The Security Council Committee pursuant to resolution 1533 (2004) concerning the Democratic Republic of the Congo (hereafter “the Committee”) oversees the sanctions measures imposed by the Security Council.

Sanctions measures

Measure

Description

Exemptions to the measure

Arms Embargo

All Member States are required to take the necessary measures to prevent the direct or indirect supply, sale or transfer, from their territories or by their nationals, or using their flag vessels or aircraft, of arms and any related materiel, and the provision of any assistance, advice or training related to military activities, including financing and financial assistance, to all non-governmental entities and individuals operating in the territory of the DRC.

Set out in paragraph 21 of resolution 1493 (2003); paragraph 2 of resolution 1596 (2005); 2, 3, and 4 of resolution 1771 (2007); 2 and 3 of resolution 1807 (2008).

Arms Embargo

(Notifications)

All Member States are required to notify in advance to the Committee any shipment of arms and related materiel for the DRC, or any provision of assistance, advice or training related to military activities in the DRC, [except those covered by exemptions]; notifications must contain all relevant information, including, where appropriate, the end-user, the proposed date of delivery and the itinerary of shipments.

None.

Travel Ban

 

All Member States are required to take the necessary measures to prevent the entry into or transit through their territories of all persons designated by the Committee as acting in violation of the arms embargo; political and military leaders of foreign armed groups who impede the disarmament and the voluntary repatriation or resettlement of combatants belonging to those groups; political and military leaders of Congolese militias receiving support from outside the DRC who impede the participation of their combatants in disarmament, demobilization and reintegration processes; political and military leaders recruiting or using children in armed conflict, and individuals committing serious violations of international law involving the targeting of children in situations of armed conflict including killing and maiming, sexual violence, abduction and forced displacement; individuals obstructing the access to or distribution of humanitarian assistance in the eastern part of the DRC, as well as individuals or entities supporting the illegal armed groups in eastern DRC through the illicit trade of natural resources.

Set out in paragraphs 13 and 14 of resolution 1596 (2005); 3 of resolution 1649 (2005); 10 of resolution 1807 (2008); 10 of resolution 2078 (2012).

 

 

Assets Freeze

 

All Member States are required to freeze the funds, other financial assets and economic resources which are owned or controlled, directly or indirectly, by persons designated by the Committee, or that are held by entities owned or controlled, directly or indirectly, by any persons acting on their behalf or at their direction; by political and military leaders of foreign armed groups who impede the disarmament and the voluntary repatriation or resettlement of combatants belonging to those groups; political and military leaders of Congolese militias receiving support from outside the DRC who impede the participation of their combatants in disarmament, demobilization and reintegration processes; political and military leaders recruiting or using children in armed conflict, and individuals committing serious violations of international law involving the targeting of children in situations of armed conflict including killing and maiming, sexual violence, abduction and forced displacement; individuals obstructing the access to or distribution of humanitarian assistance in the eastern part of the DRC, as well as individuals or entities supporting the illegal armed groups in eastern DRC through the illicit trade of natural resources.

All Member States are required to ensure that no funds, financial assets or economic resources are made available by their nationals or by any persons within their territories, to or for the benefit of such persons or entities.

Set out in paragraphs 16 of resolution 1596 (2005) and 12 of resolution 1807 (2008).

Transport

Decides that all governments in the region, and in particular those of the Democratic Republic of the Congo and of States bordering Ituri and the Kivus, shall take the necessary measures: (a) To ensure that aircraft operate in the region in accordance with the Convention on International Civil Aviation, signed in Chicago on 7 December 1944, in particular by verifying the validity of documents carried in aircraft and the licenses of pilots; (b) To prohibit immediately in their respective territories operation of any aircraft inconsistent with the conditions in that Convention or the standards established by the International Civil Aviation Organisation, in particular with respect to the use of falsified or out-of-date documents, to notify the Committee of the measures they take in this regard;

None.

Customs

Decides that the government of the Democratic Republic of the Congo on the one hand, and those of States bordering Ituri and the Kivus on the other hand, shall take the necessary measures: (a) To strengthen, as far as each of them is concerned, customs controls on the borders between Ituri or the Kivus and the neighbouring States; (b) To ensure that all means of transport on their respective territories will not be used in violation of the measures taken by Member States in accordance with paragraph 1 above, and notify the Committee of such actions.

None.

Work and mandate of the Committee

The Committee comprises all 15 members of the Security Council and makes its decision by consensus. The current Chair of the Committee, for the period ending 31 December 2017, is His Excellency Mr. Amr Abdellatif Aboulatta (Egypt). The two Vice-Chairs for 2017 are Ukraine and Uruguay. The Committee prepares annual reports of its activities. The Committee has Guidelines for the conduct of its work. Formal and informal meetings of the Committee are announced in the Journal of the United Nations. The work of the Committee is supported by the Group of Experts on the Democratic Republic of the Congo.

By Resolution 2293(2016), the Committee is mandated to:

  • seek from all States, and particularly those in the region, information regarding the actions taken by them to implement effectively the measures imposed by paragraphs 1, 6, 8, 9 and 11 above and to comply with paragraphs 18 and 24 of resolution 1493, and thereafter to request from them whatever further information it may consider useful, including by providing States with an opportunity, at the Committee’s request, to send representatives to meet with the Committee for more in-depth discussion of relevant issues;
  • examine, and to take appropriate action on, information concerning alleged violations of the measures imposed by paragraph 1 of resolution 2293 (2016) and information on alleged arms flows highlighted in the reports of the Panel of Experts on the Illegal Exploitation of Natural Resources and Other Forms of Wealth in the Democratic Republic of the Congo, identifying where possible individual and legal entities reported to be engaged in such violations, as well as aircraft or other vehicles used;
  • present regular reports to the Council on its work, with its observations and recommendations, in particular on the ways to strengthen the effectiveness of the measures imposed by paragraph 1 of resolution 2293;
  • receive notifications in advance from States made under paragraph 5 above, to inform MONUC and the Government of the Democratic Republic of the Congo of every notification received, and to consult with the Government of the Democratic Republic of the Congo and/or the notifying State, if appropriate, to verify that such shipments are in conformity with the measures set forth in paragraph 1 above, and to decide, if need be, upon any action to be taken;
  • designate, pursuant to paragraph 13 above, persons and entities as subject to the measures set forth in paragraphs 9 and 11 above, including aircraft and airlines in light of paragraphs 5 and 7 above, and regularly to update its list,
  • call upon all States concerned, and particularly those in the region, to provide the Committee with information regarding the actions taken by them to investigate and prosecute as appropriate individuals and entities designated by the Committee pursuant to subparagraph (e) above,
  • consider and decide on requests for the exemptions set out in paragraphs 10 and 12 above,,
  • promulgate guidelines as may be necessary to facilitate the implementation of paragraphs 1, 6, 8, 9 and 11 above;

Further information on measures

The Committee was initially established pursuant to resolution 1533 (2004)  on 12 March 2004 to oversee the arms embargo applied to all foreign and Congolese armed groups and militias operating in North and South Kivu and Ituri, and to groups not party to the Global and All-inclusive agreement in the DRC, as imposed by Security Council resolution 1493 (2003).

Arms Embargo

The Security Council first imposed an arms embargo applied to all foreign and Congolese armed groups and militias operating in North and South Kivu and Ituri, and to groups not party to the Global and All-inclusive agreement in the DRC on 28 July 2003 with the adoption of resolution 1493 (2003). Subsequent resolutions elaborated, amended and introduced exemptions to arms embargo. By resolution 1596 (2005), the arms embargo was extended to any recipient in the territory of the DRC, but provided exemptions for government forces; i.e., all future authorized shipments of arms…were to be made to receiving sites as designated by the Government, in coordination with MONUC, and notified in advance to the Committee. On 31 March 2008, the Council decided that the arms embargo would no longer apply to DRC Government, but to all non-governmental entities and individuals operating in the territory of the DRC, by resolution 1807 (2008).

Targeted Sanctions

By resolution 1596 (2005), the Security Council decided to impose a travel ban on individuals; and an assets freeze on individuals and entities, as designated by the Committee. Paragraphs 10 and 12 of resolution 1807 (2008) contain exemptions to those measures. Under the sanctions regime, the Committee is mandated to consider designating individuals or entities on the basis of the criteria contained in paragraph 13 of resolution 1596 (2005), paragraphs 2 (a) and (b) of  resolution 1649 (2005), paragraph 13 of resolution 1698 (2006), paragraph 13 (e) of resolution 1807 (2008), paragraphs 4 (f) and (g) of resolution 1857 (2008), paragraphs 4 (g), (h) and (i) of resolution 2078 (2012) and paragraph 4 (j) of resolution 2136 (2014).

Summary of listing criteria

Criteria

Relevant Resolution

The overarching criterion for which a sanctions designation can be made, as set out in paragraph 7 of resolution 2293 (2016) is:

  • Engaging in or providing support for acts that undermine the peace, stability or security of the DRC.

Such acts may include, but are not limited to:

acting in violation of the measures taken by Member States in accordance with paragraph 1 (arms embargo);

Paragraph 7 (a) of resolution 2293 (2016)

Political and military leaders of foreign armed groups operating in the DRC who impede the disarmament and the voluntary repatriation or resettlement of combatants belonging to those groups;

Paragraph 7 (b) of resolution 2293 (2016)

 

political and military leaders of Congolese militias, including those receiving support from outside the DRC, who impede the participation of their combatants in disarmament, demobilization and reintegration processes;

Paragraph 7 (c) of resolution 2293 (2016)

recruiting or using children in armed conflict in the DRC in violation of applicable international law;

Paragraph 7 (d) of resolution 2293 (2016)

 

planning, directing, or committing acts in the DRC that constitute human rights violations or abuses or violations of international humanitarian law, as applicable, including those acts involving the targeting of civilians, including killing and maiming, rape and other sexual violence, abduction, forced displacement, and attacks on schools and hospitals;

Paragraph 7 (e) of resolution 2293 (2016)

obstructing the access to or the distribution of humanitarian assistance in the DRC;

Paragraph 7 (f) of resolution 2293 (2016)

 

supporting individuals or entities, including armed groups or criminal networks, involved in destabilizing activities in the DRC through the illicit exploitation or trade of natural resources, including gold or wildlife as well as wildlife products;

Paragraph 7 (g) of resolution 2293 (2016)

 

acting on behalf of or at the direction of a designated individual or entity, or acting on behalf of or at the direction of an entity owned or controlled by a designated individual or entity;

Paragraph 7 (h) of resolution 2293 (2016)

 

planning, directing, sponsoring or participating in attacks against MONUSCO peacekeepers or United Nations personnel

Paragraph 7 (i) of resolution 2293 (2016)

providing financial, material, or technological support for, or goods or services to, or in support of a designated individual or entity;

Paragraph 7 (j) of resolution 2293 (2016)