FACT SHEET ON DE-LISTING
- This fact sheet provides basic information on the de-listing process.
- Section 7 of the Committee’s guidelines sets out the procedures for the submission of de-listing requests.
- The guidelines stipulate that any individuals, groups, undertakings, and/or entities on the Al-Qaida Sanctions List, may submit a petition for de-listing. The de-listing submission should explain why the individual or entity concerned no longer meets the criteria for inclusion on the Al-Qaida Sanctions List, as described in paragraphs 2 and 3 of Security Council resolution 1617 (2005) and reaffirmed in paragraph 4 of resolution 2161 (2014). Any documentation supporting the request can be referred to and/or attached together with the explanation of its relevance.
- A petitioner can submit a request for de-listing either directly to the Office of the Ombudsperson1 in accordance with paragraph 41 of resolution 2161 (2014) as outlined in Section 7 paragraph (x) of the Guidelines, or through his/her State of residence or citizenship as outlined in Section 7, paragraph (a) to (p) of the Guidelines. Individual petitioners should consult the “Application for Delisting” section of the website of the Office of the Ombudsperson
- The contact details of the Ombudsperson are as follows:
Office of the Ombudsperson
New York, NY 10017
United States of America
Tel: +1 212 963 2671
- Member States may submit delisting requests to the Committee at any time, after having bilaterally consulted with the designating State(s), the State(s) of nationality, residence or incorporation, where applicable. Further details are provided in section 7 of the Committee’s guidelines. A standard form for the submission of de-listing requests can be found in the de-listing section of the Committee's website.
- In paragraph 55 of resolution 2161 (2014), the Security Council encouraged Member States to submit delisting requests for individuals that are officially confirmed to be dead, particularly where no assets are identified, and for entities that 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 entities or individuals on the Al-Qaida Sanctions List.
- For a deceased individual, the delisting request shall be submitted either directly to the Committee by a State, or to the Office of the Ombudsperson by his/her legal beneficiary, together with official documentation certifying that status. The delisting request shall include a death certificate or similar official documentation confirming the death. The submitting State or the petitioner should also ascertain and inform the Committee whether or not any legal beneficiary of the deceased’s estate or any joint owner of his/her assets is on the Al-Qaida Sanctions List, and to the extent possible, inform the Committee about the names of any individuals or entities who would be in a position to receive any unfrozen assets of a deceased individual or defunct entity, in order to prevent unfrozen assets from being used for terrorist purposes.
- The Committee considers delisting requests that have been brought to its attention and reaches its decisions by the consensus of its 15 Members, in accordance with its decision-making process as set out in the Committee’s Guidelines.
- In accordance with paragraph 58 of resolution 2161 (2014), the Committee will give due consideration to the opinions of designating State(s), and State(s) of residence, nationality or incorporation when considering delisting requests.
- Under paragraph 39 of resolution 2161 (2014), within three working days after a name is removed from the Al-Qaida Sanctions List, the Secretariat will notify the Permanent Mission of the country or countries where the individual or entity is believed to be located and, in the case of individuals, the country of which the person is a national (to the extent this information is known). States receiving such notification are required to take measures, in accordance with their domestic laws and practices, to notify or inform the concerned individual or entity of the delisting in a timely manner.
- In paragraph 56 of resolution 2161 (2014), the Security Council also encouraged Member States, when unfreezing the assets of a deceased individual or defunct entity 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.
- For further assistance on this issue, please contact the Committee’s Secretariat through the Committee’s e-mail at: SC-1267-Committee@un.org or fax: +1 212 963 1300.
1 In accordance with paragraph 21 of resolution 1904 (2009), and after the appointment of the Ombudsperson, the Focal Point mechanism established in resolution 1730 (2006) shall no longer receive de-listing requests from any individual(s), groups, undertakings, and/or entities seeking to be removed from the Committee’s Al-Qaida Sanctions List.