Government considers to be reconciled along with relevant documentation as outlined in paragraph 28 (a);


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


(c)   Individuals on the List who are reportedly deceased, along with an assessment of relevant information outlined in paragraph 28 (c) and to the extent possible, the status and location of frozen assets and the names of any individuals or entities who would be in a position to receive any unfrozen assets;


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


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


“36.  Decides that, with the exception of decisions made pursuant to paragraph 14 of this resolution, no matter shall be left pending before the Committee for a period longer than six months, urges Committee members to respond within three months, and directs the Committee to update its guidelines as appropriate;


“37.  Urges the Committee to ensure that there are fair and clear procedures for the conduct of its work, and directs the Committee to review its guidelines as soon as possible, in particular with respect to paragraphs 18, 22, 33, 34, 35 and 36;


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


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


Cooperation with the Government of Afghanistan


“40.  Welcomes periodic briefings from the Government of Afghanistan on the content of the list, as well as on the impact of targeted sanctions on deterring threats to the peace, stability and security of Afghanistan, and supporting Afghan-led reconciliation;


“41.  Encourages continued cooperation among the Committee, the Government of Afghanistan, and UNAMA, including by identifying and providing detailed information regarding individuals and entities participating in the financing or support of acts or activities set forth in paragraph 2 of this resolution, and by inviting UNAMA representatives to address the Committee;


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


Monitoring Team


“43.  Decides, in order to assist the Committee in fulfilling its mandate, that the 1267/1989 Monitoring Team, established pursuant to paragraph 7 of resolution 1526 (2004), shall also support the Committee for a period of thirty months from the date of expiration of the current mandate in June 2015, with the mandate set forth in the annex to this resolution, and further requests the Secretary-General to continue to ensure that the Monitoring Team receives the necessary administrative and substantive support to effectively, safely and in a timely manner fulfil its mandate, including with regard to duty of care in high risk environments, under the direction of the Committee, a subsidiary organ of the Security Council;


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


Coordination and Outreach


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


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


Reviews


“47.  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;


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


Resolution Annex


“In accordance with paragraph 43 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 1 November 2014, and the second by 1 June 2015, on implementation by Member States of the measures referred to in paragraph 1 of this resolution, including specific recommendations for improved implementation of the measures and possible new measures;


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


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


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


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


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


(g)   To assist the Committee in its consideration of proposals for listing, including by compiling and circulating to the Committee information relevant to the proposed listing, and preparing a draft narrative summary referred to in paragraph 20 of this resolution;


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


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


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


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


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


(m)   To collate, assess, monitor and report on and make recommendations regarding implementation of the measures; to pursue case studies, as appropriate; and to explore in depth any other relevant issues as directed by the Committee;


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


(o)   To cooperate closely with the United Nations Office on Drugs and Crime (UNODC) and engage in a regular dialogue with Member States on the nexus between narcotics trafficking and those individuals, groups, undertakings, and entities eligible for listing under paragraph 1 of this resolution, and report as requested by the Committee;


(p)   To submit to the Committee on 1 December 2014 a special written report, in consultation with the Government of Afghanistan, UNODC and the United Nations sanctions expert panels, as appropriate, on specific cases of cooperation between organized crime syndicates, notably groups undertaking hostage-taking for ransom, narcotics producers and traders, as well as those illegally exploiting natural resources in Afghanistan, including precious and semi-precious stones, and those individuals, groups, undertakings, and entities eligible for listing under paragraph 1 of this resolution;


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


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


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


(t)   To consult with the Government of Afghanistan, Member States, relevant representatives of the private sector, including financial institutions and relevant non-financial businesses and professions, and with relevant international organizations, including the Financial Action Task Force (FATF) and its regional bodies to raise awareness of and learn about the practical implementation of the assets freeze and to develop recommendations for the strengthening of the implementation of that measure in accordance with FATF Recommendation 6 on asset freezing and its related guidance;


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


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


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


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


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


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


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


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


(cc)  To gather information, including from the Government of Afghanistan and relevant Member States, on travel that takes place under a granted exemption, pursuant to paragraphs 13 and 14, and to report to the Committee, as appropriate; and


(dd)  Any other responsibility identified by the Committee.”


The full text of resolution S/RES/2161 (2014) 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), 1988 (2011), 1989 (2011), 2083 (2012), and 2133 (2014) 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 Statements of the Security Council (S/PRST/2013/1) of 15 January 2013 on threats to international peace and security caused by terrorist acts and (S/PRST/2013/5) on peace and security in Africa,


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,


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


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,


Reminding all States that they have an obligation to take the measures described in paragraph 1 with respect to all individuals, groups, undertakings and entities included on the Al-Qaida Sanctions List, regardless of the nationality or residence of such individuals, groups, undertakings or entities,


Urging all Member States to participate actively in maintaining and updating the list created pursuant to resolutions 1267 (1999), 1333 (2000) and 1989 (2011) (“the Al-Qaida Sanctions List”) by contributing additional information pertinent to current listings, submitting delisting requests when appropriate, and by identifying and nominating for listing additional individuals, groups, undertakings and entities which should be subject to the measures referred to in paragraph 1 of this resolution,


Reminding the Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) (“the Committee”) to remove expeditiously and on a case-by-case basis individuals, groups, undertakings and entities that no longer meet the criteria for listing outlined in this resolution,


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 Al-Qaida Sanctions List, and expressing its intent to continue efforts to ensure that procedures are fair and clear,


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


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


Welcoming the fourth review in June 2014 by the General Assembly of the United Nations Global Counter-Terrorism Strategy (A/RES/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 and the Report of the Secretary-General of 14 April 2014 on activities of the United Nations system in implementing the Strategy (A/68/841),


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


Recognizing the need for Member States to prevent the abuse of non-governmental, non-profit and charitable organizations by and for terrorists, and calling upon non-governmental, non-profit, and charitable organizations to prevent and oppose, as appropriate, attempts by terrorists to abuse their status, while recalling the importance of fully respecting the rights to freedom of expression and association of individuals in civil society and freedom of religion or belief, and noting the relevant recommendation and guidance documents of the Financial Action Task Force,


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


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


Expressing concern at the flow of international recruits to Al-Qaida and those groups associated with it, and the scale of this phenomenon, and reiterating further the obligation of Member States to prevent the movement of terrorist groups, in accordance with applicable international law, by, inter alia, effective border controls, and, in this context, to exchange information expeditiously, improve cooperation among competent authorities to prevent the movement of terrorists and terrorist groups to and from their territories, the supply of weapons for terrorists and financing that would support terrorists,


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,


Noting that, in some instances, certain individuals, groups, undertakings and entities that meet the criteria for listing set forth in paragraph 2 of resolution 2082 (2012) or other relevant sanctions resolutions may also meet the criteria for listing set forth in paragraph 2 of this resolution,


Noting the efforts of the Secretariat to standardize the format of all United Nations sanctions lists to facilitate implementation by national authorities, and encouraging the Secretariat, with the assistance of the Monitoring Team, as appropriate, to continue its work to implement the data model approved by the Al-Qaida Sanctions Committee,


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), paragraphs 1 and 2 of resolution 1390 (2002), and paragraphs 1 and 4 of resolution 1989 (2011), with respect to Al-Qaida and other individuals, groups, undertakings and entities associated with them:


Asset Freeze


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


Travel Ban


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


Arms Embargo


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


Listing Criteria


“2.   Reaffirms that acts or activities indicating that an individual, group, undertaking or entity is associated with Al-Qaida and eligible for inclusion in the Al-Qaida Sanctions List include:


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


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


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


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


“4.   Confirms that any individual, group, undertaking or entity either owned or controlled, directly or indirectly, by, or otherwise supporting, any individual, group, undertaking or entity associated with Al-Qaida, including on the Al-Qaida Sanctions List, shall be eligible for listing;


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


“6.   Confirms that the requirements in paragraph 1 (a) above apply to funds, financial assets or economic resources that may be made available, directly or indirectly, to or for the benefit of listed individuals in connection with their travel, including costs incurred with respect to transportation and lodging, and that such travel-related funds, other financial assets or economic resources may only be provided in accordance with the exemption procedures set out in paragraphs 1 and 2 of resolution 1452 (2002), as amended by resolution 1735 (2006), and in paragraphs 9 and 61 below;


“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 Al-Qaida Sanctions List, regardless of how or by whom the ransom is paid;


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


“9.   Encourages 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), confirms that exemptions to the travel ban must be submitted by Member States, individuals or the Ombudsperson, as appropriate, including when listed individuals travel for the purpose of fulfilling religious obligations, and notes that the Focal Point mechanism established in resolution 1730 (2006) may receive exemption requests submitted by, or on behalf of, an individual, group, undertaking or entity on the Al-Qaida Sanctions List, or by the legal representative or estate of such individual, group, undertaking or entity, for Committee consideration, as described in paragraph 62 below;


Measures implementation


“10.  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, strongly urges all Member States to implement the comprehensive international standards embodied in the Financial Action Task Force’s (FATF) revised Forty Recommendations on Combating Money Laundering and the Financing of Terrorism and Proliferation, particularly Recommendation 6 on targeted financial sanctions related to terrorism and terrorist financing;


“11.  Strongly urges Member States to apply the elements in FATF’s Interpretive Note to Recommendation 6, and to take note of, inter alia, related best practices for effective implementation of targeted financial sanctions related to terrorism and terrorist financing, and takes note of the need to have appropriate legal authorities and procedures to apply and enforce targeted financial sanctions that are not conditional upon the existence of criminal proceedings, and to apply an evidentiary standard of proof of “reasonable grounds” or “reasonable basis”, as well as the ability to collect or solicit as much information as possible from all relevant sources;


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


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


“14.  Decides that Member States, in order to prevent Al-Qaida and other individuals, groups, undertakings and entities associated with it from obtaining, handling, storing, using or seeking access to all types of explosives, whether military, civilian or improvised explosives, as well as to raw materials and components that can be used to manufacture improvised explosive devices or unconventional weapons, including (but not limited to) chemical components, detonating cord, or poisons, shall 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 production, sale, supply, purchase, transfer and storage of such materials, including through the issuance of good practices, and further encourages Member States to share information, establish partnerships, and develop national strategies and capabilities to counter improvised explosive devices;


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


“16.  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;


“17.  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;


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


“19.  Encourages Member States to consult the Al-Qaida Sanctions List when considering whether to grant travel visa applications, for the purpose of effectively implementing the travel ban;


“20.  Encourages Member States to exchange information expeditiously with other Member States, in particular states of origin, destination and transit, when they detect the travel of individuals on the Al-Qaida Sanctions List;


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


“22.  Encourages all Member States to designate national focal points in charge of liaising with the Committee and the Monitoring Team on issues related to the implementation of the measures described in paragraph 1 above and the assessment of the threat from Al-Qaida and individuals, groups, undertakings and entities associated with it;


“23.  Encourages all Member States to report to the Committee on obstacles to the implementation of the measures described in paragraph 1 above, with a view to facilitating technical assistance;


The Committee


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


“25.  Directs the Committee, as a matter of priority, to review its guidelines with respect to the provisions of this resolution, in particular paragraphs 13, 14, 18, 19, 22, 34, 39, 44, 46, 51, 63, 64, 66 and 67;


“26.  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;


“27.  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 Chair, in periodic reports to the Council pursuant to paragraph 72 below, to provide progress reports on the Committee’s work on this issue;


“28.  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;


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


Listing


“30.  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;


“31.  Reiterates that the measures referred to in paragraph 1 of this resolution are preventative in nature and are not reliant upon criminal standards set out under national law;


“32.  Reaffirms that, when proposing names to the Committee for inclusion on the Al-Qaida Sanctions List, Member States shall use the standard form for listing provide a statement of case, which should include detailed reasons on the proposed basis for the listing, and as much relevant information as possible on the proposed name, in particular sufficient identifying information to allow for the accurate and positive identification of individuals, groups, undertakings and entities, and to the extent possible, the information required by INTERPOL to issue a Special Notice, and decides further that the statement of case shall be releasable, upon request, except for the parts a Member State identifies as being confidential to the Committee, and may be used to develop the narrative summary of reasons for listing described in paragraph 36 below;


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


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


“35.  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 the quality of the Al-Qaida Sanctions List, including by improving identifying information, as well as steps to ensure that INTERPOL-UN Security Council Special Notices exist for all listed individuals, groups, undertakings, and entities;


“36.  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 Al-Qaida Sanctions List, a narrative summary of reasons for listing the corresponding entry;


“37.  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;


“38.  Calls upon all members of the Committee and the Monitoring Team to share with the Committee any information they may have available regarding a listing request from a Member State so that this information may help inform the Committee’s decision on listing and provide additional material for the narrative summary of reasons for listing described in paragraph 36;


“39.  Reaffirms that the Secretariat shall, after publication but within three working days after a name is added to the Al-Qaida Sanctions List, notify the Permanent Mission of the state or states where the individual or entity is believed to be located and, in the case of individuals, the state of which the person is a national (to the extent this information is known), requests the Secretariat to publish on the Committee’s website all relevant publicly releasable information, including the narrative summary of reasons for listing, immediately after a name is added to the Al-Qaida Sanctions List, and requests the Secretary-General to make all list entries and narrative summaries of reasons for listing available in all official languages of the United Nations in a timely and accurate manner, and notes the unique circumstances of this request, which is for the purpose of harmonizing this Committee’s translation procedures of issuing lists and narrative summaries with those of other United Nations Security Council sanctions committees;


“40.  Reaffirms the requirement that Member States take all possible measures, in accordance with their domestic laws and practices, to notify or inform in a timely manner the listed individual or entity of the listing and to include with this notification the narrative summary of reasons for listing, a description of the effects of listing, as provided in the relevant resolutions, the Committee’s procedures for considering delisting requests, including the possibility of submitting such a request to the Ombudsperson in accordance with paragraph 43 of resolution 2083 (2012) and annex II of this resolution, and the provisions of resolution 1452 (2002) regarding available exemptions, including the possibility of submitting such requests through the Focal Point mechanism in accordance with paragraphs 9 and 62 of this resolution;


Review of Delisting Requests — Ombudsperson/Member States


“41.  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 thirty months from the date of expiration of the Office of the Ombudsperson’s current mandate in June 2015, affirms 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 affirms that the Ombudsperson shall continue to present to the Committee observations and a recommendation on the delisting of those individuals, groups, undertakings or entities that have requested removal from the Al-Qaida Sanctions List through the Office of the Ombudsperson, either a recommendation to retain the listing or a recommendation that the Committee consider delisting;


“42.  Recalls its decision that the requirement for States to take the measures described in paragraph 1 of this resolution shall remain in place with respect to that individual, group, undertaking or entity, where the Ombudsperson recommends retaining the listing in the Comprehensive Report of the Ombudsperson on a delisting request pursuant to annex II;


“43.  Recalls its decision that the requirement for States to take the measures described in paragraph 1 of this resolution shall terminate with respect to that individual, group, undertaking or entity sixty days after the Committee completes consideration of a Comprehensive Report of the Ombudsperson, in accordance with annex II of this resolution, including paragraph 7 (h) thereof, where the Ombudsperson recommends that the Committee consider delisting, unless the Committee decides by consensus before the end of that sixty-day period that the requirement shall remain in place with respect to that individual, group, undertaking or entity; provided that, in cases where consensus does not exist, the Chair shall, on the request of a Committee Member, submit the question of whether to delist that individual, group, undertaking or entity to the Security Council for a decision within a period of sixty 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;


“44.  Decides that the Committee may, by consensus, shorten the 60 day period referred to in paragraph 43 on a case-by-case basis;


“45.  Reiterates that the measures referred to in paragraph 1 of this resolution are preventative in nature and are not reliant upon criminal standards set out under national law;


“46.  Requests the Secretary-General to continue to strengthen the capacity of the Office of the Ombudsperson by providing necessary resources, including for translation services, as appropriate, to ensure its continued ability to carry out its mandate in an independent, effective and timely manner;


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


“48.  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 delisting petitions to the Office of the Ombudsperson;


“49.  Notes the Financial Action Task Force (FATF) international standards and, inter alia, best practices relating to targeted financial sanctions, as referenced in paragraph 12 of this resolution;


“50.  Recalls its decision that when the designating State submits a delisting request, the requirement for States to take the measures described in paragraph 1 of this resolution shall terminate with respect to that individual, group, undertaking or entity after sixty days unless the Committee decides by consensus before the end of that sixty-day period that the measures shall remain in place with respect to that individual, group, undertaking or entity; provided that, in cases where consensus does not exist, the Chair shall, on the request of a Committee Member, submit the question of whether to delist that individual, group, undertaking or entity to the Security Council for a decision within a period of sixty 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;


“51.  Decides that the Committee may, by consensus, shorten the 60 day period referred to in paragraph 50 on a case by case basis;


“52.  Recalls its decision that, for purposes of submitting a delisting request in paragraph 50, consensus must exist between or among all designating States in cases where there are multiple designating States; and further recalls its decision that co-sponsors of listing requests shall not be considered designating States for purposes of paragraph 50;


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


“54.  Directs the Committee to continue to work, in accordance with its guidelines, to consider delisting 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 2 of the present resolution, and strongly urges Member States to provide reasons for submitting their delisting requests;


“55.  Encourages States to submit delisting 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 or any other Security Council sanctions list;


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


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


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


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


“60.  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, group, undertaking or entity of the delisting in a timely manner;


“61.  Reaffirms that, in cases in which the Ombudsperson is unable to interview a petitioner in his or her state of residence, the Ombudsperson may request, with the agreement of the petitioner, that the Committee consider granting exemptions to the restrictions on assets and travel in paragraphs 1 (a) and (b) of this resolution for the sole purpose of allowing the petitioner to meet travel expenses and travel to another State to be interviewed by the Ombudsperson for a period no longer than necessary to participate in this interview, provided that all States of transit and destination do not object to such travel, and further directs the Committee to notify the Ombudsperson of the Committee’s decision;


Exemptions/Focal Point


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


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


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


“63.  Decides that the Focal Point may receive, and transmit to the Committee for its consideration, communications from:


(a)   individuals who have been removed from the Al-Qaida Sanctions List;


(b)   individuals claiming to have been subjected to the measures outlined in paragraph 1 above as a result of false or mistaken identification or confusion with individuals included on the Al-Qaida Sanctions List;


“64.  Directs the Committee, with the assistance of the Monitoring Team and in consultation with relevant States, to respond, through the Focal Point, to communications referred to in paragraph 62 (b), as may be appropriate, within
60 days;


Review and maintenance of the Al-Qaida Sanctions List


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


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


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


(b)   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;


(c)   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;


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


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


Coordination and outreach


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


“69.  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;


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


“71.  Requests the Committee to consider, where and when appropriate, visits to selected countries by the Chair and/or Committee members to enhance the full and effective implementation of the measures referred to in paragraph 1 above, with a view to encouraging States to comply fully with this resolution and resolutions 1267 (1999), 1333 (2000), 1390 (2002), 1455 (2003), 1526 (2004), 1617 (2005), 1735 (2006), 1822 (2008), 1904 (2009) 1989 (2011), 2082 (2012), 2083 (2012), and 2133 (2014);


“72.  Requests the Committee to report orally, through its Chair, at least once per year, to the Council on the state of the overall work of the Committee and the Monitoring Team, and, as appropriate, in conjunction with the reports by the Chairs of CTC and the Committee established pursuant to resolution 1540 (2004), expresses its intention to hold informal consultations at least once per year on the work of the Committee, on the basis of reports from the Chair to the Council, and further requests the Chair to hold periodic briefings for all interested Member States;


Monitoring Team


“73.  Decides, in order to assist the Committee in fulfilling its mandate, as well as to support the Ombudsperson, to extend the mandate of the current New York-based Monitoring Team and its members, established pursuant to paragraph 7 of resolution 1526 (2004), for a further period of thirty months from the date of expiration of its current mandate in June 2015, under the direction of the Committee with the responsibilities outlined in annex I, and requests the Secretary-General to make the necessary arrangements to this effect, and highlights the importance of ensuring that the Monitoring Team receives the necessary administrative support to effectively, safely and in a timely manner fulfil its mandate, including with regard to duty of care in high risk environments, under the direction of the Committee, a subsidiary organ of the Security Council;


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


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


Reviews


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


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


Resolution Annex I


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


(a)   To submit, in writing, two comprehensive, independent reports to the Committee, one by 30 September 2014, and the second by 31 March 2015, 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, including by providing updated information on those individuals, groups, undertakings or entities seeking their removal from the Al-Qaida Sanctions List;


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


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


(e)   To submit a comprehensive 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;


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


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


(h)   To gather information, on behalf of the Committee, on instances of reported non-compliance with the measures referred to in paragraph 1 of this resolution, including by collating information from all relevant sources, including Member States, and engaging with related parties, pursuing case studies, both on its own initiative and upon the Committee’s request, and to provide cases of non-compliance and recommendations to the Committee on actions to respond to such cases of non-compliance for its review;


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


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


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


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


(m)   To consult with Member States in advance of travel to selected Member States, based on its 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 state of visit where appropriate;


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


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


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


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


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


(t)   To collate, assess, monitor 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;


(u)   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 reflected in the Monitoring Team’s reports referred to in paragraph (a) of this annex, such as gaps and challenges in States’ implementation of the measures in this resolution;


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


(w)   To consult with relevant representatives of the private sector, including financial institutions and relevant non-financial businesses and professions, to learn about the practical implementation of the assets freeze and to develop recommendations for the strengthening of the implementation of that measure;


(x)   To consult with the relevant representatives of the private sector, in coordination with national authorities, as appropriate, to promote awareness of, and enhance compliance with, the travel ban and the arms embargo;


(y)   To consult with relevant representatives of international organizations, including the International Air Transport Association (IATA), the International Civil Aviation Organization (ICAO), and the World Customs Organization (WCO), to promote awareness of, and enhance compliance with, the travel ban and the arms embargo;


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


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


(bb)  To work with INTERPOL and Member States to obtain photographs and, in accordance with their national legislation, biometric information of listed individuals for possible inclusion in INTERPOL-United Nations Security Council Special Notices, and to work with INTERPOL to ensure that INTERPOL-United Nations Security Council Special Notices exist for all listed individuals, groups, undertakings, and entities;


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


(dd)  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;


(ee)  To report periodically, as appropriate, to the Committee on linkages between Al-Qaida and those individuals, groups, undertakings or entities eligible for listing under paragraph 1 of resolution 2082 (2012) or any other relevant sanctions resolutions; and


(ff)  Any other responsibility identified by the Committee.”


Resolution Annex II


“In accordance with paragraph 41 of this resolution, the Office of the Ombudsperson shall be authorized to carry out the following tasks upon receipt of a delisting request submitted by, or on behalf of, an individual, group, undertaking or entity on the Al-Qaida Sanctions List or by the legal representative or estate of such individual, group, undertaking or entity (“the petitioner”).


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


Information gathering (four months)


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


Dialogue (two months)


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


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


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


(b)   Should request from the petitioner a signed statement in which the petitioner declares that they have no ongoing association with Al-Qaida, 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;


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


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


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


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


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


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


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


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


Committee discussion


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


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


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


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


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


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


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


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


“14.  In cases where the Ombudsperson recommends retaining the listing, the requirement for States to take the measures in paragraph 1 of this resolution shall remain in place with respect to that individual, group, undertaking or entity, unless a Committee member submits a delisting request, which the Committee shall consider under its normal consensus procedures.


“15.  In cases where the Ombudsperson recommends that the Committee consider delisting, the requirement for States to take the measures described in paragraph 1 of this resolution shall terminate with respect to that individual, group, undertaking or entity sixty days after the Committee completes consideration of a Comprehensive Report of the Ombudsperson, in accordance with this annex II, including paragraph 7 (h), unless the Committee decides by consensus before the end of that sixty-day period that the requirement shall remain in place with respect to that individual, group, undertaking or entity; provided that, in cases where consensus does not exist, the Chair shall, on the request of a Committee Member, submit the question of whether to delist that individual, group, undertaking or entity to the Security Council for a decision within a period of sixty 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.


“16.  Following the conclusion of the process described in paragraphs 42 and 43 of this resolution, the Committee shall convey to the Ombudsperson, within 60 days, whether the measures described in paragraph 1 are to be retained or terminated, setting out reasons and including any further relevant information, and an updated narrative summary of reasons for listing, where appropriate, for the Ombudsperson to transmit to the petitioner. The 60 day deadline applies to outstanding matters before the Ombudsperson or the Committee and will take effect from the adoption of this resolution.


“17.  After the Ombudsperson receives the communication from the committee under paragraph 16, if the measures in paragraph 1 are to be retained, the Ombudsperson shall send to the petitioner, with an advance copy sent to the Committee, a letter that:


(a)   Communicates the outcome of the petition;


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


(c)   Forwards from the Committee all information about the decision provided to the Ombudsperson pursuant to paragraph 14 above.


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


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


Other Office of the Ombudsperson Tasks


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


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


(b)   Where address is known, notify individuals or entities about the status of their listing, after the Secretariat has officially notified the Permanent Mission of the State or States, pursuant to paragraph 39 of this resolution; and


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


* *** *


For information media • not an official record