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Arms Embargo

Submitted by wsd_admin on 11 September 2018 - 4:33pm

I. Relevant paragraphs of Security Council resolutions and Committee Guidelines

 

The exceptions and exemptions, for certain actors in Somalia, from the arms embargo on Al-Shabaab in Somalia, are provided for by the following:

  • Security Council Resolution 2713 (2023): paragraphs 34-41 and 44. 

The arms embargo does not apply to:

  1. the Government of the Federal Republic of Somalia (GFRS);
  2. the Somali National Army;
  3. the National Intelligence and Security Agency of Somalia;
  4. the Somali National Police Force; and
  5. the Somali Custodial Corps.

II. Who is entitled to submit the arms embargo exemption notifications?

 

  • The GFRS has the primary responsibility to notify the Committee, and all prospective suppliers of weapons and ammunition should consult with the GFRS.

III. What type of arms embargo exemptions are currently in force?

 

There are three types of arms embargo exemptions:

  • for the absence of a negative decision by the Committee;
  • for the Committee’s information; and
  • standing exemptions (or exceptions);


1. Arms embargo exemptions for the absence of a negative decision by the Committee

Pursuant to paragraph 36 of resolution 2713 (2023), deliveries  of items in Annex A to the same resolution to FMS and regional governments, or to licenced private security companies operating in Somalia, to provide security for international and commercial premises and personnel in Somalia, require the absence of a negative decision by the Committee, with the notification submitted at least five working days in advance by the GFRS. Such notifications must contain the following information:

  1. Details of the manufacturer and supplier of the weapons, ammunition and military equipment, including type, lot/batch and serial numbers;
  2. A description of the arms and ammunition including the type, calibre and quantity;
  3. The proposed date and place of delivery;
  4. All relevant information concerning the intended destination unit, or the intended place of storage.

2. Arms embargo exemptions for the Committee’s information

Pursuant to paragraph 37 of resolution 2713 (2023), deliveries of items in Annex B to the same resolution  to FMS and regional governments, or to licenced private security companies operating in Somalia, to provide security for international and commercial premises and personnel in Somalia, are subject to notifications to the Committee, for information only, submitted at least five working days in advance by the GFRS.  Such notifications must contain the following information:

  1. Details of the manufacturer and supplier of the weapons, ammunition and military equipment, including type, lot/batch and serial numbers;
  2. A description of the arms and ammunition including the type, calibre and quantity;
  3. The proposed date and place of delivery;
  4. All relevant information concerning the intended destination unit, or the intended place of storage.

Please Note that pursuant to paragraph 39 of resolution 2713 (2023), where paragraphs 36 or 37 of the same resolution apply, the GFRS shall no later than 30 days after the delivery of weapons and military equipment, submit to the Committee a post-delivery notification in the form of written confirmation of the completion of any delivery,  including:

  1. The type, quantities, lot/batch and serial numbers for the weapons and military equipment delivered;
  2. Shipping information, bill of lading, cargo manifests or packing lists;
  3. Intended end-user; and
  4. The specific place of storage.

Please Note that pursuant to paragraph 41 of resolution 2713 (2023), the Committee will share all notifications with the appropriate national coordinating body in Somalia, the Office of National Security.

3. Standing arms embargo exemptions (or exceptions)

Pursuant to paragraph 34 of resolution 2713 (2023), the arms embargo on Al-Shabaab in Somalia shall not apply to supplies of weapons, ammunition or military equipment intended solely for the support of, or use by:

  1. United Nations personnel, including UNSOM and UNSOS;
  2. ATMIS and its Troop- and Police-Contributing Countries, as well as its strategic partners who are operating solely under the latest African Union Strategic Concept of Operations and in cooperation and coordination with ATMIS; and,
  3. European Union training and support activities, Türkiye, the United Kingdom of Great Britain and Northern Ireland and the United States of America, as well as any other Member State forces, with a status of forces agreement or a memorandum of understanding with the GFRS, provided that they inform the Committee, for information purposes only, about the existence of such agreements.

 

Please Note that these organisations and States, or those subsequently added, are required by 15 November 2024 to provide an update on the support provided to Somalia since the adoption of resolution 2713 (2023) and a consolidated list of the weapons, ammunition and military equipment imported in the reporting period, including: the manufacturer, type, calibre, and lot/batch and serial numbers.

 

Pursuant to paragraph 35 of resolution 2713 (2023), the arms embargo on Al-Shabaab in Somalia shall not apply to supplies of weapons, ammunition or military equipment intended solely for the support of, or use by:

  1. Somalia’s FMS and regional governments; or
  2. Licenced private security companies operating in Somalia.

 

except in relation to items in Annexes A and B to this resolution, which are subject to the procedures as set out in paragraphs 36 and 37 to resolution 2713 (2023).

Pursuant to paragraph 44 of resolution 2713 (2023), the arms embargo on Al-Shabaab in Somalia shall not apply to:

  1. supplies of protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by United Nations personnel, representatives of the media, private security contractors and humanitarian and development workers and associated personnel for their personal use only;
  2. the delivery of non-lethal military equipment by States, or international, regional or sub-regional organisations intended solely for humanitarian or protective use; and
  3. entry into Somali ports for temporary visits of vessels carrying weapons and military equipment for defensive purposes provided that such items remain at all times aboard such vessels.

IV. How to make the request for exemptions from the general arms embargo?

Please address requests/notifications in connection with arms embargo exemptions to:

  • The Chair of the Committee, His Excellency, Kazuyuki Yamazaki, through the Permanent Mission of Japan to the United Nations

With copies to:

V. Decision-making of the Committee

The Chair will inform in writing of the outcome in the Committee, following consideration of exemption notifications subject to the absence of a negative decision in the Committee.