S/RES/2498(2019) SC

United Nations S/RES/2498 (2019) Security Council Distr.: General 15 November 2019 Resolution 2498 (2019) Adopted by the Security Council at its 8665th meeting, on 15 November 2019 The Security Council, Recalling all its previous resolutions and statements of its President on the situation in Somalia, Reaffirming its respect for the sovereignty, territorial integrity, political independence and unity of Somalia, and underscoring the importance of working to prevent destabilising effects of regional disputes from spilling over into Somalia, Expressing its support for the Federal Government of Somalia (FGS) in their efforts to reconstruct the country, counter the threat of terrorism and tackle the flow of illegal arms and armed groups, further expressing its intention to ensure the arms embargo in this resolution will enable the FGS in the realisation of these objectives, and noting its intention to set out all of the provisions of the arms embargo in th is text, Condemning Al-Shabaab attacks in Somalia and beyond, expressing grave concern that Al-Shabaab continues to pose a serious threat to the peace, security and stability of Somalia and the region, particularly through their increased use of improvised explosive devices (IEDs), and further expressing grave concern at the continued presence in Somalia of affiliates linked to Islamic State in Iraq and the Levant (ISIL also known as Da’esh), Reaffirming the need to combat by all means, in accordance with the Charter of the United Nations and international law, including applicable international human rights law, international refugee law, and international humanitarian law, threats to international peace and security caused by terrorist acts, Condemning any flows of weapons and ammunition supplies to and through Somalia in violation of the arms embargo, including when they result in supplies to Al-Shabaab and affiliates linked to ISIL, and when they undermine the sovereignty and territorial integrity of Somalia as a serious threat to peace and stability in the region, and further condemning continued illegal flows of weapons and ammunition from Yemen to Somalia, Expressing serious concern at reports of increased exploitation of Somalia, by Al-Shabaab and transnational organized crime networks, as a transit and transhipment point for the trade in sub-standard, illicit and dual-use goods and the revenues this trade generates for Al-Shabaab, and further expressing concern at continued reports 19-19826 (E) *1919826* S/RES/2498 (2019) of illegal, unreported and unregulated fishing in waters where Somalia has jurisdiction, and encourages the FGS, with support from the international community, to ensure fishing licenses are issued in accordance with the appropriate Somali legislation, Reiterating the importance of co-operation and coordination between the FGS and the Federal Member States (FMS) and implementation of the National Security Architecture and noting that a successful transition to Somali-led security from the African Union Mission in Somalia (AMISOM) as set out under the Transition Plan is fundamental to the maintenance of peace and stability in the region, Expressing concern at the continued reports of corruption and diversion of public resources in Somalia, welcoming efforts made by the FGS to reduce corruption including the enactment of the Anti-Corruption Law on 21 September 2019, progress made by the FGS in strengthening public financial management and the positive work of the Financial Reporting Centre, and calling for the FGS to continue its efforts to address corruption and to continue to accelerate the pace of reform, Expressing serious concern at the humanitarian situation in Somalia, and condemning in the strongest terms any party obstructing the safe delivery of humanitarian assistance, any misappropriation or diversion of any humanitarian funds or supplies, and acts of violence against and harassment of humanitarian workers, Further expressing serious concern over the widespread nature and persistence of sexual and gender-based violence in Somalia, and encouraging the Somali authorities to further strengthen efforts to address it, including by implementing measures in line with resolution 2467 (2019), Taking note with appreciation of the final report of the Panel of Experts (the Panel) on Somalia (S/2019/858) and the technical assessment mission report of the Secretary-General (S/2019/616), expressing serious concern that the FGS has not been cooperating with the Panel during the majority of their mandate, welcoming the FGS’s collaboration and active participation with the technical assessment team on their visit, urging the FGS to engage on a way forward which will enable the Security Council to better assess and monitor compliance with the sanctions regime, and recalling that panels of experts operate pursuant to mandates from the Security Council, Welcoming regional efforts with a view to supporting the normalisation of relations between Eritrea and Djibouti including disputes regarding their shared border, and expressing concern at continuing reports of Djiboutian combatants missing in action, Determining that the situation in Somalia continues to constitute a threat to international peace and security in the region, Acting under Chapter VII of the Charter of the United Nations, 1. Condemns Al-Shabaab’s extraction of revenue from natural resources in addition to the charcoal trade, including the taxing of the illicit sugar trade, agricultural production and livestock, notes with concern their ability to store and transfer resources, and requests the Panel, with input from FGS and UNODC, to conduct an analysis of all of Al-Shabaab’s revenue sources, their methods of storage and transfer, and mapping of illegal taxation systems, and to provide recommendations to the Committee pursuant to resolution 751 (1992) concerning Somalia (the Committee); 2. Requests the FGS to strengthen cooperation and coordination with other Member States, particularly other Member States in the region, and with international partners to prevent and counter the financing of terrorism, including compliance with 2/11 19-19826 S/RES/2498 (2019) resolution 1373 (2001), resolution 2178 (2014), resolution 2462 (2019), and relevant domestic and international law, and requests the FGS to submit, in their regular reporting to the Committee, an update on concrete actions taken by the FGS to counter the financing of terrorism; 3. Calls upon the FGS, in coordination with the FMS, to accelerate the implementation of the National Security Architecture, including decisions around the composition, distribution and command and control of the security forces, and to take further steps to deliver the Somali-led Transition Plan, and underlines the responsibility of the FGS to ensure the safe and effective management, storage and security of their stockpiles of weapons, ammunition and other military equipment and their distribution, including implementation of a system which allows tracking of all such military equipment and supplies to the unit level; 4. Reiterates the importance of the FGS and FMS enhancing civilian oversight of all their security institutions and implementing appropriate vetting of all defence and security personnel, including human rights vetting, calls upon the FGS to continue to investigate promptly and as appropriate prosec ute individuals responsible for violations of international law, including international humanitarian law and international human rights law, and recalls the importance of the Secretary-General’s Human Rights and Due Diligence Policy in relation to the support provided by the United Nations to the Somali security forces and AMISOM; 5. Calls upon the international community to support implementation of the Somali-led Transition Plan to help develop credible, professional and representative Somali security forces, including providing additional and coordinated support to develop the weapons and ammunition management capacity of the FGS and FMS, with a particular focus on training, storage, support for infrastructure and distribution, technical assistance and capacity building with regard to countering financing of terrorism, and support in tackling the threat of IEDs; Arms Embargo 6. Reaffirms that all States shall for the purposes of establishing peace and stability in Somalia, implement a general and complete embargo on all deliveries of weapons and military equipment to Somalia, including prohibiting the financing of all acquisitions and deliveries of weapons and military equipment and the direct or indirect supply of technical advice, financial and other assistance, and training related to military activities, until the Council decides otherwise (as initially imposed by paragraph 5 of its resolution 733 (1992) and paragraphs 1 and 2 of resolution 1425 (2002)); 7. Decides that weapons and military equipment sold or supplied solely for the development of the Somali National Security Forces or Somali security sector institutions other than those of the FGS in accordance with paragraph 9 of this resolution shall not be resold to, transferred to, or made available for use by any individual or entity not in the service of the Somali National Security Forces or Somali security sector institution to which it was originally sold or supplied or the selling or supplying State or international, regional or subregional organisation; 8. Reaffirms that the FGS, in cooperation with the FMS, and AMISOM shall document and register all weapons and military equipment captured as part of offensive operations or in the course of carrying out their mandates, including recording the type and serial number of the weapon and/or ammunition, photographing all items and relevant markings and facilitating insp ection by the Panel of all military items before their redistribution or destruction; 19-19826 3/11 S/RES/2498 (2019) (i) Exemptions, advance approvals and notifications 9. Decides that until 15 November 2020 the arms embargo on Somalia shall not apply to deliveries of weapons and military equipment or the provision of technical advice, financial and other assistance, and training related to military activities, intended solely for the development of the Somali National Security Forces or Somalia security sector institutions other than those of the FGS to provide security for the Somali people, except in relation to items in Annex A and B to this resolution and the delivery of technical advice, financial and other assistance, and training related to military activities, which are subject to the relevant advance approvals and notification procedures as set out in paragraphs 10–17; 10. Decides that deliveries of items in Annex A to this resolution intended solely for the development of the Somali National Security Forces, or Somali sec urity sector institutions other than those of the FGS, to provide security for the Somali people, require an advance approval by the Committee on a case by-case basis, submitted at least five working days in advance by the FGS or the State or international, regional or subregional organisation delivering assistance; 11. Decides that deliveries of items in Annex B to this resolution and the delivery of technical advice, financial and other assistance, and training related to military activities intended solely for the development of the Somali National Security Forces to provide security for the Somali people are subject to notifications to the Committee for information submitted at least five working days in advance by the FGS or the State or international, regional or subregional organisation delivering assistance; 12. Decides that deliveries of weapons and military equipment listed in Annex B to this resolution or the delivery of technical advice, financial and other assistance, and training related to military activities, intended solely for the purposes of helping develop Somali security sector institutions other than those of the FGS, may be provided in the absence of a negative decision by the Committee within five working days of receiving a notification from the supplying State or international, regional and sub-regional organisation and requests States or international, regional and sub-regional organisations to inform the FGS in parallel of any such deliveries at least five working days in advance; 13. Decides that the FGS has the primary responsibility to seek approval from or notify the Committee pursuant to paragraph 10 or 11, as applicable of any deliveries of weapons and military equipment or the delivery of technical advice, financial and other assistance, and training related to military activities to the Somali National Security Forces, at least five days in advance, and that all requests for approvals and notifications should include: details of the manufacturer and supplier of the weapons and military equipment, a description of the arms and ammunition including the type, calibre and ammunition, proposed date and place of delivery, and all relevant information concerning the intended destination unit in the Somali National Security Forces, or the intended place of storage; 14. Decides that the State or international, regional or subregional organisation delivering weapons and military equipment or technical advice, financial and other assistance, and training related to military activiti es to the Somali National Security Forces pursuant to paragraph 10 or 11, may alternatively, make an advance request for approval or notification, as applicable, in consultation with the FGS, decides that a State or international, regional or subregional organisation choosing to do so should inform the appropriate national coordinating body within the FGS of the advance request for approval or notification and provide the FGS with technical support with notification procedures where appropriate, and requests the Committee 4/11 19-19826 S/RES/2498 (2019) to transmit advance requests for approval and notifications from States or international, regional or subregional organisations to the appropriate national coordinating body in the FGS; 15. Decides that a State or international, regional or subregional organisation delivering any weapon and military equipment, technical advice, financial and other assistance, and training related to military activities to Somali security sector institutions other than those of the FGS, pursuant to paragrap h 10 or 12, has responsibility for seeking approval from or notifying the Committee, as applicable, for any deliveries of those items, advice, assistance or training, and informing the FGS in parallel at least five working days in advance; 16. Decides that where paragraphs 10 or 11 apply, that the FGS shall no later than 30 days after the delivery of weapons and military equipment, submit to the Committee a post-delivery notification in the form of written confirmation of the completion of any delivery to the Somali National Security Forces, including the serial numbers for the weapons and military equipment delivered, shipping information, bill of lading, cargo manifests or packing lists, and the specific place of storage, and recognises the value of the supplying State or international, regional or subregional organisation doing the same, in cooperation with the FGS; 17. Reaffirms that the delivery of non-lethal military equipment intended solely for humanitarian or protective use shall be notified to t he Committee five days in advance for its information only, by the supplying State or international, regional or subregional organisation; 18. Notes with concern reports that States were not adequately following the notification procedures set out in prior resolutions, reminds States of their obligations pursuant to the notification procedures, set out in paragraph 10–17, and further urges States to follow strictly the notification procedures for providing assistance to develop Somali security sector institutions other than those of the FGS; (ii) Exceptions 19. Reaffirms that the embargo shall not apply to: (a) Supplies of weapons or military equipment or the provision of technical advice, financial and other assistance, and training related to milit ary activities intended solely for the support of or use by United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM), the African Union Mission in Somalia (AMISOM); AMISOM’s strategic partners, operating solely under the latest African Union Strategic Concept of Operations, and in cooperation and coordination with AMISOM; and the European Union Training Mission (EUTM) in Somalia, all as per paragraph 10 (a)–(d) of resolution 2111 (2013); (b) Supplies of weapons and military equipment destined for the sole use of States or international, regional and subregional organisations undertaking measures to suppress acts of piracy and armed robbery at sea off the coast of Somalia, upon the request of the FGS for which it has notified the Secretary-General, and provided that any measures undertaken shall be consistent with applicable international humanitarian and international human rights law; (c) Supplies of protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel for their personal use only; (d) Entry into Somali ports for temporary visits of vessels carrying weapo ns and military equipment for defensive purposes provided that such items remain at all 19-19826 5/11 S/RES/2498 (2019) times aboard such vessels (as previously affirmed by paragraph 3 of resolution 2244 (2015)); Targeted sanctions in Somalia 20. Recalls its decisions in its resolution 1844 (2008) which imposed targeted sanctions and its resolutions 2002 (2011), and 2093 (2013) which expanded the listing criteria, and recalls its decisions in its resolutions 2060 (2012) and 2444 (2018), and further recalls that the listing criteria includes, but is not limited to, planning, directing or committing acts involving sexual and gender based violence; 21. Requests the Special Representative of the Secretary-General for Children and Armed Conflict and the Special Representative for Sexual Violence in Conflict to share relevant information with the Committee in accordance with paragraph 7 of resolution 1960 (2010) and paragraph 9 of resolution 1998 (2011), and invites the Office of the United Nations High Commissioner for Human Rights to share relevant information with the Committee, as appropriate; 22. Decides that until 15 November 2020 and without prejudice to humanitarian assistance programmes conducted elsewhere, the measures imposed by paragraph 3 of its resolution 1844 (2008) shall not apply to the payment of funds, other financial assets or economic resources necessary to ensure the timely deliver y of urgently needed humanitarian assistance in Somalia, by the United Nations, its specialised agencies or programmes, humanitarian organisations having observer status with the United Nations General Assembly that provide humanitarian assistance, and their implementing partners including bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plan for Somalia; Somalia Charcoal ban 23. Condemns any exports of charcoal from Somalia in violation of the total ban on the export of charcoal, reaffirms its decision regarding the ban on the import and export of Somali charcoal, as set out in paragraph 22 of its resolution 2036 (2012) (“the charcoal ban”), and paragraphs 11 to 21 of resolution 2182 (2014), and decides to renew the provisions set out in paragraph 15 of resolution 2182 (2014) until 15 November 2020; 24. Reiterates its requests that AMISOM support and assist the FGS and FMSs in implementing the total ban on the export of charcoal from Somalia, and calls upon AMISOM to facilitate regular access for the Panel to charcoal exporting ports; 25. Reaffirms the importance of the efforts of the Combined Maritime Forces (CMF) to disrupt the export and import of charcoal to and from S omalia, and encourages the United Nations Office on Drugs and Crime to continue its work with the FGS and FMS, within its current mandate, under the Indian Ocean Forum on Maritime Crime to bring together relevant States and international organisations to develop strategies to disrupt the trade in Somali charcoal, and the trafficking of other licit and illicit goods that may finance terrorist activities in Somalia; IED components ban 26. Noting the increase in IED attacks undertaken by Al-Shabaab, decides that all States shall prevent the direct or indirect sale, supply or transfer of the items in part I of Annex C to this resolution to Somalia from their territories or by their nationals outside their territories, or using their flag vessels or aircraf t if there is sufficient evidence to demonstrate that the item(s) will be used, or a significant risk they may be used, in the manufacture in Somalia of improvised explosive devices; 6/11 19-19826 S/RES/2498 (2019) 27. Further decides that, where an item in part I of Annex C to this resolution is directly or indirectly sold, supplied or transferred to Somalia consistent with paragraph 27, the State shall notify the Committee of the sale, supply or transfer no more than 15 working days after the sale, supply or transfer takes place, and stresses the importance that notifications pursuant to this paragraph contain all relevant information, including the purpose of the use of the item(s), the end user, the technical specifications and the quantity of the item(s) to be shipped; 28. Calls upon Member States to undertake appropriate measures to promote the exercise of vigilance by their nationals, persons subject to their jurisdiction and firms incorporated in their territory or subject to their jurisdiction that are involved in the sale, supply, or transfer of explosive precursors and materials to Somalia that may be used in the manufacture of improvised explosive devices, including inter alia items in part II of Annex C, to keep records of transactions and share information with the FGS, the Committee and the Panel regarding suspicious purchases of or enquiries into these chemicals by individuals in Somalia and to ensure that the FGS and FMS are provided with adequate financial and technical assistance to establish appropriate safeguards for the storage and distribution of materials; Panel of Experts on Somalia 29. Decides to renew, with effect from the date of adoption of this resolution, until 15 December 2020, the Panel on Somalia and that the mandate of the Panel shall include the tasks referred to in paragraph 11 of resolution 2444 (2018) and paragraph 1 of this resolution, requests the Secretary-General to include dedicated gender expertise, in line with paragraph 11 of its resolution 2467 (2019), and expresses its intention to review the mandate of the Panel and take appropriate action regarding any extension to the mandate no later than 15 November 2020; 30. Urges the FGS to cooperate with the Panel to facilitate interviews of suspected members of Al-Shabaab and ISIL held in custody, reiterates the importance of cooperation between the Panel and the FGS, urges the FGS to resume full cooperation with the Panel, including setting a date for a visit by the incoming Panel to Somalia without further delay, notes the importance of the Panel carrying out their mandate in line with document S/2006/997, and requests the Panel to give recommendations to the Committee on how to support the FGS in weapons and ammunition management including efforts towards establishing a National Small Arms and Light Weapons Commission; 31. Reiterates its request for States, the FGS, the FMS and AMISOM to provide information to the Panel, and assist them in their investigations, urges the FGS and the FMS to facilitate access for the Panel, on the basis of writt en requests to the FGS by the Panel, to all FGS armouries in Mogadishu, all FGS -imported weapons and ammunition prior to distribution, all FGS military storage facilities in Somalia National Army (SNA) sectors and all captured weaponry in FGS and FMS custo dy, and to allow photographs of weapons and ammunition in FGS and FMS custody and access to all FGS and FMS logbooks and distribution records, in order to enable the Security Council to monitor and assess implementation of this resolution; Reporting 32. Requests the Secretary-General to provide the Security Council with an update, no later than the 31 July 2020 on any further developments towards the normalisation of relations between Eritrea and Djibouti; 33. Requests the Panel to provide monthly updates to the Committee, including a comprehensive mid-term update as well as to submit, for the Security Council’s consideration, through the Committee, a final report by 15 October 2020 to 19-19826 7/11 S/RES/2498 (2019) include a focused analysis on the financial revenues of Al -Shabaab pursuant to paragraph 1; 34. Requests the Emergency Relief Coordinator to report to the Security Council by 15 October 2020 on the delivery of humanitarian assistance in Somalia and on any impediments to the delivery of humanitarian assistance in Somali a; 35. Requests the FGS to report to the Security Council in accordance with paragraph 9 of resolution 2182 (2014) and as requested in paragraph 7 of resolution 2244 (2015), by 15 February 2020 and then by 15 August 2020, on the structure, composition, strength and disposition of its security forces, and the status of regional and militia forces, including as annexes the reports of the Joint Verification Team (JVT) requested in paragraph 7 of resolution 2182 (2014), and incorporating the notifications regarding the destination unit in the Somali National Security Forces or the place of storage of military equipment upon distribution of imported arms and ammunition, and requests future reports of the JVT to cross-reference serial numbers of weapons documented by the JVT with available records detailing the distribution of arms to the security forces; 36. Decides to remain seized of the matter. 8/11 19-19826 S/RES/2498 (2019) Annex A Items subject to the Committee’s advance approval 1. Surface to air missiles, including Man-Portable Air-Defence Systems (MANPADS); 2. Weapons with a calibre greater than 12.7 mm, and components specially designed for these, and associated ammunition; Note: (This does not include shoulder fired anti-tank rocket launchers such as RPGs or LAWs (light anti-tank weapon), rifle grenades, or grenade launchers.); 3. Mortars with a calibre greater than 82 mm and associated ammunition; 4. Anti-tank guided weapons, including Anti-tank Guided Missiles (ATGMs) and ammunition and components specially designed for these items; 5. Charges and devices specifically designed or modified for military use; mines and related materiel; 6. Weapon sights with a night vision capability; 7. Aircraft, specifically designed or modified for military use; Note: ‘Aircraft’ means fixed wing, swivel wing, rotary wing, tilt rotor or tilt wing vehicle, or helicopter. 8. ‘Vessels’ and amphibious vehicles specifically designed or modified for military use; Note: ‘Vessel’ includes any ship, surface effect vehicle, vessel of small waterplane area or hydrofoil and the hull or part of the hull of a vessel. 9. Unmanned combat aerial vehicles (listed as Category IV in the UN Register of Conventional Arms). 19-19826 9/11 S/RES/2498 (2019) Annex B Equipment requiring a notification with regard to deliveries to the Somali National Security Forces and Committee approval for Somalia security sector institutions other than those of the FGS • All types of weapons with a calibre up to 12.7mm: and associated ammunition; • RPG-7 and recoilless rifles, and associated ammunition; • Helmets manufactured according to military standards or specification, or comparable national standards; • Body armour or protective garments, as follows: o Soft body armour or protective garments, manufactured to military standards or specifications, or their equivalents; Note: military standards or specifications include, as a minimum, specifications for fragmentation protection. o Hard body armour plates providing ballistic protection equal to or greater that level III (NIJ 0101.06 July 2008) or national equivalents; • Ground vehicles specifically designed or modified for military use; • Communication equipment specifically designed or modified for military use; • Global Navigation Satellite Systems (GNSS) positioning equipment, specifically designed or modified for military use. 10/11 19-19826 S/RES/2498 (2019) Annex C Improvised Explosive Devices (IED) Components Explosive materials, explosives precursors, explosive-related equipment, and related technology Part I 1. Explosive materials, as follows, and mixtures containing one or more thereof: a. Nitrocellulose (containing more than 12.5% nitrogen w/w); b. Trinitrophenylmethylnitramine (tetryl); 2. Explosive-related goods: a. Equipment and devices specially designed to initiate explosives by electrical or non-electrical means (e.g. firing sets, detonators, igniters, detonating chord). 3. “Technology” required for the “production” or “use” of the items listed at paras. 1, 2 & 3. Part II 1. Explosive materials, as follows, and mixtures containing one or more thereof: a. Ammonium Nitrate Fuel Oil (ANFO); b. Nitroglycol; c. Pentaerythritol tetranitrate (PETN); d. Picryl chloride; e. 2,4,6-Trinitrotoluene (TNT). 2. Explosives precursors: a. Ammonium nitrate; b. Potassium nitrate; c. Sodium chlorate; d. Nitric acid; e. Sulphuric acid. 19-19826 11/11