4678th Meeting (PM)
SECURITY COUNCIL ADJUSTS PROVISIONS REGARDING FROZEN FUNDS
OF TALIBAN AND AL QAEDA MEMBERS
Resolution 1452 Adopted Unanimously
The Security Council this afternoon adjusted its provisions regarding the frozen funds of the Taliban and members of the Al Qaeda organization.
Acting under Chapter VII of the Charter, the Council, through the unanimous adoption of resolution 1452, decided that provisions of resolution 1267 (1999) concerning the freezing of funds for the direct or indirect benefit of the Taliban, and of resolution 1390 (2002), making those provisions also applicable to Usama bin Laden and members of the Al Qaeda organization, did not apply to financial assets that had been determined by relevant States to be necessary for basic expenses, including foodstuffs, rent and medicines, and necessary for extraordinary expenses after notification by the States to the Committee established pursuant to resolution 1267 to gain access to those funds.
The Council also decided that all States might allow for the addition to accounts subject to the above provisions of interest or other earnings due on those accounts.
The Council further decided that the exception provided for in
paragraph 4 (b) of resolution 1267 (1999), namely, that the Committee could authorize above-mentioned funds to not be frozen on the grounds of humanitarian need, no longer applied.
The meeting, which was called to order at 1:15 p.m., was adjourned at
Following is the complete text of resolution 1452 (2002):
“The Security Council,
“Recalling its resolutions 1267 (1999) of 15 October 1999, 1333 (2000) of 19 December 2000, 1363 (2001) of 30 July 2001 and 1390 (2002) of 16 January 2002,
“Expressing its determination to facilitate the implementation of counter-terrorism obligations in accordance with relevant Security Council resolutions,
“Reaffirming its resolution 1373 (2001) of 28 September 2001, and reiterating its support for international efforts to root out terrorism, in accordance with the Charter of the United Nations,
“Acting under Chapter VII of the Charter of the United Nations,
“1.Decides that the provisions of paragraph 4 (b) of resolution 1267 (1999), and paragraphs 1 and 2 (a) of resolution 1390 (2002), do not apply to funds and other financial assets or economic resources that have been determined by the relevant State(s) to be:
(a)necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges, or exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services, or fees or service charges for routine holding or maintenance of frozen funds or other financial assets or economic resources, after notification by the relevant State(s) to the Committee established pursuant to resolution 1267 (1999) (hereinafter referred to as "the Committee") of the intention to authorize, where appropriate, access to such funds, assets or resources and in the absence of a negative decision by the Committee within 48 hours of such notification;
(b)necessary for extraordinary expenses, provided that such determination has been notified by the relevant State(s) to the Committee and has been approved by the Committee;
“2.Decides that all States may allow for the addition to accounts subject to the provisions of paragraph 4 (b) of resolution 1267 (1999) and paragraphs 1 and 2 (a) of resolution 1390 (2002) of:
(a) interest or other earnings due on those accounts, or
(b)payments due under contracts, agreements or obligations that arose prior to the date on which those accounts became subject to the provisions of resolutions 1267 (1999), 1333 (2000), or 1390 (2002),
provided that any such interest, other earnings and payments continue to be subject to those provisions;
“3.Decides that the Committee shall, in addition to the tasks set forth in paragraph 6 of resolution 1267 (1999) and paragraph 5 of resolution 1390 (2002):
(a)maintain and regularly update a list of the States that have notified the Committee of their intent to apply the provisions of paragraph 1 (a) above in their implementation of the relevant resolutions and as to which there was no negative decision by the Committee; and
(b)consider and approve, if appropriate, requests for extraordinary expenses as provided for in paragraph 1 (b) above;
“4.Decides that the exception provided for in paragraph 4 (b) of resolution 1267 (1999) will cease to have effect from the date of adoption of this resolution;
“5.Urges Member States to take full account of the considerations set out above in their implementation of resolution 1373 (2001);
“6.Decides to remain seized of the matter.”
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