Afghanistan

Recent Sanctions-related UN Resolutions

22 December 2015 - With Resolution 2255 the Security Council decides to freeze assets, ban travel and prevent supply or transfer of arms for the Talibans and individuals associated with the Talibans in constituting a threat to the peace, stability and security of Afghanistan as designated by the Committee in the 1988 Sanction List hereafter referred to by the Security Council as ”the List”.

The mandate of the Monitoring Team is extended for a period of 24 months from the current mandate that expires in December 2017.

On 17 June 2014 – With Resolution 2160 the Security Council decides that all States shall impose asset freeze, travel ban and arms embargoes previously decided on in resolutions 1333 (2000), 1390 (2002) and 1988 (2011) with respect to Al-Qaida and individuals associated with them. Requirements for listing and delisting of individuals are specified in the resolution.

On 17 December 2012 – With Resolution 2082 the Security Council decides to freeze assets, ban travel and prevent supply or transfer of arms for the Talibans and individuals associated with the Talibans in constituting a threat to the peace, stability and security of Afghanistan. After a name has been added to the list, the Committee shall notify Government of Afghanistan, the permanent mission of Afghanistan and the Permanent Mission of the State(s) where the individual is believed to be located and the State(s) of which the person is believed to be a national. 

On 17 June 2011, the Security Council unanimously adopted resolutions 1988 (2011) and 1989 (2011) as successor resolutions to resolution 1904 (2009). By adopting these resolutions, the Security Council decides to split the Al-Qaida and Taliban sanctions regime. Resolution 1989 (2011) stipulates that the sanctions list maintained by the Security Council Committee established pursuant to resolution 1267 (1999) will henceforth be known as the “Al-Qaida Sanctions List” and include only names of those individuals, groups, undertakings and entities associated with Al-Qaida.

On 17 June 2011, the Security Council unanimously adopted resolutions 1988 (2011) and 1989 (2011) as successor resolutions to resolution 1904 (2009). By adopting these resolutions, the Security Council decided to split the Al-Qaida and Taliban sanctions regime. Resolution 1989 (2011) stipulates that the sanctions list maintained by the Security Council Committee established pursuant to resolution 1267 (1999) will henceforth be known as the “Al-Qaida Sanctions List” and include only names of those individuals, groups, undertakings and entities associated with Al-Qaida.

On 17 December 2009 – With Resolution 1904 the Security Council decides that all States shall impose asset freeze, travel ban and arms embargoes on Al-Qaida, Usama bin Laden and the Taliban and on individuals associated with them in accordance with previous resolutions (first one 1267; 1999). Secretariat shall notify Permanent Missions of the country or countries where listed individual is believed to be located and the country of which the person is a national (resolution 1735; 2006).

The Office of the Ombudsperson was adopted with resolution 1904 with a mandate for eighteen months:

http://www.un.org/en/sc/ombudsperson/

30 June 2008 - With Resolution 1822 it is decided that all states shall take the measures that have been imposed through previous resolutions, including the asset freezes, travel bans and the arms embargo. The mandate of the Monitoring Team is extended for a further 18 months.

Regarding listing and delisting of individuals and entities, when a name is added the Committee is directed to make accessible on the Committee’s web site reasons for listing. Also it is decided that the Permanent Mission of the country or countries where the individual or entity is believed to be located and the country where the person is a national should be notified within one week after the name is added or removed from the list. States receiving notification of delisting are demanded to notify concerned individuals or entities in a timely manner.

22 December 2006 – With resolution 1735 it is decided that all states shall take the measures that have been imposed through previous resolutions, including the asset freezes, travel bans and the arms embargo. The mandate of the Monitoring Team is extended for a further 18 months.

Regarding listing of individuals and entities the Secretariat is given the responsibility to inform the Permanent Mission of the country where the person or organisation is located and, in cases of individuals, notify the government where he or she is a national. Included in the information package will for instance be the Committee’s procedures for delisting. Concerning delisting the Committee is given a number of guidelines in order to proceed in developing criteria for the delisting requests of individuals and entities on the Consolidated list.

29 July 2005, the Security Council further strengthened and clarified the targeted measures imposed against Al-Qaida, Usama bin Laden, and the Taliban and other individuals, groups, undertakings, and entities associated with them, by adopting resolution 1617 (2005).

Reform of the CTC
8 October, 2004- By adopting Resolution 1566 the Security Council again strenghtens the struggle against international terrorism. The resolution sets up a working group to consider recommendations on further mesures that can be used against individuals and entitites involved in terrrorism, not already identified by the Al-Qaida and Taliban Sanctions Committee. This includes examining appropriate approaches for bringing them to justice through prosecution or extradition. See UNSCR 1566

26 March 2004, The Security Council has decided to restructure its Counter-Terrorism Committee (CTC) in an effort to revitalize the panel's efforts to fight international terrorism. In resolution 1535 (2004) it was decided that the CTC would consist of a Plenary - comprising the Security Council's 15 Member States and focusing on wider strategic and policy decisions - and a Bureau, which would be comprised of expert and Secretariat staff, known as the Counter Terrorism Executive Directorate (CTED), headed by an Executive Director. The resolution includes a 'sunset clause' for the CTED, set for 31 December 2007. A comprehensive review of the Directorate is also set to be done by 31 December 2005.

5 March 2004, A proposal has been presented by the chairman of the
Counter-terrorism Committee (CTC) on reforms of the Committee. The reform is meant to further enhance CTC's shifting role from passively monitoring compliance to actively judging that compliance. Under the reform plan a counterterrorism directorate would be established, headed by an executive director. The directorate would be composed of council members, Secretariat staff, and technical experts (customs, international financial systems, drug trafficking, human rights and weapons of mass destruction). The new structure would have a sunset clause of December 2007, i.e. automatically expiring at that date if not renewed by the Security Council. This proposal stems from many of the practical problems countries are experiencing when implementing antiterrorism resolutions.

30 January 2004, The Security Council tightens the sanctions regime against the Taliban and Al-Qaida by adopting resolution 1526. The measures adopted cover additional kinds of financial assets and mechanisms to ensure implementation. The idea is to not only freeze assets and economic resources but reference is made to properties, to concrete resources rather than banks. The resolution deals with the role of non-profit organizations and informal, alternative remittance systems, while adding new internal reporting requirements to tackle currency movements across borders.

The resolution also establishes a New York based Analytical Support and Sanctions Monitoring Team, to provide the committee with comprehensive and independent reports on the situation, for a year.

See UNSCR 1526 (2004)

Resolution 1455 (2003): 17 January, the Security Council extended the sanctions regime imposed by resolution 1390 (2002) and reappointed the Monitoring Group for 12 months.

Guidance for States in preparing reports pursuant to resolution 1455 (2003).

The Committee updates a list of individuals and entities associated with the Taliban (resolution 1267) and Usama bin Laden (resolution 1333), whose financial resources and assets should be frozen.  The latest comprehensive list was issued as SC/7222/Rev.1* and a number of addenda have since followed. An up-to-date list is available. >>

Resolution 1455 adopted in January 2003 extended the sanctions regime imposed by resolution 1390 (2002) and reappointed the Monitoring Group for another 12 months (until January 2004). The latest report of the Monitoring Group was issued in December 2002 (S/2002/1338). The second report of the Monitoring Group pursuant to resolution 1390 (2002), S/2002/1050, was issued on 20 September 2002. The first report, S/2002/541, was issued on 15 May 2002.

Resolution 1390 (2002), adopted on 16 January 2002, incorporated most of the measures imposed by the previous resolutions and targets Usama Bin Laden, the Taliban and individuals/entities associated with them including the Al-Qaida organisation. The resolution terminated the aviation ban and did not renew the Taliban/Ariana Afghan Airlines representation ban, which thus expired in January 2002. While the financial sanctions of the previous resolutions were kept in place, the resolution in addition imposed a travel ban and amended the arms embargo to target the mentioned individuals and entities rather than an entity controlling a specific territory. The mandate of the Monitoring Group was extended until January 2003.

Resolution 1363 (2001), adopted in July 2001, requested the establishment of a Mechanism to monitor and make recommendations on the implementation of the measures imposed by resolutions 1267 (1999) and 1333 (2000) and to offer assistance to States bordering the territory of Afghanistan under Taliban control.  This five-member Monitoring Group, established in September 2001 submitted its first report on 14 January 2002 (S/2002/65).

Resolution 1333 (2000), adopted in December 2000, in addition established an arms embargo, a ban on Taliban and Ariana Afghan Airlines offices abroad (representation ban), and financial sanctions aimed at Usama bin Ladin and the al-Qaida network. The flight ban was broadened to include non-Taliban aircraft. The resolution also called for the establishment of a Committee of Experts to make recommendations on how best to monitor the arms embargo and the closure of terrorist training camps.  The Committee of Experts submitted its report in May 2001 (S/2001/511).

Security Council resolution 1267 (1999), adopted in October 1999, insisted that the Taliban close all terrorist training camps on the territory under its control and demanded that they turn over Usama bin Laden to appropriate authorities by 14 November 1999.  As the Taliban did not comply, an aviation ban and financial sanctions were imposed against the Taliban.  A Committee to monitor the implementation of the sanctions was also established.

Recent resolutions by the UNSC

North Korea

30 November 2016 – With Resolution 2321 the Security Council decides that Members of the Government of DPRK and vessels believed to be related to nuclear- or ballistic missile-related programmes or activities prohibited Security Council resolutions, shall be prohibited from entering Member States’ territories and ports. Member states shall prohibit DPRK from using real property in their territory for any purpose other than diplomatic activities and take necessary measures to close bank accounts in DPRK within 90 days.

A ban on DPRK’s selling, and Member States’ procurement, of copper, nickel, silver and zink is imposed.

The mandate of the Committee set out in resolution 1718 shall apply also to the measures imposed in this resolution.

Somalia

10 November 2016 – With Resolution 2317 the Security Council decides to renew the provisions set out in resolution 2142 (2014) stating that the arms embargo on Somalia shall not apply deliveries of weapons, ammunition or military equipment or the provision of advice, assistance or training, intended solely for the development of the Security Forces of the Federal Government of Somalia to provide security for the Somali people. 

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