Security Council: Text of Resolution 2082(2012) on Taliban sanctions regime

Dec 17, 2012

(Security Council: Text of Resolution 2082(2012) on Taliban sanctions regime as adopted by the Security Council on 17 December 2012)

            The Security Council,

           Recalling its previous resolutions on international terrorism and the threat it poses to Afghanistan, in particular its resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1373 (2001), 1390 (2002), 1452 (2002), 1455 (2003), 1526 (2004), 1566 (2004), 1617 (2005), 1624 (2005), 1699 (2006), 1730 (2006), 1735 (2006), 1822 (2008), 1904 (2009), 1988 (2011), 1989 (2011), and the relevant statements of its President,

           Recalling its previous resolutions extending through March 23, 2013 the mandate of the United Nations Assistance Mission in Afghanistan (UNAMA) as established by resolution 2041 (2012),

           Recalling its resolutions on the recruitment and use of children and armed conflict,

           Expressing its strong concern about the security situation in Afghanistan, in particular the ongoing violent and terrorist activities by the Taliban, Al-Qaida, illegal armed groups, criminals and those involved in the narcotics trade, and the strong links between terrorism activities and illicit drugs, resulting in threats to the local population, including children, national security forces and international military and civilian personnel,

           Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Afghanistan,

           Stressing the importance of a comprehensive political process in Afghanistan to support reconciliation among all Afghans,

            

           Recognizing that the security situation in Afghanistan has evolved and that some members of the Taliban have reconciled with the Government of Afghanistan, have rejected the terrorist ideology of Al-Qaida and its followers, and support a peaceful resolution to the continuing conflict in Afghanistan,

           Recognizing that notwithstanding the evolution of the situation in Afghanistan and progress in reconciliation, the situation in Afghanistan remains a threat to international peace and security, and reaffirming the need to combat this threat by all means, in accordance with the Charter of the United Nations and international law, including applicable human rights, refugee and humanitarian law, stressing in this regard the important role the United Nations plays in this effort,

           Reiterating its firm commitment to support the Government of Afghanistan in its efforts to advance the peace and reconciliation process, in line with the Kabul Communiqué and the Bonn Conference Conclusions, and within the framework of the Afghan Constitution and application of the procedures introduced by the Security Council in its resolution 1988 (2011) as well as other relevant resolutions of the Council,

           Welcoming the decision taken by some members of the Taliban to reconcile with the Government of Afghanistan, to reject the terrorist ideology of Al-Qaida and its followers, and to support a peaceful resolution to the continuing conflict in Afghanistan, and urging all those individuals, groups, undertakings and entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan, to accept the Government of Afghanistan’s offer of reconciliation,

           Reiterating the need to ensure that the present sanctions regime contributes effectively to ongoing efforts to combat the insurgency and support the Government of Afghanistan’s work to advance reconciliation in order to bring about peace, stability, and security in Afghanistan,

           Taking note of the Government of Afghanistan’s request that the Security Council support national reconciliation, including by removing names from the UN sanctions lists for those who reconcile, and, therefore, have ceased to engage in or support activities that threaten the peace, stability and security of Afghanistan,

           Expressing its intention to give due regard to lifting sanctions on those who reconcile,

            

            

          

           Welcoming the appointment of the new chairman of the High Peace Council in April 2012 as an important step in the Afghan-led and Afghan-owned peace and reconciliation process,

           Stressing the central and impartial role that the United Nations continues to play in promoting peace, stability and security in Afghanistan, and expressing its appreciation and strong support for the ongoing efforts of the Secretary-General and his Special Representative for Afghanistan to assist the High Peace Council’s peace and reconciliation efforts,

           Reiterating its support for the fight against illicit production and trafficking of drugs from, and chemical precursors to, Afghanistan, in neighbouring countries, countries on trafficking routes, drug destination countries and precursors producing countries,

           Condemning the  incidence of kidnapping and hostage-taking with the aim of raising funds, or gaining political concessions, and expressing the need for this issue to be addressed,

          

           Acting under Chapter VII of the Charter of the United Nations,

 

                            Measures

 

           1.        Decides that all States shall take the following measures with respect to individuals and entities designated prior to the date of adoption of resolution 1988 (2011) as the Taliban, as well as other individuals, groups, undertakings and entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan as designated by the Committee established in paragraph 30 of resolution 1988 (“the Committee”);, (hereafter known as “the List”):

           (a)      Freeze without delay the funds and other financial assets or economic resources of these individuals, groups, undertakings and entities, including funds derived from property owned or controlled directly or indirectly, by them or by persons acting on their behalf or at their direction, and ensure that neither these nor any other funds, financial assets or economic resources are made available, directly or indirectly for such persons’ benefit, by their nationals or by persons within their territory;

           (b)      Prevent the entry into or transit through their territories of these individuals, provided that nothing in this paragraph shall oblige any State to deny entry or require the departure from its territories of its own nationals and this paragraph shall not apply where entry or transit is necessary for the fulfilment of a judicial process or the Committee determines on a case-by-case basis only that entry or transit is justified, including where this directly relates to supporting efforts by the Government of Afghanistan to promote reconciliation;

           (c)      Prevent the direct or indirect supply, sale, or transfer to these individuals, groups, undertakings and entities from their territories or by their nationals outside their territories, or using their flag vessels or aircraft, of arms and related materiel of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical advice, assistance, or training related to military activities;

           2.        Decides that the acts or activities indicating that an individual, group, undertaking or entity is eligible for designation under paragraph 1 include:

           (a)      Participating in the financing, planning, facilitating, preparing or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of;

           (b)      Supplying, selling or transferring arms and related materiel to;

           (c)      Recruiting for; or

           (d)      Otherwise supporting acts or activities of those designated and other individuals, groups, undertakings and entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan;

           3.        Affirms that any undertaking or entity owned or controlled, directly or indirectly by, or otherwise supporting, such an individual, group, undertaking or entity on the List, shall be eligible for designation;

           4.        Notes that such means of financing or support include but are not limited to the use of proceeds derived from illicit cultivation, production and trafficking of narcotic drugs and their precursors originating in and transiting through Afghanistan;

           5.        Confirms that the requirements in paragraph 1 (a) above apply to financial and economic resources of every kind, including but not limited to those used for the provision of Internet hosting or related services, used for the support of those  on this List, as well as other individuals, groups, undertakings or entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan;

           6.        Confirms further that the requirements in paragraph 1 (a) above shall also apply to the payment of ransoms to individuals, groups, undertakings or entities on the List;

           7.        Decides that Member States may permit the addition to accounts frozen pursuant to the provisions of paragraph 1 above of any payment in favour of listed individuals, groups, undertakings or entities, provided that any such payments continue to be subject to the provisions in paragraph 1 above and are frozen;

Exemptions

           8.        Recalls its decision that all Member States may make use of the provisions set out in paragraphs 1 and 2 of resolution 1452 (2002), as amended by resolution 1735 (2006) regarding available exemptions with regard to the measures in paragraph 1 (a), and encourages their use by Member States;

           9. Underlines the importance of a comprehensive political process in Afghanistan to support peace and reconciliation among all Afghans,  invites the Government of Afghanistan, in close coordination with the High Peace Council, to submit for the Committee’s consideration the names of listed individuals for whom it confirms travel to such specified location or locations is necessary to participate in meetings in support of peace and reconciliation, and requires such submissions to include, to the extent possible, the following information:

(a)     the passport number or travel document number of the listed individual,

(b)     the specific location or locations to which each listed individual  is expected to travel and their anticipated transit points, if any,

(c)     the period of time, not to exceed nine months, during which listed individuals are expected to travel;

 

           10. Decides that the travel ban imposed by paragraph 1(b) shall not apply to individuals identified pursuant to paragraph 9bis above, where the Committee determines, on a case-by-case basis only, that such entry or transit is justified, further decides that any such exemption approved by the Committee shall only be granted for the requested period for any travel to the specified location or locations, directs the Committee to decide on all such exemption requests, as well as on requests to amend or renew previously-granted exemptions, or on a request by any Member State to revoke previously-granted exemptions, within ten days of receiving them; and affirms that, notwithstanding any exemption from the travel ban, listed individuals remain subject to the other measures outlined in paragraph 1 of this resolution;

           11. Requests the Government of Afghanistan, through the Monitoring Team, to provide to the Committee, for its consideration and review, a report on each individual’s travel under a granted exemption, promptly upon the exemption’s expiration, and encourages relevant Member States to provide information to the Committee, as appropriate, on any instances of non-compliance;

 

                            Listing

 

           12.      Encourages all Member States, in particular the Government of Afghanistan, to submit to the Committee  for inclusion on the List names of individuals, groups, undertakings and entities participating, by any means, in the financing or support of acts or activities described in paragraph 2 above;

           13.      Recalls its decision that, when proposing names to the Committee for inclusion on the List, Member States shall provide the Committee with as much relevant information as possible on the proposed name, in particular sufficient identifying information to allow for the accurate and positive identification of individuals, groups, undertakings and entities, and to the extent possible, the information required by Interpol to issue a Special Notice; and directs the Monitoring Team to report to the Committee on further steps that could be taken to improve identifying information, as well as steps to ensure that INTERPOL-UN Special Notices exist for all listed individuals, groups, undertakings, and entities;  

           14.      Recalls its decision that, when proposing names to the Committee for inclusion on the List, Member States shall also provide a detailed statement of case, and that the statement of case shall be releasable, upon request, except for the parts a Member State identifies as being confidential to the Committee, and may be used to develop the narrative summary of reasons for listing described in paragraph 15 below;

           15.      Directs the Committee, with the assistance of the Monitoring Team and in coordination with the relevant designating States, to make accessible on the Committee’s website, at the same time a name is added to the List, a narrative summary of reasons for listing for the corresponding entry;

           16.      Calls upon all members of the Committee and the Monitoring Team to share with the Committee any appropriate information they may have available regarding a listing request from a Member State so that this information may help inform the Committee’s decision on designation and provide additional material for the narrative summary of reasons for listing described in paragraph 15;

           17.      Requests the Secretariat to publish on the Committee’s website all relevant publicly releasable information, including the narrative summary of reasons for listing, immediately after a name is added to the List, and highlights the importance of making the narrative summary of reasons for listing available in all official languages of the United Nations in a timely manner;

           18.      Strongly urges Member States, when considering the proposal of a new designation, to consult with the Government of Afghanistan on the designation prior to submission to the Committee, to ensure coordination with the Government of Afghanistan’s peace and reconciliation efforts, and encourages all Member States considering the proposal of a new designation to seek advice from UNAMA, where appropriate;

           19.      Decides that the Committee shall, after publication but within three working days after a name is added to the List, notify the Government of Afghanistan, the Permanent Mission of Afghanistan, and the Permanent Mission of the State(s) where the individual or entity is believed to be located and, in the case of non-Afghan individuals or entities, the State(s) of which the person is believed to be a national;

 

                            Delisting

 

           20.      Directs the Committee to remove expeditiously individuals and entities on a case-by-case basis that no longer meet the listing criteria outlined in paragraph 2 above, and requests that the Committee give due regard to requests for removal of individuals who have reconciled, in accordance with the 20 July 2010 Kabul Conference Communiqué on dialogue for all those who renounce violence, have no links to international terrorist organizations, including Al-Qaida, respect the constitution, including its human rights provisions, notably the rights of women, and are willing to join in building a peaceful Afghanistan, and as further elaborated in the principles and outcomes of the 5 December 2011 Bonn Conference Conclusions supported by the Government of Afghanistan and the international community;

           21.      Strongly urgesMember States to  consult with the Government of Afghanistan on their delisting requests prior to submission to the Committee, , to ensure coordination with the Government of Afghanistan’s peace and reconciliation efforts;

           22.      Recalls its decision that individuals and entities seeking removal from the List without the sponsorship of a Member State are eligible to submit such requests to the Focal Point mechanism established in resolution 1730 (2006);

           23.      Encourages UNAMA to support and facilitate cooperation between the Government of Afghanistan and the Committee to ensure that the Committee has sufficient information to consider delisting requests, and directs the Committee  to consider delisting requests in accordance with the following principles, where relevant:

           (a)      Delisting requests concerning reconciled individuals should, if possible, include a communication from the High Peace Council through the Government of Afghanistan confirming the reconciled status of the individual according to the reconciliation guidelines, or, in the case of individuals reconciled under the Strengthening Peace Program, documentation attesting to their reconciliation under the previous program; as well as current address and contact information;

           (b)      Delisting requests concerning individuals who formerly held positions in the Taliban regime prior to 2002 who no longer meet the listing criteria outlined in paragraph 2 of this resolution should, if possible, include a communication from the Government of Afghanistan confirming that the individual is not an active supporter of, or participant in, acts that threaten the peace, stability and security of Afghanistan, as well as current address and contact information;

           (c)      Delisting requests for reportedly deceased individuals should include an official statement of death from the state of nationality, residence, or other relevant state;

           24. Urges the Committee, where appropriate, to invite a representative of the Government of Afghanistan to appear before the Committee to discuss the merits of listing or delisting certain individuals, groups, undertakings, and entities, including when a request by the Government of Afghanistan has been put on hold or rejected by the Committee;

           25.      Requests all Member States, but particularly the Government of Afghanistan, to inform the Committee if they become aware of any information indicating that an individual, group, undertaking or entity that has been delisted should be considered for designation under paragraph 1 of this resolution, and further requests that the Government of Afghanistan provide to the Committee an annual report on the status of reportedly reconciled individuals who have been delisted by the Committee in the previous year;

           26.      Directs the Committee to consider expeditiously any information indicating that a delisted individual has returned to activities set forth in paragraph 2, including by engaging in acts inconsistent with paragraph 20 of this resolution, and requests the Government of Afghanistan or other Member States, where appropriate, to submit a request to add that individual’s name back on the list;

           27.      Confirms that the Secretariat shall, as soon as possible after the Committee has made a decision to remove a name from the List, transmit the decision to the Government of Afghanistan and the Permanent Mission of Afghanistan for notification, and the Secretariat should also, as soon as possible, notify the Permanent Mission of the State(s) in which the individual or entity is believed to be located and, in the case of non-Afghan individuals or entities, the State(s) of nationality, and recalls it decision that States receiving such notification take measures, in accordance with domestic laws and practices, to notify or inform the concerned individual or entity of the delisting in a timely manner;

 

                            Review and Maintenance of the List

 

           28.      Recognizes that the ongoing conflict in Afghanistan, and the urgency that the Government of Afghanistan and the international community attach to a peaceful political solution to the conflict, requires timely and expeditious modifications to the List, including the addition and removal of individuals and entities, urges the Committee to decide on listing and delisting requests in a timely manner, requests the Committee to review each entry on the list on a regular basis, including, as appropriate, by means of reviews of individuals considered to be reconciled, individuals whose entries lack identifiers, individuals reportedly deceased, and entities reported or confirmed to have ceased to exist, directs the Committee to review and amend its guidelines for such reviews, as appropriate , and requests the Monitoring Team to circulate to the Committee every twelve months:

           (a)      A list of individuals on the List whom the Afghan Government considers to be reconciled along with relevant documentation as outlined in paragraph 23(a);

           (b)      A list of individuals and entities on the List whose entries lack identifiers necessary to ensure effective implementation of the measures imposed upon them; and,

           (c)      A list of individuals on the List who are reportedly deceased and entities that are            reported or confirmed to have ceased to exist, along with the documentation requirements outlined in paragraph 23(c);

           29.      Decides that, with the exception of decisions made pursuant to paragraph 10 of this resolution, no matter shall be left pending before the Committee for a period longer than six months, urges Committee members to respond within three months, and directs the Committee to update its guidelines as appropriate;

           30.      Urges the Committee to ensure that there are fair and clear procedures for the conduct of its work, and directs the Committee to review its guidelines  as soon as possible, in particular with respect to paragraphs 8, 9, 10, 11, 13, 14, 17, 24, 28, 29, and 32;

           31.      Encourages Member States and relevant international organizations to send representatives to meet with the Committee to share information and discuss any relevant issues, and

 

                            Cooperation with Government of Afghanistan

 

           32.        Welcomes periodic briefings from the Government of Afghanistan on the content of the list, as well as on the impact of targeted sanctions on deterring threats to the peace, stability and security of Afghanistan, and supporting Afghan-led reconciliation;

           33.      Encourages continued cooperation amongst the Committee, the Government of Afghanistan, and UNAMA, including by identifying and providing detailed information regarding individuals and entities participating in the financing or support of acts or activities set forth in paragraph 2 of this resolution, and by inviting UNAMA representatives to address the Committee;

           34.      Welcomes the Government of Afghanistan’s desire to assist the Committee in the coordination of listing and delisting requests and in the submission of all relevant information to the Committee;

 

 

 

                            Monitoring Team

 

           35.      Decides, in order to assist the Committee in fulfilling its mandate, that the 1267 Monitoring Team, established pursuant to paragraph 7 of resolution 1526 (2004), shall also support the Committee for a period of 30 months, with the mandate set forth in Annex A of this resolution, and requests the Secretary-General to make any necessary arrangements to this effect;

           36.      Directs the Monitoring Team to gather information on instances of non-compliance with the measures imposed in this resolution and to keep the Committee informed of such instances, as well as to facilitate, upon request by Member States, assistance on capacity building, encourages Committee members to address issues of non-compliance and bring them to the attention of the Monitoring Team or Committee, and further directs the Monitoring Team to provide recommendations to the Committee on actions taken to respond to non-compliance;

 

                            Coordination and Outreach

 

           37.      Recognizes the need to maintain contact with relevant UN Security Council Committees, international organizations and expert groups, including the Committee established pursuant to resolution 1267 (1999), the Counter Terrorism Committee (CTC), the United Nations Office of Drugs and Crime, the Counter-Terrorism Executive Directorate (CTED), and the Committee established pursuant to resolution 1540 (2004), particularly given the continuing presence and negative influence on the Afghan conflict by Al-Qaida, and any cell, affiliate, splinter group or derivative thereof;

           38.      Encourages UNAMA to provide assistance to the High Peace Council, at its request, to encourage listed individuals to reconcile;

 

                            Reviews

 

           39.      Decides to review the implementation of the measures outlined in this resolution in eighteen months and make adjustments, as necessary, to support peace and stability in Afghanistan;

           40.      Decides to remain actively seized of the matter.

Annex I

 

 

           In accordance with paragraph 35 of this resolution, the Monitoring Team shall operate under the direction of the Committee and shall have the following responsibilities:

           (a)      To submit, in writing, two comprehensive, independent reports to the Committee, one by 31 September 2013, and the second by 31 April 2014, on implementation by Member States of the measures referred to in paragraph 1 of this resolution, including specific recommendations for improved implementation of the measures and possible new measures;

           (b)      To assist the Committee in regularly reviewing names on the List, including by undertaking travel and contact with Member States, with a view to developing the Committee’s record of the facts and circumstances relating to a listing;

           (c)      To assist the Committee in following up on requests to Member States for information, including with respect to implementation of the measures referred to in paragraph 1 of this resolution;

           (d)      To submit a comprehensive program of work to the Committee for its review and approval, as necessary, in which the Monitoring Team should detail the activities envisaged in order to fulfil its responsibilities, including proposed travel;

           (e)      To gather information on behalf of the Committee on instancesof reported non-compliance with the measures referred to in paragraph 1 of this resolution, including by collating information collected from Member States and engaging with suspected non-compliant parties, and submitting case studies, both on its own initiative and upon the Committee’s request, to the Committee for its review;

           (f)       To present to the Committee recommendations, which could be used by Member States to assist them with the implementation of the measures referred to in paragraph 1 of this resolution and in preparing proposed additions to the List;

           (g)      To assist the Committee in its consideration of proposals for listing, including by compiling and circulating to the Committee information relevant to the proposed listing, and preparing a draft narrative summary referred to in paragraph 15;

           (h)      To bring to the Committee’s attention new or noteworthy circumstances that may warrant a delisting, such as publicly-reported information on a deceased individual;

           (i)       To consult with Member States in advance of travel to selected Member States, based on its program of work as approved by the Committee;

           (j)       To encourage Member States to submit names and additional identifying information for inclusion on the List, as instructed by the Committee;

           (k)      To present to the Committee additional identifying and other information to assist the Committee in its efforts to keep the List as updated and accurate as possible;

           (l)       To collate, assess, monitor and report on and make recommendations regarding implementation of the measures; to pursue case studies, as appropriate; and to explore in depth any other relevant issues as directed by the Committee;

           (m)     To consult with Member States and other relevant organizations and bodies, including UNAMA, and engage in regular dialogue with representatives in New York and in capitals, taking into account their comments, especially regarding any issues that might be contained in the Monitoring Team’s reports referred to in paragraph (a) of this annex;

           (n)      To consult with Member States’ intelligence and security services, including through regional forums, in order to facilitate the sharing of information and to strengthen enforcement of the measures;

           (o)      To consult with relevant representatives of the private sector, including financial institutions, to learn about the practical implementation of the assets freeze and to develop recommendations for the strengthening of that measure;

           (p)      To work with relevant international and regional organizations in order to promote awareness of, and compliance with, the measures;

           (q)      To work with INTERPOL and Member States to obtain photographs of listed individuals for possible inclusion in INTERPOL Special Notices;

           (r)       To assist other subsidiary bodies of the Security Council, and their expert panels, upon request, with enhancing their cooperation with INTERPOL, referred to in resolution 1699 (2006);

           (s)      To assist the Committee in facilitating assistance in capacity building for enhancing implementation of the measures, upon request by Member States;

           (t)       To report to the Committee, on a regular basis or when the Committee so requests, through oral and/or written briefings on the work of the Monitoring Team, including its visits to Member States and its activities; and

           (u)      To report periodically, as appropriate, to the Committee on linkages between Al-Qaida and those individuals, groups, undertakings and entities eligible for designation under paragraph 1 of this resolution or any other relevant sanctions resolutions;

           (v)      To gather information, including from the Government of Afghanistan and relevant Member States, on travel that takes place under a granted exemption, pursuant to paragraphs 9 and 10, and to report to the Committee, as appropriate, and,        (w)     Any other responsibility identified by the Committee.

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