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).

 

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.

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 paragraph 20 of resolution 1493 and to comply with paragraphs 18 and 24 of the same resolution, 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 20 of resolution 1493 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 20 of resolution 1493;
  • consider the lists referred to hereafter in paragraph 10 (g) with a view to submitting recommendations to the Council for possible future measures to be taken in this regard;
  • receive notifications in advance from States made under paragraph 21 of resolution 1493 and to decide, if need be, upon any action to be taken;

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, 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

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

Paragraph 13 of resolution 1596 (2005)

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;

Political and military leaders of Congolese militias receiving support from outside the DRC and in particular those operating in Ituri, who impede the participation of their combatants in DDR processes;

Paragraphs 2 (a) and (b) of resolution 1649 (2005)

 

Political and military leaders recruiting or using children in armed conflict in violation of applicable international law;

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;

Paragraph 13 of resolution 1698 (2006)

 

Individuals operating in the Democratic Republic of the Congo and committing serious violations of international law involving the targeting of children or women in situations of armed conflict, including killing and maiming, sexual violence, abduction and forced displacement;

Paragraph 13 (e) of resolution 1807 (2008)

 

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

Individuals or entities supporting the illegal armed groups in the eastern part of the DRC through illicit trade of natural resources;

Paragraphs 4 (f) and (g) of resolution 1857 (2008)

 

Individuals or entities illegally supporting armed groups in the eastern part of the DRC  through illicit trade of natural resources, including gold;

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

Individuals or entities who plan, sponsor or participate in attacks against MONUSCO peacekeepers;

Paragraphs 4 (g), (h) and (i) of resolution 2078 (2012)

 

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

Paragraph 4 (j) of resolution 2136 (2014)