4925th Meeting (AM)
SECURITY COUNCIL FREEZES ASSETS OF FORMER LIBERIAN PRESIDENT CHARLES TAYLOR,
CONCERNED THEY’LL BE USED TO UNDERMINE PEACE
Resolution 1532 (2004) Adopted Unanimously
Concerned that former President Charles Taylor and his associates were actively undermining “Liberia's transition to democracy”, the United Nations Security Council today passed a measure to freeze the money and property of the exiled leader, key members of his family and inner circle.
Acting under Chapter VII of the Charter, the Security Council unanimously adopted resolution 1532 (2004), further fleshing out the United Nations sanctions regime imposed on Liberia some three years ago by calling on all the world body’s members to search for and freeze financial assets "and economic resources owned or controlled directly or indirectly" by Taylor, his wife, Jewell Howard Taylor, and his son, Charles Taylor Junior, as well as other associates. It aims to prevent Mr. Taylor and his close allies from “using misappropriated funds and property to interfere in the restoration of peace in Liberia and the subregion”.
The measure also notes the Council’s concern that the actions of Mr. Taylor and his associates, particularly the depletion of Liberia’s resources and their removal from that country, were undermining the orderly development of its political, administrative and economic institutions and resources. Mr. Taylor resigned and fled to Nigeria last year after months of bloody clashes between rebels and government militia wrecked the Liberian capital Monrovia. He also faces a number of war crimes charges -- including murder, rape and terrorism –- for atrocities allegedly committed during Sierra Leone’s decade-long civil war in the 1990s.
Today’s resolution also asks the Committee, created by Council resolution 1521 (2003), which oversees a number of other restrictions, including a ban on Liberia's diamond exports, an arms embargo and a travel ban on Taylor and his top associates, to identify assets and economic resources owned or controlled directly or indirectly by Mr. Taylor, his family or associates, and immediately post such information on its Web site.
Also by the text, the Council will review these new measures by 22 December. It also expressed its intention to consider whether and how to make the funds and assets frozen under the measure available once Liberia’s new Government is up and running –- particularly once it has established transparent accounting and auditing mechanisms –- to directly benefit the people of the country.
The meeting began at 10:23 a.m. and ended at 10:25 a.m.
Following is the full text of resolution 1532 (2004):
“The Security Council,
“Recalling its resolution 1521 (2003) of 22 December 2003, and its other previous resolutions and statements by its President on the situation in Liberia and West Africa,
“Noting with concern that the actions and policies of former Liberian President Charles Taylor and other persons, in particular their depletion of Liberian resources, and their removal from Liberia and secreting of Liberian funds and property from that country, have undermined Liberia’s transition to democracy and the orderly development of its political, administrative, and economic institutions and resources,
“Recognizing the negative impact on Liberia of the transfer abroad of misappropriated funds and assets and the need for the international community to ensure as soon as possible, in accordance with paragraph 6 below, the return of such funds and assets to Liberia,
“Also expressing concern that former President Taylor, in collaboration with others still closely associated with him, continues to exercise control over and to have access to such misappropriated funds and property, with which he and his associates are able to engage in activities that undermine peace and stability in Liberia and the region,
“Determining that this situation constitutes a threat to international peace and security in West Africa, in particular to the peace process in Liberia,
“Acting under Chapter VII of the Charter of the United Nations,
“1. Decides that, to prevent former Liberian President Charles Taylor, his immediate family members, in particular Jewell Howard Taylor and Charles Taylor, Jr., senior officials of the former Taylor regime, or other close allies or associates as designated by the Committee established by paragraph 21 of resolution 1521 (2003) (hereinafter, “the Committee”) from using misappropriated funds and property to interfere in the restoration of peace and stability in Liberia and the sub-region, all States in which there are, at the date of adoption of this resolution or at any time thereafter, funds, other financial assets and economic resources owned or controlled directly or indirectly by Charles Taylor, Jewell Howard Taylor, and Charles Taylor, Jr. and/or those other individuals designated by the Committee, including funds, other financial assets and economic resources held by entities owned or controlled, directly or indirectly, by any of them or by any persons acting on their behalf or at their direction, as designated by the Committee, shall freeze without delay all such funds, other financial assets and economic resources, and shall ensure that neither these nor any other funds, other financial assets or economic resources are made available, by their nationals or by any persons within their territory, directly or indirectly, to or for the benefit of such persons;
“2. Decides that the provisions of paragraph 1 above do not apply to funds, other financial assets and economic resources that:
(a) have been determined by relevant State(s) to be necessary for basic expenses, including payment 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, other financial assets and economic resources, after notification by the relevant State(s) to the Committee of the intention to authorize, where appropriate, access to such funds, other financial assets and economic resources and in the absence of a negative decision by the Committee within two working days of such notification;
(b) have been determined by relevant State(s) to be 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; or
(c) have been determined by relevant State(s) to be the subject of a judicial administrative, or arbitral lien or judgement, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgement provided that the lien or judgement: was entered prior to the date of the present resolution; is not for the benefit of a person referred to in paragraph 1 above or an individual or entity identified by the Committee; and has been notified by the relevant State(s) to the Committee;
“3. Decides that all States may allow for the addition to accounts subject to the provisions of paragraph 1 above of:
(a) interest or other earnings due on those accounts; and
(b) payments due under contracts, agreements or obligations that arose prior to the date on which those accounts became subject to the provisions of paragraph 1 above;
provided that any such interest, other earnings and payments continue to be subject to those provisions;
“4. Further decides that the Committee shall:
(a) identify individuals and entities of the types described in paragraph 1 above, and promptly circulate to all States a list of said individuals and entities, including by posting such a list on the Committee’s web site;
(b) maintain and regularly update and review every six months the list of those individuals and entities identified by the Committee as being subject to the measures set forth in paragraph 1 above;
(c) assist States, where necessary, in tracing and freezing the funds, other financial assets and economic resources of such individuals and entities;
(d) seek from all States information regarding the actions taken by them to trace and freeze such funds, other financial assets and economic resources;
“5. Decides to review the measures imposed in paragraph 1 above at least once a year, the first review taking place by December 22, 2004 in conjunction with its review of the measures imposed in paragraphs 2, 4, 6 and 10 of resolution 1521 (2003), and to determine at that time what further action is appropriate;
“6. Expresses its intention to consider whether and how to make available the funds, other financial assets and economic resources frozen pursuant to paragraph 1 above to the Government of Liberia, once that Government has established transparent accounting and auditing mechanisms to ensure the responsible use of government revenue to benefit directly the people of Liberia;
“7. Decides to remain actively seized of the matter.”
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