Security Council Committee established pursuant to resolution 1267 (1999) concerning Al-Qaida and the Taliban and Associated Individuals and Entities


FACT SHEET ON LISTING

  1. This fact sheet provides basic information on the listing procedures of the Al-Qaida Sanctions Committee.
  2. Section 6 of the Committee's guidelines sets out the procedures for the submission of listing requests and other listing issues.
  3. Under these provisions, Member States are encouraged to establish a national mechanism or procedure to identify and assess appropriate candidates to propose to the Committee for listing. A criminal charge or conviction is not necessary for inclusion on the Al-Qaida Sanctions List as the sanctions are intended to be preventive in nature.
  4. In paragraph 10 of resolution 2083 (2012), the Security Council encourages all Member States to submit names for inclusion on the Al-Qaida Sanctions List. Members States have an important role to play in making the Al-Qaida Sanctions List as relevant and effective as possible.
  5. In paragraph 8 of resolution 1904 (2009), the Security Council further encourages Member States to appoint a national contact point concerning entries on the Al-Qaida Sanctions List.
  6. Member States are encouraged to submit names for listing as soon as they gather supporting evidence of association by the individual or entity concerned with Al-Qaida. The Committee will consider proposed listings on the basis of the "associated with" standard described in paragraphs 2 and 3 of resolution 1617 (2005) and as reaffirmed in resolution 2083 (2012).
  7. Before proposing names for addition to the Al-Qaida Sanctions List and if appropriate, Member States are encouraged to approach the State(s) of residence and/or citizenship of the individual or entity concerned to seek additional information. When submitting the names of groups, undertakings and/or entities, Member States are also encouraged, if they deem it appropriate, to propose the names of the individuals responsible for the decisions of the group, undertaking and/or entity concerned for listing at the same time.
  8. In accordance with paragraph 5 of resolution 1735 (2006) and paragraph 11 of resolution 2083 (2012), Member States also need to provide a detailed statement of case in support of the proposed listing. The statement of case should provide as much detail as possible on the basis(es) or justification for the listing, including:
    1. specific findings demonstrating the association or activities alleged;
    2. the nature of the supporting evidence (e.g., intelligence, law enforcement, judicial, media, admissions by subject, etc.);
    3. supporting evidence or documents that can be supplied; and
    4. the details of any connection with a currently listed individual or entity.
  9. 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 by the Committee for the development of the narrative summary.
  10. In accordance with paragraph 12 of resolution 2083 (2012), Member States are also encouraged, when proposing a new designation, as well as States that have proposed names for inclusion on the Al-Qaida Sanctions List before the adoption of resolution 2083 (2012), to specify whether the Committee may not make known, their status as a designating State.
  11.  When proposing names, Member States are requested under paragraph 13 of resolution 2083 (2012) to provide the Committee with as much relevant information as possible on the proposed name, in particular sufficient identifying information to allow for the accurate and positive identification of individuals, groups, undertakings and entities.
  12. In paragraph 13 of resolution 2083 (2012), the Security Council also calls upon Member States to use the new standard form for listing when proposing names for inclusion on the Al-Qaida Sanctions List. States are also encouraged to use the new standard form for listing for the submission of identifying information on all the names on the List. The new standard form for listing replaces the coversheet in Annex I of resolution 1735 (2006).
  13. There are separate standard forms for listing individuals and entities and two versions of these standard forms: one is titled “basic version” which is in PDF format and the other is titled “advanced version” which is in MS Word format. The difference between the 2 versions is that the “basic version” must be completed manually whilst the “advanced version” allows States to choose from drop-down menus for completion electronically. Member States are encouraged to refer to the Explanatory Notes which have been prepared to assist States in completing the new standard forms for listing.
  14. The Committee considers listing requests and reaches its decisions by the consensus of its 15 Members, in accordance with its usual decision-making process as set out in the Committee’s guidelines.
  15. If a proposal for listing is not approved within the Committee’s decision-making period of 10 full working days (with exceptions, as the Chairman shall determine for emergency and time-sensitive listings) as set out in Section 6, paragraph (n) of the Guidelines, the Committee will provide feedback to the submitting State on the status of the request.
  16. Once a listing request has been approved, the Al-Qaida Sanctions List is updated accordingly. More information on this updating process can be found in a separate Fact Sheet.
  17. In accordance with paragraph 17 of resolution 2083 (2012), after publication but within three working days after a name is added to the Al-Qaida Sanctions List, the Secretariat notifies 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). The Secretariat includes with this notification a copy of the narrative summary of reasons for listing, , a description of the effects of designation, the Committee’s procedures for considering de-listing requests including the possibility of submitting delisting requests to the Office of the Ombudsperson in accordance with paragraphs 21 of resolution 1989 (2011) and Annex II of resolution 1989 (2011), and the provisions under resolution 1452 (2002) for available exemptions.
  18. Under paragraph 17 of resolution 1822 (2008) which was reaffirmed in paragraph 20 of resolution 1989 (2011), Member States receiving such notification are required to take, in accordance with their domestic laws and practices, all possible measures to notify or inform in a timely manner, the listed individual or entity of the measures imposed on them, any information on reasons for listing available on the Committee’s website as well as all the information provided by the Secretariat in the above-mentioned notification.
  19. Under paragraph 18 (b) of Annex II of resolution 2083 (2012), where the address is known, the Office of the Ombudsperson shall also notify individuals or entities about the status of their listing, after the Secretariat has officially notified the Permanent Mission of the State or States, pursuant to paragraph 19 of the resolution.
  20. Also, unless the Committee decides otherwise, any new entry to the Al-Qaida Sanctions List will be transmitted to Interpol to request, where feasible, the issuance of an Interpol-United Nations Security Council Special Notice.
  21. Any Member State requiring further assistance on this issue may contact the Committee’s Secretariat through the Committee’s e-mail at: SC-1267-Committee@un.org or fax: +1 212 963 1300.

* *** *