S/PV.4976 Security Council

I should like to inform the Council that I have received letters from the representatives of Costa Rica, India, Ireland, Japan and South Africa, in which they request to be invited to participate in the discussion of the item on the Council’s agenda. In conformity with the usual practice, I propose, with the consent of the Council, to invite those representatives to participate in the discussion, without the right to vote, in accordance with the relevant provisions of the Charter and rule 37 of the Council’s provisional rules of procedure. There being no objection, it is so decided.

In accordance with the understanding reached in the Council’s prior consultations, and in the absence of objection, I shall take it that the Security Council agrees to extend an invitation under rule 39 of its provisional rules of procedure to His Excellency Mr. Heraldo Muñoz, Chairman of the Security Council Committee established pursuant to resolution 1267 (1999) concerning Al Qaeda and the Taliban and associated individuals and entities. There being no objection, it is so decided. I invite Ambassador Muñoz to take a seat at the Council table. The Security Council will now begin its consideration of the item on its agenda. The Security Council is meeting in accordance with the understanding reached in its prior consultations. Members of the Council have before them document S/2004/349, which contains the text of a letter dated 27 April 2004 from the Chairman of the Security Council Committee established pursuant to resolution 1267 (1999) concerning Al Qaeda and the Taliban and associated individuals and entities. At this meeting, the Security Council will hear a briefing by Mr. Heraldo Muñoz, Chairman of the Security Council Committee established pursuant to resolution 1267 (1999) concerning Al Qaeda and the Taliban and associated individuals and entities. I now give him the floor.

I beg the indulgence of the Council: I will be speaking not in my own language, but in the language of Shakespeare English, for practical reasons related to the preparation of the oral report. (spoke in English) This is the first of the 120-day oral assessments submitted to the Council by the Chairman of the Security Council Committee established pursuant to resolution 1267 (1999), as required by resolution 1526 (2004). As stipulated in that resolution, I will inform the Council about the overall work of the Committee and the Analytical Support and Sanctions Monitoring Team, summarize States’ progress in implementing the sanctions measures and address communications with States regarding additional requests for information and assistance. Several positive developments have taken place since my most recent oral report to the Council, in January, including an increase in State compliance, indicated by the submission of 33 additional reports pursuant to paragraph 6 of resolution 1455 (2003), leading to a total of 126 reports submitted by Member States. In addition, the Committee received 15 letters from States explaining their reasons for non-reporting, pursuant to paragraph 23 of resolution 1526 (2004). Despite some advances, terrorism continues to be a serious threat to international peace and security. Given the recent occurrence of terrorist incidents worldwide, it is necessary for the Committee to maintain regular communication with Member States and to regularly inform the Security Council about the progress achieved, as well as about current challenges and problems in sanctions implementation. As regards the work of the Committee, on 30 January 2004 the Security Council adopted resolution 1526 (2004), which created the new, more demanding conceptual and substantive framework for the future activities of the Committee. On 18 February — shortly after the adoption of the resolution — I briefed all Member States in greater detail on the most important aspects of the resolution. I and other members of the Committee were very pleased that the briefing was well attended: representatives of 70 States showed their interest in knowing more about the new resolution and the overall work of the Committee. Since 12 January, the Committee has held 12 informal and two formal meetings. The Committee continued its practice of discussing the issues in informal settings, as that allows members of the Committee to exchange their views more openly. At the initiative of some members, the Committee has started discussing a working paper containing definitions of terms used in resolution 1526 (2004) and other relevant resolutions, particularly the definition of the freezing of funds or other financial assets or economic resources, with the purpose of providing more clarity and precision to the Committee regarding the performance of its monitoring functions, as well as to Member States in their implementation efforts. Early in February, the Committee endorsed a programme of work for 2004 and decided upon the main issues to be discussed at its informal meetings. The Committee also approved a very detailed annual report (S/2004/281) containing information about the Committee’s activities in 2003. Since 1 January 2004, the names of 19 individuals and six entities have been placed on the Committee’s list. Members of the Committee fully realize that the list continues to play a crucial role in the implementation of the sanctions measures. The Committee therefore decided to approach all States — as it did in 2002 — with a request seeking their assistance in providing identifying information about the names already on the list and in submitting new names to the list. The Committee has established a list of contact points similar to the list used by the Counter-Terrorism Committee (CTC). Such a list will allow the Committee secretariat to automatically inform competent officials from Member States about amendments to the list whenever such changes are made. On 26 April the Committee approved a report containing a list of those States that by 31 March 2004 had not submitted reports pursuant to paragraph 6 of resolution 1455 (2003) and an analytical summary of the reasons put forward by States for non-reporting. The report (S/2004/349, annexes I and II) was introduced by the Chairman of the Committee to the Security Council at its informal consultations on 27 April. Although no formal procedure regarding humanitarian exceptions pursuant to resolution 1452 (2002) has been adopted, the Committee considers States’ notifications of this nature expeditiously. The Monitoring Team began its work at the beginning of April 2004 and has since established a wide range of contacts, including with representatives from 50 Member States. The Team has submitted to the Committee an initial work plan, a short report on the hawala system, an analysis of why certain States did not report as requested by resolution 1455 (2003), and an analysis of the 43 reports received by the Committee since 30 October 2003. It has established regular contact with the CTC and has held informal and formal meetings to discuss visits, reports, work priorities and programmes. The Team intends to continue to develop its relationship with the new Counter-Terrorism Executive Directorate (CTED) to ensure minimum overlap and maximum synergy. The Team is currently preparing its first report and an analysis of all reports submitted under resolution 1455 (2003). It is also designing and building a new database that will include information on the implementation of Al Qaeda and Taliban-related sanctions. The Team is also working to maximize the impact of the list by correcting entries, seeking improvements to the identifiers, encouraging States to contribute names, analysing why States may be reluctant to submit names, and looking at two specific incidents of cross-border funding of Al Qaeda- associated terrorists. Concerning implementation of the sanctions, the following findings represent a preliminary assessment by the Monitoring Team of the 43 reports submitted by Member States pursuant to paragraph 6 of Security Council resolution 1455 (2003) between 30 October 2003 and 27 April 2004. The quality of those reports is uneven. Most do not provide precise details of action taken by Member States to implement the sanctions regime. Although some States refer to the reports they submitted to the Counter-Terrorism Committee, the information requested is often also lacking in these reports. Regarding legislation, many Member States did not appear to have incorporated the Al Qaeda-Taliban sanctions measures in their domestic legislation or administrative rules, considering their existing laws sufficient to deal with all forms of terrorism. However, this does not always appear to be supported by the facts, especially with regard to the freezing of financial assets and economic resources. Some States argued that they had no need to adopt special laws to implement the measures. Only a few stated their intention to amend their laws. On financial measures, a varied approach was taken to implement the assets freeze. Some States reported that previous or new money-laundering legislation provided the legal basis for this. Others cited banking regulation laws. In a few cases, it was not clear which law was being applied, although often a ministerial decree would be used. The many references to money-laundering legislation suggest that there may be some confusion between money laundering and terrorist financing. Some States indicated that the sanctions were addressed by newly adopted laws on terrorism that made its financing, actual or attempted, a criminal offence. It appeared that in most States, for the purpose of assets freezing, the consolidated list continued to have a limited distribution, usually being made available only to banks. Few States notified other financial institutions, and even fewer circulated the list to non- financial entities or offices. Most States reported new regulations governing charities, including requirements for licensing or registration, for proper records of all transactions to be kept, and for audited accounts. Some States said that charities were subject to inspection to ensure that assets were being used in accordance with their charters, while others reported that charities were examined only for tax liability. The majority of States did not provide any information on efforts to regulate alternative remittance systems. Those that did said that requirements included licensing or registration. Some States went further and required them to abide by the regulations applicable for banks and other financial institutions, such as “know your customer” and filing suspicious-transaction reports. On the travel ban, most States appeared to have integrated the consolidated list into their border-control systems. However, it seems that only a few were able to do this electronically, or in a way which allowed immediate research, regular and timely updating, or the quick and efficient transmission of data. Many reports did not elicit a complete response on the arms embargo. Although most States appeared to have adequate regulations to deal with the illegal acquisition or retention of both conventional and unconventional arms, many also reported that they had not taken any specific measures to implement the arms embargo or to enact legislation aimed specifically at Al Qaeda and the Taliban. Of the States that provided details of their legislation on arms trafficking, most considered their domestic regimes sufficient to deal with all forms of terrorism. In accordance with paragraph 15 of resolution 1455 (2003), I shall prepare and circulate a comprehensive written briefing to the Security Council of the actions taken by all Member States to implement the measures and an assessment of their effectiveness. Let me refer now to my recent travel in my capacity as Chairman. Between 1 and 8 May I undertook a mission pursuant to paragraph 10 of resolution 1526 (2004) and visited Algeria, Tunisia, Spain and Senegal. The visits were conducted to engage in a dialogue, to learn from the experiences of the countries visited, to listen to their ideas and problems, and to understand their preoccupations and concerns. In all four countries, I thanked officials for their important contribution and for their efforts in the fight against terrorism, and I noted the importance of cooperation with the Committee and the need for full implementation of the sanctions regime. An issue that we discussed in all countries was the need for cooperation and information-sharing among States. It was acknowledged that progress had been made in cooperative relations between African and European countries, especially since the attacks of 11 September and of 11 March. In one country, it was suggested that the Committee should be provided with more sensitive information. In my view, there is a great awareness in most European States that, indeed, some Maghreb countries have very valuable information, while the European region has more resources — a combination which bodes well for even further cooperation. I noted in all countries that it was the firm belief of the Security Council that the fight against terrorism and the protection of human rights could not be separated; indeed, the fight against terrorism cannot be won in the long run without respect for, and adherence to, human rights standards. The visits also gave an opportunity to discuss new ways in which terrorist organizations raise funds. Here, a new trend has been detected whereby some terrorist organizations use legitimate or illegitimate commercial means of raising funds and transferring them across borders, such as owning import-export companies. Tracing the money trail in these cases has proved to be a difficult task. There was also a fear that terrorists would increasingly use kidnapping as a way of raising funds. I was informed of a continuing trend of close connections between terrorist organizations and other criminal enterprises such as smuggling networks. Ensuring that Member States can trace money is one of the most effective tools that the Committee has at its disposal. For that reason, during our visits one particular focus was the financial measures of the sanctions regime. In all the countries we visited, I reminded the authorities that the new resolution 1526 (2004) strengthened the regime by clarifying certain elements which had caused irregular implementation by Member States. First, it made clear that “assets” includes property, which would entail Member States’ seeking to freeze more than just bank accounts when implementing the sanctions. The resolution also stressed the need to place greater awareness on cash couriers, which have emerged as a new way in which funds are being transferred. It was encouraging to note an improvement in the control over non-governmental organizations and other civil organizations. In one country, those organizations are now required to account for their goals, activities and funding. In another, it was specified that organizations may not receive funds from suspicious or unknown sources. In yet another country, recent legislation obliged all such organizations to maintain records for six years regarding the origin and the destination of their assets. One country has also put in place several measures to correctly identify the sender and the recipient of any money transfer, and the authorities are developing better connections with business enterprises in order to be able to get relevant information in real time. In the countries I visited I asked about the submission of additional names to be included on the Committee’s list or the freezing of assets. That, I found, was of particular importance in those States where it is well known that individuals have been apprehended and sometimes even convicted for their links to Al Qaeda and the Taliban, or where associated organizations, at least some of which must have owned property in the form of homes or offices, had been closed. It would appear to me that more can still be done in terms of the assets freeze and about the fact that the important clarification made in the recent resolution noting that property is also to be considered an asset has yet to be properly implemented. I observed that all four countries have implemented the Security Council’s encouragement to Member States in resolution 1526 (2004), paragraph 5, to establish internal reporting requirements and procedures on the transborder movement of currency. In one country there were even requirements to report the movement of a certain amount of cash within the country. While thresholds and reporting requirements may differ, the establishment of such requirements should be encouraged in all countries. I also discussed the implementation of the arms embargo. I noted that the Committee had found that it had received very little information from those countries, especially considering that several of them provided more information to private sources, such as Jane’s, than they did to the Committee. I noted that the Committee had seen trends in the use of commercial enterprises by terrorist organizations for financing and transferring assets, and it is feared that such enterprises may be involved in the arms trade as well. Some of the countries visited provided information on how the commercial use of explosives is regulated. An important part of the mission was the discussion of the use of the Committee’s list of individuals and entities. I commended a new procedure established by some countries by which consultations are conducted between relevant States prior to the submission of names. I find that this is a procedure that other States could also use, as it will increase the likelihood of the Committee finding merit in the request. I reminded our interlocutors of the importance of including as much information as possible with all submissions, including identification and background information. It was suggested in one country that the Committee could do more in the field of pre- notification, as it was feared that the time gap between the imposition and the implementation of sanctions would allow terrorists to move their assets. Some States are concerned about terrorist propaganda, which is seen by some as being an issue even more important than terrorist financing. That issue may be one that the Council should seek to address. Lastly, and importantly, the question of assistance was raised at several of our meetings. It was made clear to us that developing countries have many priorities besides counter-terrorism, and that certain measures, such as strengthening border control, are tremendously expensive. I consistently referred our interlocutors to the CTC, but at the same time I should note that it was suggested that our Committee could do more in that regard. In sum, I found this mission to be tremendously useful for our future work. The mission was also important in that the countries visited were given an opportunity to discuss their concerns, the problems they might have in the cooperation they get from other countries, their needs for assistance and, fortunately, the chance to relate successes they have had and their recommendations for improvements in the fight against terrorism in general and for the sanctions regime in particular. I should highlight the tremendous help that I had from the delegates, ambassadors and members of the Council, the Secretariat and the Monitoring Team who accompanied me on this mission. I thank them publicly. The mission brought forward the following recommendations, some of which fall outside of the scope of the Committee. For example, a system of consultations between Member States submitting names for inclusion on the Committee’s list should be encouraged. It was also suggested that the Committee should encourage wider use of pre-notifications. Cooperation between States should be furthered and the level of information-sharing increased. It should also be considered whether the Committee and its Monitoring Team could have a role in advancing information-sharing. There should be continued awareness of avoiding a North-South divide in the fight against terrorism. There is a need for a dialogue between cultures that will further tolerance and mutual understanding. Such issues should also be part of the educational system, and the fight against terrorism should address questions such as poverty reduction, employment and education. There continues to be a need for assistance in a number of countries, and the Security Council should work with the new Executive Director of the Counter- Terrorism Committee Executive Directorate to strengthen CTC capacities in this field. The cooperation between our Committee and the CTC could still improve, especially at the level of experts. States are already working to implement reporting requirements for transborder cash currency transfers, a development that should be encouraged. The system seen in one country that required non-governmental organizations, charities and other organizations to maintain records for six years could also be a model for emulation. Awareness should be raised on the impact of terrorist financing through kidnappings, commercial enterprises used for raising or transmitting funds and other crimes linked to terrorism. Whether or not this Committee can address those issues should be considered. Finally, it was recommended that the Committee should continue to visit selected States. Let me now turn to the analysis of the reasons for not reporting. As the Council will recall, I submitted a report to the Council on 27 April 2004 (S/2004/349), in which I reported that 68 Member States had not submitted reports pursuant to paragraph 6 of resolution 1455 (2003) as of the 31 March 2004 deadline set by resolution 1526 (2004). However, 15 of those States submitted a letter explaining their reasons for non- submission. As requested in resolution 1526 (2004), the Committee prepared an analytical summary of those reasons, which was contained in the above- mentioned report. It should be noted that in the period between 12 January 2004, when I last briefed the Council, and the 31 March deadline, the Committee received 30 additional reports from Member States, an increase of more than 30 per cent. The Council will recall that at that time I made several observations about the reasons for non- submission but concluded that the 15 letters did not provide sufficient basis for a proper analysis. The Monitoring Team was therefore requested to contact a number of the non-reporting States to seek further clarification or to provide the Committee with a more in-depth analysis. It should be noted that since I submitted the report on 27 April, three other States submitted their reports. Of the 65 non-reporting Member States, 37 are from Africa, 15 are from Asia/Oceania and 13 are from Latin America and the Caribbean. The Monitoring Team contacted most of the States that did not report through their Missions in New York. There is an indication, from the evidence provided by those Member States, that the lack of a report did not necessarily denote a lack of will to produce one nor, more importantly, a lack of commitment to the international effort against Al Qaeda and the Taliban. The Monitoring Team found much to support its assumption that many non- reporting Member States lacked the capacity or the resources to fulfil their reporting obligations. The preliminary conclusions reached in my report of 27 April were also by and large confirmed and I will therefore focus on the additional conclusions reached by the Monitoring Team. It is apparent that several Member States are insufficiently aware of the distinct role of the Committee and lack a clear understanding of the differences between the scope of its work and that of the Counter-Terrorism Committee. As a result, some of them had the impression that, because they had submitted reports as requested to the CTC, they had also satisfied their reporting obligations in relation to the Al Qaeda and Taliban sanctions Committee. As members know, paragraph 15 of resolution 1526 (2004) reiterates the need for close coordination and concrete exchange of information between the Committee and the CTC. I agree that greater coordination over the timing and nature of the two sets of reporting requirements would contribute to a more effective response. The Monitoring Team also found a lack of supervisory and coordination mechanisms at the national level, including, in some cases, between a Member State’s mission in New York and the agencies responsible for counter-terrorism in its capital. Some Member States also quoted delays in governmental processes and a lack of information exchange between ministries and departments. Other Member States took the view that the Al Qaeda issue was not of direct concern to their country and they saw no need to give high priority to the reporting requirement. However, the same member States expressed their total commitment to the fight against Al Qaeda. Some member States gave the impression that they saw the reporting process as a one-way street. The lack of understanding as to how their reports were useful to the Committee appears to have resulted in their having little incentive to provide further assistance or information. Also, it seems that the reporting culture of many member States is not completely in tune with the reporting needs of the Committee to assess the implementation of the sanctions measures. In general, the reporting style of many member States merely records what has been done politically, rather than offering any analysis of the practicality and effectiveness of the measures on the ground. I want to believe that greater dialogue between member States and the Committee, as requested under paragraph 11 of resolution 1526 (2004), will address this issue. Finally, I want to echo what members of the Committee have stressed: that the submission of reports on implementation is not an end in itself, but a method for enabling the Committee to determine where and how it can assist States in their implementation efforts, which are essential to achieving progress in the fight against terrorism. I would like to conclude my statement by referring to the statement made some time ago by the Secretary-General, in which he said that “Terrorism is a global threat with global effects. Its methods are murder and mayhem, but its consequences affect every aspect of the United Nations agenda — from development to peace, to human rights and the rule of law”. (S/PV.4618, p.3) If the United Nations wants to achieve tangible progress in any area I have mentioned, the fight against terrorism must remain a priority. The prevention of terrorist attacks requires extensive and effective international cooperation and, as such, the United Nations is the only Organization that is equipped to marshal the necessary level of commitment to address this threat, which, given the global network of Al Qaeda, reaches almost every corner of the world. The United Nations provides a forum in which international standards are articulated and adopted, not only by one State or a few, but by all, and the United Nations serves as an impartial venue within which varying perspectives and concerns may be voiced and considered. In addition, the United Nations is best suited to require States to take action and can institute measures to prevent the spread and occurrence of terrorism through binding Security Council resolutions and sanctions measures. Finally, the United Nations has an indispensable role in ensuring that the vigour with which States pursue various counter-terrorism efforts does not infringe on human rights, the rule of law and related tenets of democratic governance. I want to assure the Council that, in my capacity as Chairman of the Al Qaeda and Taliban Sanctions Committee, I will encourage and lead the Committee to consolidate and further enhance the achievements of the United Nations in the fight against terrorism. Member States should also be aware that the Monitoring Team and its coordinator are determined to continue their active dialogue with representatives of States here in New York and in capitals. I should like to take this opportunity, as Chairman of the Al Qaeda and Taliban Sanctions Committee, to appeal to all States to cooperate fully with the Committee and the Monitoring Team and to assist them in the effective discharge of their respective mandates, which is, in the final analysis, for our common benefit and good.

I thank you, Sir, for organizing this public meeting, which will allow us to take stock of the activities of the Security Council Committee established pursuant to resolution 1267 (1999), entrusted with the implementation of sanctions approved by the Council against Al Qaeda and the Taliban. On the basis of the exhaustive report just introduced by the Chairman of the Committee, it would appear that the Committee has done outstanding work during the period under consideration. I wish here to commend the activities of Ambassador Muñoz at the head of the Committee, which is an essential link in the United Nations machinery to address threats that Al Qaeda and its associates have wielded against humankind. The mobilization of States within that machinery has been given due priority, and the results achieved have been commensurate with the importance of the meaningful implementation by all States of measures set forth by the Security Council and of the establishment of a list, constantly updated, of targeted individuals and entities. In that regard, we commend the growth in the number of countries that have submitted reports pursuant to resolution 1455 (2003), thus demonstrating their renewed interest in the work of the Committee since the adoption of resolution 1526 (2004) to strengthen its means of action. Among the factors that have contributed to creating the positive situation reflected in the report before the Council, I would mention, inter alia, the additional efforts to raise public awareness made by the Chairman of the Committee, as well as the initiatives of the Monitoring Team established under resolution 1526 (2004) to streamline the Committee’s work. We believe that the fact that some States have not deemed it necessary to adopt new legislative texts in order to incorporate the provisions required by the sanctions into their domestic legal order demonstrates that the rules of the state of law are well suited to the campaign against terrorism, which in many instances can be coterminous with other forms of crime and addressed as such. The recent visit of the Committee Chairman to Spain and Africa has allowed us to entertain a constructive dialogue with the authorities of countries concerned and to understand their approach to and vision of the fight against terrorism. We note the priority attached to assistance to countries that do not have the human resources and logistics necessary to allow them to be meaningfully engaged in the international community’s counter-terrorism activities. In this regard, we feel that the increased coordination envisaged between the 1267 (1999) Committee and the Executive Directorate of the Counter-Terrorism Committee is of the highest importance. There is thus a need for more active cooperation between countries that are able to provide the required assistance and those that may be targeted by terrorist movements because of their minimal capacity to monitor their own territories. This consideration is clearly reflected in the analysis of reasons put forward by some countries to justify their non-submission of a report pursuant to resolution 1526 (2004). This applies, above all, to those States stating that they lack coordination and supervision mechanisms at the national level with which to coordinate the diverse efforts being made to deal with new terrorist threats. This situation calls for the Committee, in pursuing a proactive policy to aid the countries concerned, to mobilize adequate assistance for those States so that they can establish national focal points for collecting the information relevant to the Committee’s work. The fact remains that eliminating the threat of terrorism should not be based solely on coercive measures. The fight against terrorism can, and must, also spread its roots to educational systems in order to foment among citizens tolerance and respect for human life in order to counter the spread of fundamentalist ideas of all kinds, also taking into account the need to find a solution to the grave economic and social crises which provide fertile soil for the proliferation of terrorism.

I thank Ambassador Muñoz for his very thorough briefing on the work of the 1267 Committee and the Analytical Support and Sanctions Monitoring Team. We also commend and thank him for his strong leadership of the Committee, and we congratulate him on his successful and productive trip earlier this month. The United States Government welcomes the plans and the focus of the new Monitoring Team. Its preliminary efforts reflect a high degree of professionalism and purpose in achieving the objectives established by the Council in resolution 1526 (2004). We ascribe great importance to the Team’s work in support of the Committee, and we will continue to closely monitor its efforts. We encourage the Team to continue coordinating with the Counter- Terrorism Committee. The United States Government is committed to shutting down all funding sources for Al Qaeda and the Taliban, as well as limiting their movements and preventing their access to weapons. We take this opportunity to remind Member States of their obligations under previous Security Council resolutions, including resolution 1526 (2004), to fully implement the sanctions measures against Al Qaeda, the Taliban and associated entities and individuals. It is especially important that Member States adhere to their reporting requirements mandated in resolution 1455 (2003) to inform the Committee of efforts taken to enforce those sanctions measures. Those reports are the lifeblood of the Committee’s efforts against Al Qaeda. The United States remains ready to assist States that lack capacity and that need assistance to implement the sanctions measures imposed in resolution 1455 (2003) and other relevant Council resolutions. We stand ready to bring pressure to bear on those Member States that are able but unwilling, in order to ensure that a coordinated effort to defeat Al Qaeda proves successful. As recent events have sadly demonstrated, no State is immune to the threat posed by Al Qaeda and Taliban terrorism. It remain imperative that all 191 Member States act in concert to eliminate the threat to international peace and security posed by the Al Qaeda and Taliban terrorists.

We thank Ambassador Heraldo Muñoz of Chile for his very comprehensive and detailed briefing on the work of the Security Council Committee established pursuant to resolution 1267 (1999). The representative of Ireland will later make a statement on behalf of the European Union. As we fully associate ourselves with that statement, I shall confine myself to making some brief observations in my national capacity. First, I publicly thank Ambassador Muñoz for his recent visit to Spain at the head of a Committee delegation, and especially for expressing solidarity and willingness to cooperate with the Spanish authorities in the wake of the very grave terrorist attacks that occurred in Madrid on 11 March. For obvious reasons, the fight against terrorism has been a priority for all Spanish people for decades. Following the recent tragic events, that effort has been strengthened even more, if possible, within our firm commitment to international cooperation. In fact, one of the points that was emphasized in the report of the Chairman of the Committee is the need to strengthen cooperation among all States at the bilateral and regional levels, as well as through the relevant bodies of the Security Council, namely the 1267 Committee and the Counter-Terrorism Committee. In that connection, I wish to note that Spain is among the leading countries in providing technical assistance for combating terrorism. As well, we are working intensely within the framework of the European Union and the Council of Europe to enhance and strengthen cooperation in this area at the European level. The recent Security Council resolution 1526 (2004) further improves the sanctions regime and has undoubtedly contributed to strengthening communication and fluid contact between the Committee and all Member States, relevant organizations and the Counter-Terrorism Committee. The new Monitoring Team has a primary role in that regard, and its work is essential for the Committee’s proper functioning. We welcome the fact that the principle of transparency guides the Monitoring Team and the Committee itself, as attested to by today’s public meeting of the Security Council. The 1267 Committee’s main working tool is the consolidated list of persons and entities linked to Al Qaeda and the Taliban and subject to the sanctions regime. That list is almost constantly being updated. We underline that the Committee is working to improve the list and to overcome possible defects such as the lack of sufficient information for some of its entries. For its part, Spain stands fully ready to make available to the Committee any relevant information in its possession, provided that the publication of that information does not compromise investigations under way and that the relevant legal guarantees are respected. As the delegation of Spain noted in the Council in January (see S/PV.4892), the 1267 Committee is making progress towards reaching the goals set by the Security Council. However, achieving those objectives ultimately depends on the cooperation of all States and the relevant organizations. We therefore take this opportunity once again to urge all States and organizations to cooperate fully and decisively with the Committee and its subsidiary bodies, which are working effectively to achieve their objectives.

I thank Ambassador Muñoz for his informative briefing on the work of the 1267 Committee and the Monitoring Team and on his visit to several countries from 1 to 8 May. At the outset, we should note that the adoption of resolution 1526 (2004) was a further milestone in the conceptual framework of the Committee and that, since its adoption, much progress has been made in the implementation of sanction measures against Al Qaeda and the Taliban. Since the adoption of that resolution, the Committee has undertaken the consideration of many issues pertaining to legal definitions and its own work programme for 2004 and to the list of States that have not submitted reports pursuant to resolution 1455 (2003). Above and beyond the increase in the number of reports submitted pursuant to resolution 1455 (2003), we note that since January 2004 19 names of individuals and six names of terrorist organizations — some of them proposed by my Government — were added to the Committee’s consolidated list. In this regard, I must welcome the spirit of cooperation of the German delegation, with whom we have, on two occasions, taken joint action that resulted in the listing of new names on the list. I would like to commend the new members of the monitoring team on their appointment and assure them of the full cooperation of the Algerian delegation. I welcome in this regard the fact that pro-active steps have been taken at close range through contacts and interviews with representatives of about 50 Member States with a view to further improving links between the Committee and Member States. Furthermore, the monitoring team has already undertaken a series of tasks and has produced many documents. We take note of that, and we encourage the team to put the final touches on its in-depth overall analysis of the reports submitted pursuant to resolution 1455 (2003). I wish to reiterate my view that we should further encourage interaction and synergy between the Al Qaeda and Taliban Committee and the Counter- Terrorism Committee, especially through better coordination between the monitoring team and the new CTC Executive Directorate, of which Ambassador Javier Ruperez has just been named head. I would like to congratulate him and assure him of the full cooperation of my delegation. We fully agree with Ambassador Muñoz with regard to Member States implementing sanctions, as well as with regard to legislative measures such as those related to finance, travel ban and arms embargoes. We note with him that at the conceptual level there seems to be some confusion between money-laundering and the financing of terrorism. We nevertheless believe that this confusion is only apparent, because experience and the facts have shown abundantly that terrorist networks are funded in various ways, including through arms trafficking, organized crime and drug trafficking. It will be recalled that in my delegation’s statement on 12 January on the oral report submitted by Ambassador Muñoz, I strongly encouraged the Committee Chairman and the members of the monitoring team to continue visits to the field to verify implementation of sanctions against the Taliban, Al Qaeda and associated individuals and entities. That approach is part of a concern to develop better interaction between the Committee and Member States on the one hand, and to make up for the lack of information — even the absence of reports — on the other. We then welcome the fact that the Chairman of the Committee and a team composed of members of the Committee and of the monitoring team and of the Secretariat have carried out a visit that, inter alia, took them to Algeria. Many questions — such as those pertaining to cooperation and exchange of information, funding of terrorist organizations, the submission of names to be added to the consolidated list, arms embargoes and assistance — were discussed with the officials of the States visited. We hope that the Committee will take into account the concerns and problems raised by those officials, as they come within its mandate. I wish to highlight from this standpoint some elements that we feel are of great interest to the work of our Committee. First of all, we believe that the procedure for notification — as we have stated in the past — should be encouraged until it becomes embedded in the relevant resolutions of the Committee. In this context I wish to emphasize that my delegation recently initiated a series of informal consultations with members of the Committee with a view to submitting new names for inclusion in the Committee’s list. Those consultations have concluded, and we intend to submit the names to the Committee for consideration very soon. The Security Council must then further examine the propaganda and justification given by terrorists, which in some ways is more dangerous and more harmful than the financing of terrorism. In view of the fact that terrorism is a global threat, with global effects for both peace and development and for human rights and the rule of law, we believe that it is not only fallacious but dangerous to maintain the distinction between the notions of international terrorism and transnational terrorism. As we see it, States that still draw that distinction should reconsider their concepts and become aware of the interconnection of terrorist networks and their interactions regardless of their motivations, their location and their ways of acting. Kidnapping is one way terrorist groups collect funds, and we advocate an international ban on payment of ransom. Lastly, we believe it is useful to think further about better use of the potential and possibilities provided by the United Nations Charter in order to lead States to cooperate fully in the fight against terrorism, including with regard to extradition, which is one of the most important levers of judicial cooperation. These are a few ideas I wish to convey today in order to contribute to the debate on the ways to strengthen the efforts of the international community in its fight against terrorism. Finally, I wish to renew my country’s firm commitment to the fight against terrorism, to express our full support for the recommendations of Ambassador Muñoz and to encourage the Committee to cooperate fully with the Counter-Terrorism Committee and, more especially, with its Executive Director.

We are grateful to Ambassador Muñoz for his briefing. During the first half of this year, the sanctions Committee established pursuant to resolution 1267 (1999) continued to pursue an active and robust policy in ensuring the effectiveness of the restrictive measures that the Security Council has imposed against the Taliban and Al Qaeda and associated individuals and entities. Resolution 1526 (2004), adopted in January, assigned the Committee a series of new tasks, which are now being prepared and carried out. We note with satisfaction the Committee’s report (S/2004/349) analysing the reasons why a great number of Member States were unable to submit, pursuant to paragraph 6 of resolution 1455 (2003), reports on all steps taken to implement the measures of the sanctions regime. In that context, we also welcome the beginning of work by the Analytical Support and Sanctions Monitoring Team, which actively cooperated in the preparation of the report. We believe that the Team will provide the Committee with needed expertise in all its basic spheres of activity, that it will help to identify possible cases of insufficient adherence to sanctions, and that it will formulate useful recommendations to further improve measures against the Taliban and Al Qaeda. In our view, its first steps in fulfilling its mandate have been promising. We attach high value to the Committee Chairman’s recent visit to a number of countries pursuant to paragraph 10 of resolution 1526 (2004). The consultations conducted during his trip followed up the Committee’s dialogue with Member States on a variety of aspects of this complex sanctions issue. Such dialogue provides us not only with a first-hand view of the status of implementation of the Council’s demands, but also with an opportunity for detailed conversations with interested Governments on the practical difficulties they face in meeting those requirements. We endorse the Chairman’s view that such cooperation between the Committee and Member States must continue in the future. We wish to draw special attention to the need for greater care in our approach to the consolidated list of individuals and entities affected by the sanctions measures. Adding to the list and incorporating detailed information on terrorists are tasks not only for the sanctions Committee, but also for Member States at large. Let us not forget that the list is among the most effective instruments in the Security Council’s campaign against threats to international peace and security stemming from terrorism. Among the most complex tasks facing the Committee is that of preparing written evaluations of Member States’ implementation of the sanctions regime, pursuant to paragraph 13 of resolution 1526 (2004). We note that there has been significant progress in the submission by countries of their national reports in that regard. Now, the Committee must assess all the information it has received from States, with the assistance of the Analytical Support and Sanctions Monitoring Team. We hope that such assessments will enable the Security Council to take further steps to enhance the effectiveness of the sanctions.

I wish to join others in expressing appreciation for Ambassador Muñoz’s very convincing and comprehensive oral report, which we fully support. I would also like to congratulate Ambassador Muñoz on his successful leadership in making the 1267 Committee one of the most dynamic of the Security Council’s sanctions committees. In particular, his initiative and, not least, his resilience in connecting the Committee to the outside world are highly commendable. I wish also to associate myself with the statement that the Permanent Representative of Ireland will make later on behalf of the European Union. I shall thus limit myself to a few remarks. First of all, I note the importance of today’s meeting. It offers us the opportunity to focus again on one of the most important instruments available to the Security Council in the fight against terrorism. We believe that, since the previous similar meeting, in January, much progress has been made in dealing worldwide with the Taliban and Al Qaeda. At the same time, many threats persist, and new challenges are arising. Having held a vice-chairmanship of the Committee since January this year, Romania participated with keen interest in the recent visit to selected countries, which took place between 1 and 8 May 2004. We were encouraged to note that all countries visited form part of the global front of the combat against terrorism; such a front is the only way to face the evolving modus operandi of the global network in which Al Qaeda and other terrorists operate today. Undoubtedly, such field missions generate concrete added value for both the Security Council and the countries visited. They are a way to make the 1267 Committee play more effectively one of its most important roles: that of an interface between the Security Council and the Members of the United Nations, which are called upon to implement its resolutions. Since the Council’s unanimous adoption of resolution 1526 (2004) on 30 January 2004, the Committee has entered a new stage — that of full maturity — as it is now endowed with a coherent and comprehensive set of tools enabling it to better carry out its mandate. But the degree of success depends also on the capabilities on the ground to apply the measures adopted by the Council. The oral report of the Committee Chairman was particularly telling in that regard. The fight against Al Qaeda and the Taliban must have a solid global texture; any weak component will reduce the effectiveness of the entire system. It is therefore in the interest of the Security Council, the relevant United Nations agencies and international donors to provide assistance to countries which need specific help, for instance in border control. We should also encourage and support the permanent substantive dialogue and exchange of information among countries which are situated in different regions but which today are bound together by their having to face nefarious terrorist activities. As Ambassador Muñoz rightly pointed our, the collection of reports is not an end in itself but is a means for identifying the action to be taken by the Committee to assist States in their implementation efforts. The reporting cycle required by resolutions 1455 (2003) and 1526 (2004) is now coming to an end. From now on, we should focus on incentives we might consider extending with a view to assisting those States which have had difficulties in fully implementing the sanctions regime.

Germany fully subscribes to the statement to be made later by the presidency of the European Union, which will be delivered by the Ambassador of Ireland. I will therefore limit my statement. First of all, I would like to thank the Chairman of the Committee, Ambassador Muñoz, for his comprehensive and very instructive report. In particular, we appreciate his continued close dialogue with Member States. The countries he recently visited are important and reliable partners in the struggle against terrorism. Secondly, I welcome the new Monitoring Team and its coordinator, Mr. Richard Barrett, who have recently taken up their duties and have prepared an ambitious work plan. We commend them for having started their activities by establishing direct working contacts with a large number of Member States. In Germany they will find open doors, as did their predecessors. We are looking forward to continued and fruitful cooperation.

I would like to start by thanking and congratulating Ambassador Muñoz for his comprehensive presentation of the first quarterly report on the work of the Committee established pursuant to resolution 1267 (1999) concerning Al Qaeda and the Taliban, as foreseen in resolution 1526 (2004), which was adopted in January. As has been pointed out, resolution 1526 (2004) brought changes to the work and structure of the Committee that resulted in a more demanding conceptual and substantive framework for its activities, with particular effect with respect to the newly established Monitoring Team. The Committee and the Monitoring Team are well into the process of taking the procedural measures to capacitate them to fulfil the new functions entrusted to them. The establishment of direct contact with Member States is a very valuable asset in the work of the Committee. In this regard, I am pleased to refer to three different positive developments resulting from the adoption of resolution 1526 (2004), as registered in today’s briefing. The first is the increase in the submission of reports by Member States, pursuant to paragraph 6 of resolution 1455 (2003), represented by the 33 additional reports, and the submission of letters from 15 other Member States in justification of their inability to submit reports as requested. Even if those letters do not constitute compliance with the reporting requisite, they allow for the establishment of important direct channels of communication with the Member States in question. The second positive development is the direct contacts being conducted by members of the Monitoring Team. Through those contacts, not only will the Team be more capable of improving its analytical capacity, but it will also be able to increase the level of cooperation extended to States that encounter difficulties in implementing the provisions relevant to combating the Taliban and the Al Qaeda network. Finally, the useful visits by the Chairman of the Committee to specific countries and regions, as encouraged by resolution 1526 (2004), also constitute a key element, as they increase the awareness of our work directly with the governmental authorities involved in the combat of terrorism and allow the Committee, through the Chairman’s reports, to benefit from the feedback of people with direct experience in this field. Terrorism continues to be a major threat to international peace and security. The international community is, indeed, aware of that challenge, as reflected in the work of the Security Council throughout this year. In the course of a few months, the Council has reinforced the Committee with resolution 1526 (2004), restructured the Counter-Terrorism Committee with resolution 1535 (2004) — which created the Counter-Terrorism Committee Executive Directorate — and approved resolution 1540 (2004) on non-State actors and weapons of mass destruction, which also contemplates the creation of a committee. The parallel establishment of structures to capacitate all three new or restructured committees to perform their functions creates a unique opportunity, which should not be missed, to ensure synergy and complementarity. I would like to conclude by expressing the recognition of the Brazilian delegation for the tireless commitment and dedication of Ambassador Muñoz and his team to the advancement of the work of the Committee, the efforts of the Monitoring Team — which is fulfilling the roles entrusted to it by resolution 1526 (2004) — and the valuable support extended by the Secretariat to the work of both the Committee and the Monitoring Team.

I would like to associate the United Kingdom with the statement to be made later by the Ambassador of Ireland on behalf of the European Union. We very much welcome today’s public meeting and the Chairman’s oral briefing on the progress that the Committee has made since January. We are particularly encouraged to hear about the Chairman’s most recent visit to Africa and Europe. His findings once again demonstrate the usefulness of such visits, not only in engaging States on implementation of the Committee’s measures, but also on issues relating to the fight against terrorism more generally. The United Kingdom would like to express its appreciation for the efforts made by Ambassador Muñoz as Chairman and for the efforts of all the others involved in conducting such visits. We agree with the recommendations that stemmed from the visit, and we stand ready to assist in taking them forward. The United Kingdom would also like to take this opportunity to extend a very warm welcome to the new Monitoring Team. We fully endorse the work programme that the Team has submitted. In particular, we welcome the focus that it gives to the need for close cooperation with the Counter-Terrorism Committee. We welcome the proposals to explore how the consolidated list might be improved and the intention to look more closely at the reasons behind non- reporting, as well as to assess Member States’ implementation of the measures, the impact that they have and how they might be improved. The Team’s intention to develop a better understanding of the nature of the threat posed by Al Qaeda, the Taliban and their associates will be important in taking forward these initiatives. We very much look forward, therefore, to working with the Monitoring Team and to seeing in due course the reports outlined in the work programme. I would like to make just four further points. First, we should not underestimate the importance of ensuring that human rights are respected in the fight against terrorism. Addressing human rights is fundamental to addressing some of the root causes of terrorism. Moreover, ensuring that international human rights and refugee and humanitarian law are respected adds to the legitimacy of the sanctions regime and how it is perceived. The measures are wide-ranging, and we must do all that we can to ensure that innocent people are not affected as a result of their implementation. That brings me to my second point, which is the important issue of the potential for humanitarian consequences arising from the freezing of the assets of mixed entities that provide assistance to the needy as well as to terrorists. The Committee should be aware of this issue and should perhaps consider whether there is anything it can do in such situations. Perhaps it might be possible, for example, to alert relief agencies about a listing which may have humanitarian consequences, so that some provision can be made for those affected. Care would, of course, need to be taken to ensure that any such actions did not weaken the measures or forewarn the target. Thirdly, on previous occasions we have stressed the need to help and encourage States to implement the measures effectively and thus limit the potential for Al Qaeda and the Taliban to conduct their operations. Technical assistance remains an important part of this. We fully support the Monitoring Team’s plans to collaborate with the Counter-Terrorism Committee in assessing the needs of States. The Committee might also seek to develop best practice for effective implementation, drawing on the successful experiences of other States. Earlier this morning the Chairman gave us the example of the system that one State has developed for non-governmental organizations, charities and other organizations to keep records of financial transactions in order to help with tracing terrorist financing. We applaud the Monitoring Team’s plan to visit Member States that have developed expertise in introducing measures foreseen or unforeseen by the relevant resolutions. Fourthly, and last but by no means least, I should like to echo the Chairman’s earlier remark that terrorism is a global threat and that no State should therefore feel immune from terrorist acts. All States need to be encouraged and assisted in implementing the measures and fighting terrorism. Those States slow to increase their counter-terrorism capacity will become more vulnerable to a terrorist presence as other States make progress on their counter-terrorism measures and force Al Qaeda and the Taliban to find sanctuary elsewhere. The Chairman’s remarks remind us that, although much has been achieved by the Committee, there is much still to do. I should like to close by reiterating that the United Kingdom continues to stand ready to help with the fight against terrorism in whatever way it can.

Mr. President, I would like to express my delegation’s appreciation to you for having convened this debate on the work of the Al Qaeda and Taliban sanctions Committee, and we thank in particular Ambassador Muñoz for his comprehensive report on and assessment of the Committee’s work. Let me commend him also for the leadership and initiative which he has shown in guiding the work of the Committee. This has been key to the success of the Committee’s work. My delegation has taken due note of the fact that the Monitoring Team is in the process of preparing country profiles based on an analytical study of all the reports so far received. We believe that developing guidelines based on the best practices and lessons learned from the accumulated experiences of previous and existing expert panels and monitoring groups, as well as on pertinent recommendations of working groups on sanctions, might be relevant to the goal of improving the implementation of sanctions within the framework of the Committee established pursuant to resolution 1267 (1999). By adopting resolutions 1267 (1999), 1390 (2002), 1455 (2003) and 1526 (2004), the Security Council took the unprecedented step of bringing into force legislation binding on all States on the issue of combating terrorism. Those resolutions laid a strong foundation for halting the flow of money to terrorists associated with the Al Qaeda network as well as for preventing their entry into, or transit through, their territories, and for preventing the direct or indirect supply, sale and transfer of arms and similar equipment. The international community has already made remarkable progress in freezing terrorists’ assets. Controlling financial resources is an important aspect of the international campaign against terrorism. The Committee should continue to focus on alternative remittance systems. In that context, it is important to provide greater assistance to States in need of it to improve their financial structures, including banking systems. The need to make the consolidated lists kept by the Committee available to various institutions other than banks should be given greater attention, including in the context of travel bans. The position of my country regarding the need to introduce further legislation and amend our legal framework to incorporate the sanctions measures, including financial legislation, is stated in the report that we submitted last year, as requested by resolution 1455 (2003). The general issues arising from travel bans, arms embargoes and how they can be handled by the Security Council were discussed in the Bonn-Berlin report. We fully endorse its recommendations. My delegation is of the view that credible reports of sanctions evasion have often not resulted in a proactive response by the international community. There is a need to reverse that position. The Al Qaeda and Taliban sanctions Committee therefore needs to coordinate its efforts and cooperation more closely with United Nations agencies and regional and subregional organizations, as well as to strengthen its relationship with the private sector and non- governmental organizations. In that regard, the Kimberley process for the certification of rough diamonds has demonstrated that financial institutions and insurance and transportation companies both have the capacity and expertise to contribute to the implementation of sanctions. We believe that this is an example which could be followed. Terrorism is no longer a localized problem that can be solved through domestic actions alone, and the Chairman’s report is quite clear on this. It is the view of my delegation that we need long-term solutions to address this problem. Measures to combat terrorism should be based on international cooperation and coordination. Furthermore, the Committee can be successful in fulfilling its mandated tasks only if there is the fullest cooperation from Member States. Such cooperation, as has also been stated by Ambassador Muñoz, should be a two-way street, that is, from the Committee to States and from States to the Committee. In that regard, we welcome the Chairman’s visit to Algeria, Tunisia, Spain and Senegal, which took place from 1 to 8 May. We believe that his visit was very useful in assisting the Committee to observe, in loco, the measures that have been taken by various countries. African countries have been targeted by terrorist actions, and that mission provided a good opportunity to review, in loco, the progress made and the steps taken by the countries of the continent to respond to the terrorist threat. Today — 25 May — is also Africa Day, and I take this opportunity to acknowledge the happy coincidence of the presentation of the report on the Committee’s visit to various African countries. I conclude by saying that I commend the Monitoring Team for the role it has been playing in furthering the work of the Committee and in monitoring compliance with Security Council sanctions. As in the past, we look forward to working with the Team in a spirit of openness and cooperation, and we hope that the Team will maintain its independence and improve its analytical reporting to the Council.

We too thank Ambassador Heraldo Muñoz for his comprehensive briefing on the recent initiatives of the 1267 Committee pursuant to its strengthened mandate under resolution 1526 (2004). We also congratulate him on his successful leadership of the Committee, noting particularly his dialogue with Member States in fulfilling his mandate. I hope the Chairman will visit our region in the near future. Today’s meeting is particularly important as the Committee further solicits the cooperation of other Member States to submit their national reports on their implementation and understanding of the sanctions regime against individuals and entities linked to Al Qaeda and the Taliban. The strengthened mandate under resolution 1526 (2004) has accorded new impetus to the work of the Committee and, consequently, to global efforts to counter terrorism. More submissions of national reports were encouraged by the resolution’s setting of a deadline. Through the contacts made by the new Monitoring Team, countries that have not yet submitted reports now have a better understanding of the work of the 1267 Committee and of the reporting requirements. This could result in even more submissions in the near future. My delegation awaits the comprehensive analysis of the national reports. The Chairman’s detailed account of his discussions during his mission to four countries provides us with a snapshot of the current situation of implementation in those countries, including the difficulties they have experienced. My delegation notes, among the recommendations and observations put forward following the Chairman’s mission, the wide-ranging avenues by which terrorist activities are being financed: from legitimate means, through commercial transactions such as those of import and export businesses; or through outright illegal means, such as kidnappings and other crimes. The implication of this for the effectiveness of plugging loopholes in traditional modes of funds transfers through the banking system should be examined. The Committee’s work — and, for that matter, the overall global counter-terrorism effort — should continuously evolve to keep ahead of the terrorists. Countries in South-East Asia are pursuing this line. With adequate capacity-building support from other countries and from the international community as a whole, South-East Asian nations have been generally successful in this regard. The international community’s vigilance cannot falter. Resolution 1267 (1999), which created the Committee and the string of resolutions further strengthening the Committee’s mandate; the resolutions on the Counter-Terrorism Committee; and other related resolutions, such as resolution 1540 (2004) on non-proliferation: all these attest to the Council’s and the international community’s vigilance in this regard. Thus, the other recommendations put forward during the Chairman’s mission that are deemed outside the scope of work of the Committee should nevertheless be addressed in appropriate forums. We welcome the Chairman’s close coordination with other committees, such as the Counter-Terrorism Committee, in pursuit of common goals. We also share the view of the Chairman and the other delegations that the fight against terrorism and the protection of human rights cannot be separated. Thus, in fighting terrorism, countries should not fall into the trap of violating human rights in the course of that fight. Countries in South-East Asia have also kept this theme in mind.

I wish to express appreciation to Ambassador Muñoz for his comprehensive briefing. We note with satisfaction the important efforts made by the 1267 Committee in implementing resolution 1526 (2004). The Committee’s programme of work for 2004 is detailed and practical, and the recent visits undertaken by Ambassador Muñoz to concerned countries proved to be productive. All of this has made a useful contribution to the implementation of the resolution. I also welcome the presence of members of the Monitoring Team who, in a relatively short period of time, have established a wide range of contacts with many countries to sound out their views. Based on its analysis of the country reports, the Team presented to the Committee a written assessment of compliance with the sanctions measures. We are confident that the Monitoring Team will keep up the good work in fulfilment of its mandate. Instrumental in the enforcement of the sanctions against Al Qaeda and the Taliban and associate entities and individuals, the work of the 1267 Committee has become an indispensable link in the counter-terrorist endeavour of the international community. We believe that the Committee should formulate measures and policies in response to the constantly changing circumstances and should improve the sanctions as appropriate, with a view to playing a more effective role in fighting terrorism. We also call on Member States to continue their support of and cooperation with the work of the Committee and to submit country reports to it as required by the resolution. For their part, the Committee and the Monitoring Team should undertake wide contacts and consultations with Member States to further identify the challenges they face in implementing the sanctions and to make practical recommendations on ways to help them overcome those difficulties. We also encourage the Committee to constantly enhance its coordination with the Counter-Terrorism Committee and to maintain close contact with relevant international and regional organizations, to enable their respective advantages and expertise to work in synergy, thus making a greater contribution to the fight against terrorism. China resolutely opposes terrorism in all its forms and manifestations. The international community should adopt a consistent stand on the fight against terrorism and should eschew double standards. The fight waged by the Chinese Government and the Chinese people against the East Turkestan terrorist organization is an important part of the international community’s efforts to fight terrorism and its crackdown on the Al Qaeda network. China will continue its scrupulous implementation of the relevant resolutions of the Security Council. The 1267 Committee can be assured of China’s support and active participation in its work. In concert with all other countries, China stands ready to make its contribution to the common fight against the Al Qaeda network.

I would now like to make a statement in my capacity as representative of Pakistan. I would like to add my voice and that of my delegation to those speakers who have thanked Ambassador Muñoz for presenting the first 120-day oral report to the Council, as required in paragraph 12 of resolution 1526 (2004). Pakistan fully supports the work of the Al Qaeda and Taliban sanctions Committee. We have taken note of the annual report on the activities of the Committee in 2003, as contained in document S/2004/281. We also appreciate the work done by the new Monitoring Team in the brief period since its establishment. We would like to commend the Chairman of the Committee for his active performance and his contribution, which were reflected in the report presented to the Council this morning. In the context of today’s discussions, my delegation would like to make a few points that we think are important. First, the Committee needs to evaluate the performance of States not simply on the basis of their country reports, but on the basis, mostly, of the actions taken on the ground to counter-terrorism. The practical combat of terrorism must remain the first priority of the activities of the Committee. Secondly, we have noted the usefulness of the visits of the Chairman of the Committee to various countries — including, this time, to Africa and Europe, and also, last year, to Pakistan — in trying to bring the Committee closer to the ground, so to speak, in addressing the issues that are involved with regard to sanctions against Al Qaeda and the Taliban. Thirdly, the consolidated list of individuals and entities continues to be a key tool for the Committee, but there is a need to further improve the quality of the information that is provided to assist prosecutors and national authorities to proceed against the listed individuals and entities. At times, this is not sufficient to stand up in the judicial process. In this context, we support the Chairman’s recommendation that a system of consultations and pre-notifications between member States submitting names for inclusion on the Committee’s list be encouraged. The Chairman’s report has confirmed that, in many cases, States lack capacity to combat terrorism effectively. It is therefore quite important, as pointed out by Ambassador Muñoz, that we continue to focus on the need to build States’ capacities, in particular to strengthen border controls to combat terrorism. As regards the financing of terrorism, apart from other measures, one important step required is the fine- tuning of the international response and extending assistance to States to help them improve their normal financial systems and to prevent all forms of terrorist financing. The international financing system itself needs to become more competitive so as to prevent the large-scale use of the informal channels that become the sources of terrorist financing. As regards Pakistan’s policy role on Al Qaeda and the Taliban, and terrorism in general, let me say a few words. Pakistan has a key role in fulfilling the objectives of the Al Qaeda and Taliban Sanctions Committee. We have played this role in the virtual breakdown of the Al Qaeda organization and network. We have captured over 500 Al Qaeda and associated terrorists, including most of its top leadership. We have cooperated in tracking down members of the organization in several other countries. Pakistan has created a national anti-terrorism capacity — intelligence police, law enforcement and so on — to participate in this effort against terrorism. Our efforts to track down Al Qaeda and associated terrorists on the frontier with Afghanistan are continuing following the recent major operation in that area, with 70,000 members of our armed forces deployed on the border with Afghanistan. The Al Qaeda and Taliban Sanctions Committee, in our view, faces several challenges. Two of these challenges are fundamental. First is the mutating nature of the Al Qaeda network. The organization, which at its peak was a loose network, appears to have further mutated into smaller splinter groups, often acting independently, coordinating loosely and recruiting globally. This has greatly escalated the challenge of containing, tracking and breaking down these networks. The Chairman’s recent visits to African and other countries have confirmed the breadth and the complexity of the challenge. Secondly, measures against the Taliban confront a very different kind of problem. Al Qaeda and the Taliban became closely associated at the top leadership level in the months preceding 11 September 2001. Elements of this association remain in their cooperation in regions of Afghanistan and along the Pakistani-Afghan frontier region. However, other Taliban elements in Afghanistan may be operating independently of Al Qaeda, utilizing local resentments as their calling card. Others are inactive; some are cooperating with local and national Afghan authorities. President Karzai appears to have adopted a wise strategy of seeking to isolate the hard-core Taliban by securing the cooperation of those persons and groups that do not subscribe to the ideology and objectives of the terrorists. The Committee will need to adopt a similar sophistication in its approach to the implementation of the sanctions regime against the Taliban. Finally, Pakistan believes that it is time we started working on a comprehensive strategy to combat terrorism. In particular, the international community should not allow the fight against terrorism to be used to suppress human rights, including the right of peoples to self-determination, especially in cases of foreign occupation or alien domination. The two are clearly distinct, and this distinction needs to be maintained through an agreed legal definition of terrorism, which we do not have as yet. We need to address factors that, if not directly linked to terrorism, contribute to its emergence. These factors include poverty, socio-economic injustices, political repression, foreign occupation and the non- settlement of long-standing and festering disputes between peoples. We particularly support the Chairman’s recommendation that there should be a continual awareness of the need to avoid a North-South divide in the fight against terrorism and also to avoid a clash of civilizations. In particular, we must not allow the campaign against terrorism to be transformed into a war against Islam, as some people would wish. The strategy of enlightened moderation proposed by the President of Pakistan before the General Assembly last year and at the Kuala Lumpur Islamic summit offers a viable policy path for both the Islamic countries and the rest of the international community to promote a strategy of eliminating terrorism through cooperation and mutual support. I now resume my functions as President of the Security Council. The next speaker inscribed on my list is the representative of Japan. I invite him to take a seat at the Council table and to make his statement.

First of all, I would like to thank Ambassador Muñoz for his detailed presentation. It is truly regrettable that terrorist acts, such as that in Madrid in which hundreds of innocent lives were sacrificed, have continued to occur even in the year 2004. Terrorism can never be justified for any reason whatsoever, and we strongly condemn such brutal acts. I wish to extend my deepest condolences to the families of the victims. Today, the world is watching intently to see how effective the United Nations will be in undertaking counter-terrorism initiatives. In that connection, my Government appreciates the Al Qaeda and Taliban Sanctions Committee, which has demonstrated increasingly greater effectiveness in its efforts in the fight against terrorism. I should add that, in particular, Japan supports Security Council resolution 1526 (2004) and wishes to offer its full cooperation towards the realization of an effective counter-terrorism policy through the implementation of the resolution. Having heard the Chairman’s briefing and reviewed the recent activities of the Committee, I wish to emphasize the following points. First, in the light of the continuing occurrence of terrorist acts, it is imperative that terrorist access to the sources of financing and of acquisition of weapons for terrorism be cut off. Furthermore, it is crucial that each and every member State implement effective border- control policies, including travel bans. Travel bans are necessary to prevent not only key Al Qaeda leaders, but also the new generation of Al Qaeda members who have managed to elude capture in the international pursuit, as well as resurgent Taliban elements, from moving freely around the world to achieve their terrorist objectives. From that point of view, we strongly hope that more information will be submitted for inclusion in the Committee’s consolidated list so that Member States will have access to a more substantial list. An Al Qaeda terrorist whose name has been included in the consolidated list was recently arrested in Germany. Through the investigation following the arrest we learned that he had been engaged in some activities in my country for a certain period of time under false names. That incident has generated renewed interest in Japan in the consolidated list. In cooperation with interested countries, we intend to add the other names used by that terrorist while in Japan, so as to assist in making the consolidated list more substantive. We also consider it essential that the Committee work in closer cooperation with non- Security Council Member States and other organizations having expertise in that area, such as the Counter-Terrorism Committee (CTC), with a view to facilitating technical assistance for the implementation of sanction measures by Member States. Secondly, to our regret, according to the report of the Committee (S/2004/349) of 27 April, less than 70 per cent of Member States have submitted reports in response to paragraph 6 of Security Council resolution 1455 (2003). However, I am pleased to learn that since the adoption of resolution 1526 (2004), the number of countries submitting reports has increased by 30 per cent. Along with the overseas visits of the Chairman and the Monitoring Team, the reports to be submitted by all Member States are a source of useful information for the purpose of evaluating the implementation of sanction measures. We believe it is necessary to continue to request those Member States that have not yet complied to submit their reports promptly. We encourage the Committee to further enhance information sharing with the CTC, so that the United Nations as a whole will be able to implement prompt and effective counter-terrorism measures while avoiding duplication of efforts. Thirdly, according to paragraph 8 of resolution 1526 (2004), the new Monitoring Team established by that resolution is to submit three comprehensive, independent reports on implementation by States of sanction measures, including concrete recommendations for improved implementation of sanction measures and possible new measures. In that context, my Government is deeply interested in the perspectives and the operational plan that the first report of the Team, due by the end of July this year, is expected to provide. We hope that the Monitoring Team will work vigorously for the improvement of sanction measures in accordance with that plan. We must continue our fight against terrorism in Afghanistan and its neighbouring regions, bearing in mind the above-mentioned points. At the same time, however, I wish to emphasize the importance of extending our efforts to peace and reconstruction assistance, so that Afghanistan may build resistance against terrorism. The political process in that country is now at a critical stage, with the presidential and the parliamentary elections planned for September, as announced by President Karzai at the Berlin Conference in March. Together with the United Nations Assistance Mission in Afghanistan, Japan is leading the disarmament, demobilization and reintegration (DDR) process in Afghanistan, which, in our view, is key to the progress of the political process. Therefore, while highly appreciating the contribution of the various Afghan groups in the fight against the Taliban regime, we also strongly appeal to them to recognize that participation in the peaceful political process by way of DDR is the surest path to the reconstruction of their homeland. We also wish to appeal to Afghanistan’s neighbouring countries and the international community to provide necessary assistance to the process. The fight against terrorism will require a great deal of patience, and we must remain ever vigilant. This Committee plays a central role in our joint endeavour to combat terrorism. I would like to express our appreciation for the dedication of the Chairman of the Committee, Ambassador Muñoz, and his outstanding staff, as well as for the efforts of the Committee secretariat and the Monitoring Team experts, who recently initiated their activities.

The next speaker on my list is the representative of Ireland. I invite him to take a seat at the Council table and to make his statement.

I have the honour to speak on behalf of the European Union (EU). The candidate countries Bulgaria, Romania and Turkey, the countries of the Stabilization and Association Process and potential candidates Albania, Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia and Serbia and Montenegro, and the EFTA countries Iceland and Norway, members of the European Economic Area, align themselves with this statement. The European Union is grateful for the customary informative briefing provided by Ambassador Muñoz this morning. As Chairman of the Security Council Committee established pursuant to resolution 1267 (1999), and in the assiduous and diligent manner in which he discharges his often difficult responsibilities, he may continue to rely on the wholehearted support of the European Union. Regular travel to, and interface with, relevant countries and regional organizations is an essential component in the effective conduct of the work of the Committee. This morning Ambassador Muñoz has given us an overview of his recent mission to Tunisia, Algeria, Senegal and Spain. Evident from this overview is the fact that significant and productive dialogue took place during that mission. Regarding Tunisia, Algeria and Senegal, we wish to confirm that the EU remains fully aware that these States have been threatened by terrorism for some time. We are committed to cooperating closely with the Maghreb countries in meeting this challenge. The Declaration on Combating Terrorism, adopted by the European Council on 25 March 2004, commits the European Union to developing technical assistance strategies to enhance the counter-terrorist capacity of third countries, in coordination with other international organizations and donor States. The European Commission maintains an ongoing programme of work in that regard, as do a number of member States on a bilateral basis. The EU will continue to cooperate closely with our international partners, including the Counter-Terrorism Committee (CTC) and this Committee, to identify those countries where our assistance might most effectively be directed. The European Union also remains committed to meeting in full our counter-terrorist commitments under the relevant Security Council resolutions. We will continue to cooperate with the Committee and with partner countries to halt the flow of funds and other economic resources to terrorists and terrorist groups, prevent their access to the arms necessary to carry out their attacks and ensure that terrorists will be unable to find safe haven either within the EU or externally. The EU also wishes to recall that any amendments or additions made to the consolidated list of the 1267 Committee are automatically included in the annex of the relevant European regulation. It is a longstanding position of the European Union that counter-terrorism actions must at all times be accompanied by respect for due process and the rule of law. We reiterate once again that there can be no trade-off between human rights and effective security measures; indeed, respect for human rights must remain an integral part of any comprehensive counter- terrorist strategy. We therefore fully subscribe to the views expressed by the Chairman today on this important matter. The European Union agrees fully with the conclusion contained in paragraph 12 of the Chairman’s analytical summary contained in document S/2004/349 that reports from States are essential in the international struggle against the scourge and the threat posed by terrorists to the world community. While we are encouraged to hear of an increase in State compliance, every effort must be made by all concerned to facilitate the submission of outstanding reports. Any confusion regarding reporting requirements must be dispelled. Assistance in the preparation of these reports should be given, where needed. While it is recognized that there may be legitimate reasons precluding timely submission of reports by some States and that these difficulties should be promptly addressed, an unfortunate signal is sent to the outside world by the uneven or inconsistent submission of reports by States. The European Union therefore strongly urges the States concerned to liaise closely with the Committee and the Monitoring Team so that all outstanding reports may be submitted without further substantial delay. As the Chairman has observed, a new Monitoring Team has been constituted since he last addressed the Security Council on the activities of the 1267 (1999) Committee. The work of the Monitoring Team will be vital to ensuring the long-term success of the Committee itself. In addition to analysing means of ameliorating the level of submission of national reports and their quality, the Team has an equally important role in assessing how effective existing resolutions, legislation and controls have been in combating terrorist financing, hindering the movement of terrorists and upholding arms embargoes. In that regard, we encourage the Monitoring Team to continue to develop its working relationship with the Counter- Terrorism Committee Executive Directorate in order to maximize synergies and avoid duplication in their closely related work. The European Union very much looks forward to receiving the Monitoring Team’s detailed reports over the coming months and will, as always, analyse them most carefully. Before closing, it would be remiss of me were I not to thank Ambassador Muñoz most warmly, on behalf of the European Union, for agreeing to meet recently, and at some length, with both the European Union Coordinator on Counter-Terrorism, Mr. Gijs de Vries and, only a few days later, with a high-level European Union Troika counter-terrorism delegation. We look forward to continued close consultation and cooperation with him, the Committee and the Monitoring Team.

The next speaker inscribed on my list is the representative of India. I invite him to take a seat at the Council table and to make his statement.

We thank you, Sir, for arranging this public meeting of the Security Council on an issue of particular importance and relevance to the United Nations membership. The adoption of resolution 1526 (2004) in January this year marked another important step in the work of the Committee established pursuant to resolution 1267 (1999) concerning Al Qaeda and the Taliban. We thank Ambassador Heraldo Muñoz for his briefing this morning and for his exemplary stewardship of the 1267 Committee. The Committee has been proactive in pursuing its mandate, one that is critical to the interests of the international community. The travel of the Chair to selected States will undoubtedly enhance the Committee’s understanding of situations particular to each State and enhance the cooperation the Committee can elicit from the States concerned. We are also confident that the establishment of the newly constituted Monitoring Team will impart further impetus to the Committee and increase its analytical and operational capacities. We believe that the efforts of the Committee to expand the Taliban/Al Qaeda list, to increase information-sharing between the Committees and Member States, to extend assistance to States in meeting their obligations under the relevant resolutions, to pursue best practices and to enhance its cooperation with the Counter-Terrorism Committee are all steps in the right direction. A few days ago, on 23 May, 33 people, including a number of women and children, were killed when the vehicle they were travelling in was blasted along the Jammu-Srinagar national highway. The banned terrorist outfit, Hizbul Mujahideen, has claimed responsibility for the attack. Describing this as yet another instance of the grave threat terrorism poses to India’s integrity and progress, the Prime Minister of India, Mr. Manmohan Singh, declared that “while we will continue to seek a peaceful resolution to all outstanding problems, there can be no compromise on our solemn resolve to deal with the menace of terrorism with firm determination”. It is evident that the scourge of terrorism is increasing in intensity and spread worldwide. The increasingly sophisticated tactics and use of systems and equipment by terrorists, coupled with their continuing ability to elude the restrictions placed by Governments on their movements and their access to arms and financing, suggest that it is time for the international community to pool its resources and come up with effective new counter-strategies to combat international terrorism. In our view, the development of approaches and solutions to tackle terrorism has to cater to regional and national specificities. There is need to adopt a multi-track approach that takes account of differences in the stages of development and the use of technology in different parts of the world. There are likely to be significant regional variations among Europe, Latin America, West Asia and South Asia in the handling of border controls, money transfers, small arms, counterfeit documents, narcotics and surveillance of communications. Although such variations are inevitable, considering the different stages of economic development and the use of technology in those regions, international counter-terrorism efforts must respect and respond to such diversity if they are to be fully effective and yield results. We would like to underline the inter-linkages among different terrorist groups. They support one another, and their organizations’ memberships and ideologies mutate. Thus they cannot be addressed on the basis of a segmented approach. We call upon the 1267 Committee to keep in mind this aspect of inter- linkage as it pursues work related to Al Qaeda and the Taliban. The 1267 Committee and the Counter-Terrorism Committee and their operational arms will need to orient themselves to the different systems and loopholes that terrorist networks utilize to further their objectives. Such an approach implies close cooperation with officials and experts from countries with the required experience and expertise in dealing with such situations. The Committee must adjust its policies accordingly. Likewise, in crafting its resolutions, the Council must sharpen the instruments available to it for tackling the varying strategies and techniques employed by terrorists. By providing, to the maximum extent possible, complete details of the identification of the terrorists included in the Al Qaeda/Taliban lists, the Committee will assist Member States to take timely and effective action against such individuals. The cold reality is that the Taliban and Al Qaeda are far from finished. On the contrary, they have begun to emerge from the woodwork in different areas and are adapting and refining their tactics. The 1267 Committee represents a key multilateral component for containing the threat posed by those terrorist groups. Much will depend upon the Committee’s continued and focused effort as well as its ability to face the issues head on, without fear or favour. The global ramifications of terrorist threats are unlikely to dissipate in the near future. No country can claim to be immune from the reach of terrorism. The international community will have to be united in sustaining and persevering in its collective campaign to root out this menace.

Since this is perhaps one of Ambassador Nambiar’s final appearances before the Security Council, may I, on behalf of the Council members, address him and wish him all the best in his future pursuits. The next speaker inscribed on my list is the representative of Costa Rica. I invite her to take a seat at the Council table and to make her statement.

Allow me to begin by thanking Ambassador Heraldo Muñoz, Permanent Representative of Chile, for his briefing on the work of the sanctions Committee established pursuant to resolution 1267 (1999) concerning Al Qaeda and the Taliban and for the list submitted pursuant to paragraph 23 of resolution 1526 (2004) (S/2004/349, annex II). Costa Rica has always been firmly committed to combating international terrorism in all its forms and manifestations. My country strongly endorses the measures adopted by the Security Council to bring to justice those responsible for committing and preparing terrorist acts and to prevent such criminal acts from being committed. For this reason, Costa Rica fully supports all measures that may be necessary, in keeping with international law, to dismantle the criminal Al Qaeda network and the Taliban. Fortunately, to date, no individual associated with Al Qaeda or the Taliban has been located on Costa Rican territory, and it has been determined that they do not possess assets in our country. Concerning the list presented in keeping with resolution 1526 (2004), I wish to stress the point that on 30 April the Government of Costa Rica presented the Chairman of the Committee with an exhaustive report on the measures my country has taken to implement sanctions against Al Qaeda and the Taliban; we hope that the report will be circulated as soon as possible as an official document of the Security Council. As regards our experience in implementing resolution 1267 (1999) and subsequent resolutions, I would like to underscore that the implementation of these sanctions is a highly complex process and, accordingly, requires time in order to carry it out correctly. In Costa Rica, for example, implementation requires coordination among various public agencies, including the department of intelligence and security, the directorate-general on foreign immigration, the police force, and the offices of the superintendents- general of financial institutions, of securities and of pensions, as well as cooperation among all the country’s public and private financial institutions. Moreover, the list of individuals subject to sanctions is difficult to work with. The information provided is in some cases insufficient to identify with certainty the persons subject to coercive measures. For that reason, the Committee should provide States with more information, so as to enable them to clearly identify such persons. At the same time, confidentiality in the work of the Committee must be maintained, so as to prevent further information leaks that would erode Member States’ trust in that body. In addition, in order to facilitate judicial and police cooperation, it is essential that there be sufficient substantiated evidence and open judicial investigations concerning each and every person who appears on the list. In keeping with the basic principles of human rights and due process, if it proves necessary to take measures against such individuals or their assets, the relevant judicial authorities must be provided with concrete evidence showing that the measures are justified. The Inter-American Commission on Human Rights, for example, has stated that if a person is arrested without such detention being ordered or supervised by the competent judicial authorities, there is a clear risk not only of that person’s legal rights being undermined, but also of his or her physical safety being jeopardized. For that reason, we believe that a mechanism should be set up that will enable States to have ready access to relevant information. In this regard, the mechanisms already established by Interpol should be used. The submission of lengthy and repetitive reports is a heavy burden for countries that are overwhelmed by increasingly detailed and lengthy questions. It is essential to establish better coordination among the various United Nations bodies responsible for counter- terrorism activities. As we indicated earlier, my delegation is convinced that combating terrorism should become a permanent activity of the United Nations. We believe that coordinating the international fight against terrorism should be entrusted to an independent, professional and permanent body located in the heart of the Organization’s structure. We have accordingly proposed the creation of the post of United Nations high commissioner against counter-terrorism, with its own office, which would assist the Security Council, the General Assembly and the Economic and Social Council. We believe that the new body should take over not only the activities now carried out by the Counter-Terrorism Committee and the 1267 Committee, but also the counter-terrorism activities of the United Nations Office on Drugs and Crime and the assistance, coordination and information work done within the Secretariat. In addition, that office should become a facilitator for coordination and cooperation among the various national agencies that are working to combat terrorism, such as the ministries of justice, the judicial agencies and the police forces of the various States Members of the United Nations. Only by creating such a body will we be able properly to tackle the challenge of international terrorism.

I invite the representative of Costa Rica to resume the seat reserved for her at the side of the Council Chamber. I now give the floor to Mr. Heraldo Muñoz, Chairman of the 1267 Committee, to respond to the questions and comments that have arisen in the debate.

I would like first of all to express my thanks for the expressions of encouragement to me in my work as Chairman of the Security Council’s Al Qaeda and Taliban sanctions Committee. I would also pay tribute to the tireless work of the other members of the Committee, the Monitoring Team and the Secretariat; without their support, we would be unable to move forward in our work. No specific questions have been asked, but I would like, all the same, to express my thanks for the suggestions offered by various delegations. They will be duly taken into account both by our Committee and by the Monitoring Team. As some delegations have said in acknowledging our work, much still remains to be done, and we are committed to tackling those outstanding challenges. It is not just a question of receiving reports — and we hope that we will receive them all, as we must; we also need to continue with our visits and dialogue in the field. Through direct communication, this will help to dispel concerns and deal with problems associated with the implementation of sanctions as well as enable us, often, to receive suggestions which will improve our work. We hope that in the next few months we will be reporting in writing on our work and the work of the Monitoring Team and that, ultimately, the cooperation between Member States and the Committee will continue to improve, since this is what would really make our task and our counter-terrorism efforts easier. That work, we all know, is being actively carried out and requires more preventive measures and more concerted action from the Security Council and from all Members of the United Nations.

I thank Ambassador Muñoz for his comments. There are no further speakers on my list. The Security Council has thus concluded the present stage of its consideration of the item on its agenda.