S/RES/2610(2021) SC
Security Council resolution 2610 (2021) [on reviewing and extending sanctions against Islamic State in Iraq and the Levant (Da'esh) and Al-Qaida]
76
Session
15
Yes
0
No
0
Abstentions
| Draft symbol | S/2021/1055 |
|---|---|
| Adopted symbol | S/RES/2610(2021) |
| Category | Peace and security |
| UN Document | S/RES/2610(2021) ↗ |
Vote Recorded Vote — S/PV.8934
Full text of resolution
United Nations S/RES/2610 (2021)
Security Council Distr.: General
17 December 2021
Resolution 2610 (2021)
Adopted by the Security Council at its 8934th meeting, on
17 December 2021
The Security Council,
Recalling its resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1373 (2001),
1390 (2002), 1452 (2002), 1455 (2003), 1526 (2004), 1566 (2004), 1617 (2005), 1624
(2005), 1699 (2006), 1730 (2006), 1735 (2006), 1822 (2008), 1904 (2009), 1988
(2011), 1989 (2011), 2083 (2012), 2133 (2014), 2161 (2014), 2170 (2014), 2178
(2014), 2195 (2014), 2199 (2015), 2214 (2015), 2249 (2015), 2253 (2015), 2309
(2016), 2322 (2016), 2331 (2016), 2341 (2017), 2347 (2017), 2354 (2017), 2368
(2017), 2379 (2017), 2388 (2017), 2396 (2017), 2462 (2019), 2482 (2019), and 2560
(2020),
Reaffirming that terrorism in all forms and manifestations constitutes one of the
most serious threats to peace and security and that any acts of terrorism are criminal
and unjustifiable regardless of their motivations, whenever, wherever, and by
whomsoever committed, and reiterating its unequivocal condemnation of the Islamic
State in Iraq and the Levant (ISIL, also known as Da’esh), Al-Qaida, and associated
individuals, groups, undertakings, and entities for ongoing and multiple criminal
terrorist acts aimed at causing the deaths of innocent civilians and other victims,
destruction of property, and greatly undermining stability,
Recognizing that terrorism poses a threat to international peace and security and
that countering this threat requires collective efforts on national, regional and
international levels on the basis of respect for international law and the Charter of the
United Nations,
Reaffirming that terrorism cannot and should not be associated with any
religion, nationality, or civilization,
Expressing its gravest concern about the presence, violent extremist ideology
and actions of ISIL, and Al-Qaida, and the growing presence of their affiliates around
the world,
Reaffirming its commitment to sovereignty, territorial integrity and political
independence of all States in accordance with the Charter of the United Nations,
Recalling the importance of Member States fulfilling all of their obligations
under the Charter of the United Nations,
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Underscoring the important role of the United Nations, in particular the United
Nations Security Council, in facilitating international cooperation in countering
terrorism,
Stressing that Member States have the primary responsibility in countering
terrorist acts and violent extremism conducive to terrorism,
Recalling the Presidential Statements of the Security Council on threats to
international peace and security caused by terrorist acts of 15 January 2013
(S/PRST/2013/1), 28 July 2014 (S/PRST/2014/14), 19 November 2014
(S/PRST/2014/23), 29 May 2015 (S/PRST/2015/11), 28 July 2015
(S/PRST/2015/14), 11 May 2016 (S/PRST/2016/6), 13 May 2016 (S/PRST/2016/7),
11 March (S/PRST/2020/5), and 12 January 2021 (S/PRST/2021/1),
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, stressing in this regard the
important role the United Nations plays in leading and coordinating this effort,
Recognizing that development, security, and human rights are mutually
reinforcing and are vital to an effective and comprehensive approach to countering
terrorism, and underlining that a particular goal of counter-terrorism strategies should
be to ensure sustainable peace and security,
Reaffirming its resolution 1373 (2001) and in particular its decisions that all
States shall prevent and suppress the financing of terrorist acts and refrain from
providing any form of support, active or passive, to entities or persons involved in
terrorist acts, including by suppressing recruitment of members of terrorist groups
and eliminating the supply of weapons to terrorists,
Urging all States, including States where ISIL is present, to prevent any trade,
economic, and financial ties with ISIL, Al-Qaida, and associated individuals, groups,
undertakings, and entities, including through enhancing their border security efforts,
Stressing that terrorism can only be defeated by a sustained and comprehensive
approach involving the active participation and collaboration of all States and
international and regional organizations to impede, impair, isolate, and incapacitate
the terrorist threat,
Emphasizing that sanctions are an important tool under the Charter of the United
Nations in the maintenance and restoration of international peace and security,
including in support of countering terrorism, and stressing in this regard the need for
robust implementation of the measures in paragraph 1 of this resolution,
Stressing that the measures imposed by this resolution are not intended to have
adverse humanitarian consequences for civilian populations,
Stressing the important role the 1267/1989/2253 ISIL (Da’esh) and Al-Qaida
Sanctions Committee plays in identifying possible cases of non-compliance with the
measures reaffirmed pursuant to paragraph 1, including its role in determining the
appropriate course of action on each case,
Recalling that ISIL originated as a splinter group of Al-Qaida, and recalling
further that any individual, group, undertaking, or entity supporting ISIL or Al -Qaida
is eligible for listing,
Condemning the frequent, recent terrorist attacks perpetrated by ISIL around the
world resulting in numerous casualties, as well as the continued gross, systematic and
widespread abuses of human rights and violations of international humanitarian law
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by ISIL, and recognizing the need for sanctions to reflect current threats and, in this
regard, recalling paragraph 7 of resolution 2249 (2015),
Recalling that all States shall afford one another the greatest measure of
assistance in connection with criminal investigations or criminal proceedings relating
to the financing or support of terrorist acts, including assistance in obtaining evidence
in their possession necessary for the proceedings, and urges States to act in
accordance with their obligations under international law, in order to find and bring
to justice, extradite or prosecute any person who supports, facilitates, participates or
attempts to participate in the direct or indirect financing of activities conducted by
terrorists or terrorist groups,
Reminding all States that they have an obligation to take the measures described
in paragraph 1 with respect to all individuals, groups, undertakings, and entities
included on the ISIL (Da’esh) and Al-Qaida Sanctions list created pursuant to
resolutions 1267 (1999), 1333 (2000), 1989 (2011), 2083 (2012), and 2161 (2014),
2253 (2015), and 2368 (2017) regardless of the nationality or residence of such
individuals, groups, undertakings, or entities,
Urging all Member States to participate actively in maintaining and updating
the ISIL (Da’esh) & Al-Qaida Sanctions List by contributing additional information
pertinent to current listings, submitting delisting requests when appropriate, and by
identifying and nominating for listing additional individuals, groups, undertakings,
and entities which should be subject to the measures referred to in paragraph 1 of this
resolution, while ensuring that such nominations are evidence-based,
Reminding the ISIL (Da’esh) and Al-Qaida Sanctions Committee to remove
expeditiously and on a case-by-case basis individuals, groups, undertakings, and
entities that no longer meet the criteria for listing outlined in this resolution,
welcoming improvements to the Committee’s procedures and the format of the ISIL
(Da’esh) & Al-Qaida Sanctions List, expressing its intent to continue efforts to ensure
that procedures are fair and clear, and recognizing the challenges, both legal and
otherwise, to the measures implemented by Member States that are reaffirmed by
paragraph 1 of this resolution,
Recognizing the importance of building capacities of Member States to counter
terrorism and terrorist financing,
Welcoming again the establishment of the Office of the Ombudsperson pursuant
to resolution 1904 (2009) and the enhancement of the Ombudsperson’s mandate in
resolutions 1989 (2011), 2083 (2012), 2161 (2015) and 2253 (2015) noting the Office
of the Ombudsperson’s significant contribution in providing additional fairness and
transparency, and recalling the Security Council’s firm commitment to ensuring that
the Office of the Ombudsperson is able to continue to carry out its role effectively
and independently, in accordance with its mandate,
Welcoming the Ombudsperson’s biannual reports to the Security Council,
including the reports submitted on 21 January 2011, 22 July 2011, 20 January 2012,
30 July 2012, 31 January 2013, 31 July 2013, 31 January 2014, 31 July 2014,
2 February 2015, 14 July 2015, 1 February 2016, 1 August 2016, 23 January 2017,
7 August 2017, 8 August 2018, 6 February 2019, 1 August 2019, 7 February 2020,
7 August 2020, 8 February 2021, and 23 July 2021, and the Update of the Office of
the Ombudsperson submitted in lieu of a biannual report on 8 February 2018,
Welcoming the continuing cooperation between the Committee and INTERPOL,
the United Nations Office on Drugs and Crime, in particular on technical assistance
and capacity-building, and all other United Nations bodies, and strongly encouraging
further engagement with the United Nations Office of Counterterrorism and its Global
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Compact Entities to ensure overall coordination and coherence in the counterterrorism efforts of the United Nations system,
Recalling its resolutions 2199 (2015) and 2133 (2014) strongly condemning
kidnapping and hostage-taking committed by terrorist groups for any purpose,
including with the aim of raising funds or gaining political concessions, expressing
its determination to prevent kidnapping and hostage-taking committed by terrorist
groups and to secure the safe release of hostages without ransom payments or political
concessions, in accordance with applicable international law, reiterating its call upon
all Member States to prevent terrorists from benefiting directly or indirectly from
ransom payments or from political concessions and to secure the safe release of
hostages, welcoming the endorsement by the Global Counterterrorism Forum (GCTF)
in September 2015 of the “Addendum to the Algiers Memorandum on Good Practices
on Preventing and Denying the Benefits of Kidnapping for Ransom by Terrorists” and
urging all States to remain vigilant about kidnapping and hostage-taking by ISIL,
Al-Qaida, and their affiliates,
Gravely concerned that in some cases ISIL, Al-Qaida, and associated
individuals, groups, undertakings, and entities continue to profit from involvement in
transnational organized crime, and expressing concern that terrorists benefit from
transnational organized crime in some regions, including from the trafficking of arms,
persons, drugs, and artefacts, and from the illicit trade in natural resources including
gold and other precious metals and stones, minerals, wildlife, charcoal, petroleum,
and petroleum products, as well as from kidnapping for ransom and other crimes
including extortion and bank robbery,
Recognizing the need to take measures to prevent and suppress the financing of
terrorism, terrorist organizations, and individual terrorists even in the absence of a
link to a specific terrorist act, including from the proceeds of organized crime, inter
alia, the illicit production and trafficking of drugs and their chemical precursors, and
recalling paragraph 5 of resolution 1452 (2002),
Reiterating the central role of the United Nations, in particular its Security
Council, in preventing and combatting terrorism and stressing the essential role of the
Financial Action Task Force (FATF) in setting global standards for preventing and
combatting money laundering, terrorist financing and proliferation financing and its
Global Network of FATF-style regional bodies (FSRBs),
Recalling its decision that Member States shall eliminate the supply of weapons,
including small arms and light weapons, to terrorists, as well as its calls on States to
find ways of intensifying and accelerating the exchange of operational information
regarding trafficking in arms, and to enhance coordination of efforts on national,
subregional, regional, and international levels,
Strongly condemning the continued flow of weapons, including small arms and
light weapons, unmanned aircraft systems (UASs) and their components, improvised
explosive device (IED) components, and military equipment including Man-Portable
Air-Defence Systems to and between ISIL, Al-Qaida, their affiliates, and associated
groups, illegal armed groups and criminals, and encouraging Member States to
prevent and disrupt procurement networks for such weapons, systems and
components between ISIL, Al-Qaida and associated individuals, groups, undertakings
and entities, including through proposing relevant listing requests,
Expressing concern at the increased use, in a globalized society, by terrorists
and their supporters of new information and communications technologies, in
particular the Internet, to facilitate terrorist acts, as well as their use to incite, recruit,
fund, or plan terrorist acts,
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Stressing the need to effectively counter the ways that ISIL, Al-Qaida and
associated individuals, groups, undertakings and entities use their narratives to incite
and recruit others to commit terrorist acts, and further recalling in this regard
resolution 2354 (2017) and the “Comprehensive International Framework to Counter
Terrorist Narratives” (S/2017/375) with recommended guidelines and good practices,
Expressing concern at the flow of international recruits to ISIL, Al-Qaida, and
associated groups and the scale of this phenomenon, and recalling its resolution 2178
(2014) deciding that Member States shall, consistent with international human rights
law, international refugee law, and international humanitarian law, prevent and
suppress the recruiting, organizing, transporting, or equipping of foreign terrorist
fighters and the financing or facilitation of their travel and of their activities,
Reiterating the obligation of Member States to prevent the entry into or transit
through their territories of any individual about whom that State has credible
information that provides reasonable grounds to believe that he or she is seeking entry
into or transit through their territory for the purpose of participating in the foreign
terrorist fighter-related activities described in paragraph 6 of resolution 2178 (2014),
and reiterating further the obligation of Member States to prevent the movement of
terrorist groups, in accordance with applicable international law, by, inter alia,
effective border controls, and, in this context, to exchange information expeditiously,
improve cooperation among competent authorities to prevent the move ment of
terrorists and terrorist groups to and from their territories, the supply of weapons for
terrorists, and financing that would support terrorists,
Expressing concern at the increasing number of foreign terrorist fighters leaving
zones of armed conflict, returning to their countries of origin, transiting through,
traveling to or relocating to or from other Member States, and encouraging Member
States to share relevant information, as appropriate, within and between governments
about funding flows and movement of foreign terrorist fighters to mitigate the risk
they pose,
Calling upon Member States to continue information sharing, through
appropriate channels and arrangements, and consistent with international and
domestic law, on individuals, groups, undertakings and entities implicated in terrorist
activities, in particular their supply of weapons and sources of material support, and
on the ongoing international counter-terrorism coordination including among special
services, security agencies and law enforcement organizations and criminal justice
authorities,
Condemning any engagement in direct or indirect trade, in particular of
petroleum and petroleum products, modular refineries, and related materiel including
chemicals and lubricants, with ISIL, Al-Nusrah Front (ANF), and associated
individuals, groups, undertakings, and entities designated by the Committee, and
reiterating that such engagement would constitute support for such individuals,
groups, undertakings, and entities and may lead to further listings by the Committee,
Condemning the destruction of cultural heritage, particularly in Iraq and Syria
by ISIL, Al-Qaida, and ANF, including targeted destruction of religious sites and
objects; and recalling its decision that all Member States shall take appropriate steps
to prevent the trade in Iraqi and Syrian cultural property and other items of
archaeological, historical, cultural, rare scientific, and religious importance illegally
removed from Iraq since 6 August 1990 and from Syria since 15 March 2011,
including by prohibiting cross-border trade in such items, thereby allowing for their
eventual safe return to the Iraqi and Syrian people,
Recalling its resolution 2396 (2017) expressing concern with the continued
threat posed to international peace and security by ISIL, Al-Qaida, and associated
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individuals, groups, undertakings, and entities, and reaffirming its resolve to address
all aspects of that threat, including terrorist acts perpetrated by foreign terrorist
fighters, its resolve to address all aspects of that threat, including terrorist acts
perpetrated by foreign terrorist fighters,
Condemning in the strongest terms abductions of women and children by ISIL,
Al-Qaida, ANF and associated individuals, groups, undertakings, and entities and
recalling resolution 2242 (2015), expressing outrage at their exploitation and abuse,
including rape, sexual violence, forced marriage, and enslavement by these entities,
encouraging all State and non-state actors with evidence to bring it to the attention of
the Council, along with any information that such human trafficking and related forms
of exploitation and abuse may support the perpetrators financially, emphasizing that
this resolution requires States to ensure that their nationals and persons within their
territory do not make available any funds, financial assets or economic resources for
ISIL’s benefit, and noting that any person or entity who transfers funds to ISIL directly
or indirectly in connection with such exploitation and abuse would be eligible for
listing by the Committee,
Recalling its resolution 2331 (2016), condemning all acts of trafficking, further
expressing its intention to invite the Special Representatives of the Secretary-General
on Sexual Violence in Conflict and on Children and Armed Conflict to brief the
Committee, in accordance with the Committee’s rules of procedure, and to provide
relevant information including, if applicable, the names of individuals involved in the
trafficking in persons who may meet the Committee’s designation criteria,
Welcoming the efforts of the Secretariat to standardize the format of all United
Nations sanctions lists to facilitate implementation by national authorities, further
welcoming the Secretariat’s efforts to translate all list entries and narrative summaries
of reasons for listing available in all official languages of the United Nations, and
encouraging the Secretariat, with the assistance of the Monitoring Team, as
appropriate, to continue its work to implement the data model approved by the
Committee,
Acting under Chapter VII of the Charter of the United Nations,
Measures
1. Reaffirms its decision in paragraph 1 of resolution 2368 (2017) that all
States shall take the following measures as previously imposed by paragraph 8 (c) of
resolution 1333 (2000), paragraphs 1 and 2 of resolution 1390 (2002), and paragraphs
1 and 4 of resolution 1989 (2011), with respect to ISIL, Al-Qaida, and associated
individuals, groups, undertakings and entities:
Asset Freeze
(a) Freeze without delay the funds and other financial assets or economic
resources of these individuals, groups, undertakings and entities, including funds
derived from property owned or controlled directly or indirectly, by them or by
persons acting on their behalf or at their direction, and ensure that neither these nor
any other funds, financial assets or economic resources are made available, directly
or indirectly for such persons’ benefit, by their nationals or by persons within their
territory;
Travel Ban
(b) Prevent the entry into or transit through their territories of these
individuals, provided that nothing in this paragraph shall oblige any State to deny
entry or require the departure from its territories of its own nationals and this
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paragraph shall not apply where entry or transit is necessary for the fulfilment of a
judicial process or the Committee determines on a case-by-case basis only that entry
or transit is justified;
Arms Embargo
(c) Prevent the direct or indirect supply, sale, or transfer to these individuals,
groups, undertakings and entities from their territories or by their nationals outside
their territories, or using their flag vessels or aircraft, of arms and related materiel of
all types including weapons and ammunition, military vehicles and equipment,
paramilitary equipment, and spare parts for the aforementioned, and technical advice,
assistance or training related to military activities;
Listing Criteria
2. Reaffirms that acts or activities indicating that an individual, group,
undertaking or entity is associated with ISIL or Al-Qaida and therefore eligible for
inclusion in the ISIL (Da’esh) & Al-Qaida Sanctions List include:
(a) Participating in the financing, planning, facilitating, preparing, or
perpetrating of acts or activities by, in conjunction with, under the name of, on behalf
of, or in support of;
(b) Supplying, selling or transferring arms and related materiel to;
(c) Recruiting for; or otherwise supporting acts or activities of Al-Qaida, ISIL,
or any cell, affiliate, splinter group or derivative thereof;
3. Notes that such means of financing or support include but are not limited
to the use of proceeds derived from crime, including the illicit cultivation, production
and trafficking of narcotic drugs and their precursors;
4. Confirms that any individual, group, undertaking or entity either owned or
controlled, directly or indirectly, by, or otherwise supporting, any individual, group,
undertaking or entity associated with ISIL or Al-Qaida, including on the ISIL
(Da’esh) & Al-Qaida Sanctions List, shall be eligible for listing;
5. Confirms that the requirements in paragraph 1 (a) above apply to financial
and economic resources of every kind, including but not limited to those used for the
provision of Internet hosting and related services, used for the support of Al -Qaida,
ISIL, and other individuals, groups, undertakings or entities included on the ISIL
(Da’esh) & Al-Qaida Sanctions List;
6. Confirms that the requirements in paragraph 1 (a) above apply to funds,
financial assets or economic resources that may be made available, directly or
indirectly, to or for the benefit of listed individuals in connection with their travel,
including costs incurred with respect to transportation and lodging, and that such
travel-related funds, other financial assets or economic resources may only be
provided in accordance with the exemption procedures set out in paragraphs 1 and 2
of resolution 1452 (2002), as amended by resolution 1735 (2006), and in
paragraphs 10, 83 and 84 below;
7. Notes that the requirements in paragraph 1 (a) above apply to financial
transactions involving any funds, economic resources or income-generating activities
that benefit individuals, groups, undertakings and entities on the ISIL (Da’esh) &
Al-Qaida Sanctions List, including, but not limited to, trade in petroleum products,
natural resources, chemical or agricultural products, weapons, or antiquities by listed
individuals, groups, undertakings and entities, kidnapping for ransom, and the
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proceeds of other crimes including, trafficking in persons, extortion and bank
robbery;
8. Confirms that the requirements reaffirmed in paragraph 1 (a) above shall
also apply to the payment of ransoms to individuals, groups, undertakings or entities
on the ISIL (Da’esh) & Al-Qaida Sanctions List, regardless of how or by whom the
ransom is paid;
9. Reaffirms that Member States may permit the addition to accounts frozen
pursuant to the provisions reaffirmed in paragraph 1 above of any payment in favour
of listed individuals, groups, undertakings or entities, provided that any such
payments continue to be subject to the provisions in paragraph 1 above and are frozen;
10. Encourages Member States to make use of the provisions regarding
available exemptions to the measures reaffirmed in paragraph 1 (a) above, set out in
paragraphs 1 and 2 of resolution 1452 (2002), as amended by resolution 1735 (2006),
confirms that exemptions to the travel ban must be submitted by Member States,
individuals or the Ombudsperson, as appropriate, including when listed individuals
travel for the purpose of fulfilling religious obligations, and notes that the Focal Point
mechanism established in resolution 1730 (2006) may receive exemption requests
submitted by, or on behalf of, an individual, group, undertaking or entity on the ISIL
(Da’esh) & Al-Qaida Sanctions List, or by the legal representative or estate of such
individual, group, undertaking or entity, for Committee consideration, as described in
paragraph 84 below;
Measures implementation
11. Reiterates the importance of all States identifying, and if necessary
introducing, adequate procedures to implement fully all aspects of the measures
described in paragraph 1 above;
12. Reaffirms that those responsible for committing, organizing, or supporting
terrorist acts must be held accountable, recalls its decision in resolution 1373 (2001)
that Member States shall afford one another the greatest measure of assistance in
connection with criminal investigations or criminal proceedings relating to the
financing or support of terrorist acts, including assistance in obtaining evidence in
their possession necessary for the proceedings, underlines the importance of fulfilling
this obligation with respect to such investigations or proceedings involving ISIL,
Al-Qaida and associated individuals, groups, undertakings and entities, and urges
Member States to provide full coordination in such investigations or proceedings,
especially with those States where, or against whose citizens, terrorist acts are
committed, in accordance with their obligations under international law, in order to
find and bring to justice, extradite, or prosecute any person who supports, facilitates,
participates or attempts to participate in the direct or indirect financing of activities
conducted by ISIL, Al-Qaida and associated individuals, groups, undertakings and
entities;
13. Reiterates Member States’ obligation to ensure that their nationals and
persons in their territory not make available economic resources to ISIL, Al-Qaida,
and associated individuals, groups, undertakings, and entities, recalls also that this
obligation applies to the direct and indirect trade in petroleum and refined petroleum
products, modular refineries, and related material including chemicals and lubricants,
and other natural resources, and recalls further the importance of all Member States
complying with their obligation to ensure that their nationals and persons within their
territory do not make donations to individuals and entities designated by the
Committee or those acting on behalf of or at the direction of designated individuals
or entities;
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14. Encourages all Member States to more actively submit to the Committee
listing requests of individuals and entities supporting ISIL, Al-Qaida, and associated
individuals, groups, undertakings and entities, and directs the Committee to
immediately consider, in accordance with its resolution 2199 (2015), designations of
individuals and entities engaged in financing, supporting, facilitating acts or
activities, including in petroleum and antiquities trade-related activities with ISIL,
Al-Qaida, and associated individuals, groups, undertakings and entities;
15. Recalls its resolution 2331 (2016), reaffirms its intention to consider
targeted sanctions for individuals and entities associated with ISIL or Al -Qaida
involved in trafficking in persons in areas affected by armed conflict and in sexual
violence in conflict, and encourages all Member States to consider submitting to the
Committee listing requests in this regard;
16. Expresses increasing concern about the lack of implementation of
resolutions 1267 (1999), 1989 (2011), 2199 (2015) and 2253 (2015) including the
insufficient level of reporting by Member States to the Committee on the measures
they have taken to comply with its provisions and calls upon Member States to take
the necessary measures to fulfil their obligation under paragraph 12 of resolution 2199
to report to the Committee interdictions in their territory of any petroleum, petroleum
products, modular refineries, and related material being transferred to or from ISIL,
al-Qaida, or ANF, and calls upon Member States to report also such interdictions of
antiquities, as well as the outcome of proceedings brought against individuals and
entities as a result of any such activity;
17. Strongly urges all Member States to implement the comprehensive
international standards embodied in the Financial Action Task Force’s (FATF) Forty
Recommendations on Combating Money Laundering and the Financing of Terrorism
and Proliferation, particularly Recommendation 6 on targeted financial sanctions
related to terrorism and terrorist financing; to apply the elements in FATF’s
Interpretive Note to Recommendation 6, with the final objective of effectively
preventing terrorists from raising, moving and using funds, in line with the objectives
of Immediate Outcome 10 of the FATF methodology; to take note of, inter alia, related
best practices for effective implementation of targeted financial sanctions related to
terrorism and terrorist financing and the need to have appropriate legal authorities
and procedures to apply and enforce targeted financial sanctions that are not
conditional upon the existence of criminal proceedings; to apply an evidentiary
standard of proof of “reasonable grounds” or “reasonable basis”, as well as the ability
to collect or solicit as much information as possible from all relevant sources; and to
consider elements in FATF Recommendation 15 on virtual assets as “property,”
“proceeds,” “funds,” “funds or other assets,” or other “corresponding value” and
apply the relevant measures under the FATF Recommendations to virtual assets and
virtual asset service providers (VASPs);
18. Welcomes the recent FATF reports on ISIL, Al-Qaeda, and Affiliates
Financing (October 2021) and ongoing FATF work related to terrorist financing,
including the development of risk indicators related to terrorist financing, welcomes
further the FATF guidance on criminalizing terrorist financing (2016), including
Interpretive Note to Recommendation 5, clarifying that Recommendation 5 applies to
“funds or other assets” and that this term covers the broadest range of financial assets
and economic resources, including petroleum and petroleum products and other
natural resources, and other assets which could be used to obtain funds, the relevant
elements of resolution 2178 (2014), specifically clarifying that terrorist financing
includes the financing of the travel of individuals who travel or attempt to travel to a
State other than their States of residence or nationality for the purpose of the
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perpetration, planning, or preparation of, or participation in, terrorist acts or the
providing or receiving of terrorist training;
19. Reaffirms its decision in resolution 2462 (2019) that all States shall, in a
manner consistent with their obligations under international law, including
international humanitarian law, international human rights law and international
refugee law, ensure that their domestic laws and regulations establish serious criminal
offenses sufficient to provide the ability to prosecute and to penalize in a manner duly
reflecting the seriousness of the offense the wilful provision or collection of funds,
financial assets or economic resources or financial or other related services, directly
or indirectly, with the intention that the funds should be used, or in the knowledge
that they are to be used for the benefit of terrorist organizations or individual terrorists
for any purpose, including but not limited to recruitment, training, or travel, even in
the absence of a link to a specific terrorist act;
20. Demands that Member States ensure that all measures taken to implement
this resolution comply with their obligations under international law, including
international humanitarian law, international human rights law and international
refugee law;
21. Encourages FATF to continue its efforts to prioritize countering terrorist
financing, in particular identifying and working with Member States with strategic
anti-money laundering and countering terrorist financing deficiencies that have
hindered Member States from effectively countering the financing of terrorism,
including by ISIL, Al-Qaida, and associated individuals, group, entities and
undertakings, and in this regard, reiterates that the provision of economic resources
to such groups is a clear violation of this and other relevant resolutions and is not
acceptable;
22. Clarifies that the obligation in paragraph 1 (d) of resolution 1373 (2001)
applies to making funds, financial assets or economic resources or financial or other
related services available, directly or indirectly, for the benefit of terrorist
organizations or individual terrorists for any purpose, including but not limited to
recruitment, training, or travel, even in the absence of a link to a specific terrorist act;
23. Calls upon States to ensure that they have established as a serious criminal
offense in their domestic laws and regulations the wilful violation of the prohibition
described in paragraph 1 (d) of resolution 1373 (2001);
24. Calls upon Member States to move vigorously and decisively to cut the
flows of funds and other financial assets and economic resources to individuals,
groups, undertakings and entities on the ISIL (Da’esh) & Al-Qaida Sanctions List, as
required by paragraph 1 (a), and taking into account relevant FATF Recommendations
and international standards designed to enhance financial transparency including
effectively supervising the money value transfer systems and detecting and
preventing the physical cross-border movement of currency to support terrorism, as
well as to protect non-profit organizations, from terrorist abuse, using a risk-based
approach, while working to mitigate the impact on legitimate activities through all of
these mediums;
25. Urges Member States to remain vigilant about the use of information and
communication technology for terrorist purposes and act cooperatively to prevent
terrorists from recruiting and raising funds for terrorist purposes, including through
crowd-funding and virtual assets, and to counter their violent extremist propaganda
and incitement to violence on the Internet and social media, including by developing
effective counter narratives, while respecting human rights and fundamental freedoms
and in compliance with obligations under international law, and stresses the
importance of cooperation with civil society and the private sector in this endeavour;
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26. Urges Member States to promote awareness of the ISIL (Da’esh) &
Al-Qaida Sanctions List as widely as possible, including to relevant domestic
agencies, the private sector and the general public to ensure effective implementation
of the measures in paragraph 1 above and encourages Member States to urge that
their respective company, property and other relevant public and private registries
regularly screen their available databases, including but not limited to those with legal
and/or beneficial ownership information, against the ISIL (Da’esh) & Al -Qaida
Sanctions List;
27. Highlights the importance of strong relationships with the private sector
in countering the financing of terrorism, welcomes the work by FATF to develop risk
indicators related to terrorist financing and calls upon Member States to engage with
financial institutions and share information on terrorist financing (TF) risks to provide
greater context for their work in identifying potential TF activity related to ISIL,
Al-Qaida, and associated individuals, groups, undertakings and entities, and t o
promote stronger relationships between governments and the private sector as well as
between private sector entities in countering terrorist financing;
28. Underscores that ransom payments to ISIL, Al-Qaida, and associated
individuals, groups, undertakings, and entities continue to be one of the sources of
income which supports their recruitment efforts, strengthens their operational
capability to organize and carry out terrorist attacks, and incentivizes future incidents
of kidnapping for ransom, and reaffirms the call upon Member States in resolution
2133 (2014) to prevent terrorists from benefiting directly or indirectly from ransom
payments, or from political concessions and to secure the safe release of hostages;
29. Urges Member States to remain vigilant about the growing presence of
ISIL and its affiliates around the world, and further urges Member States to identify
and propose for listing individuals, groups, undertakings and entities that meet the
criteria in paragraph 2 of this resolution;
30. Recognizes the importance of information sharing within and between
governments to effectively counter the financing of terrorism, calls upon Member
States to continue exercising vigilance over relevant financial transactions and
improve information-sharing capabilities and practices within and between
governments through multiple authorities and channels, including law enforcement,
intelligence, security services, and financial intelligence units, and also calls upon
Member States to improve integration and utilization of financial intelligence with
other types of information available to national governments to more effectively
counter the terrorist financing threats posed by ISIL, Al-Qaida, and associated
individuals, groups, undertakings and entities;
31. Decides that Member States, in order to prevent ISIL, Al-Qaida, and
associated individuals, groups, undertakings, and entities from obtaining, handling,
storing, using or seeking access to all types of explosives, whether military, civilian
or improvised explosives, as well as to raw materials and components that can be used
to manufacture improvised explosive devices or unconventional weapons, including
(but not limited to) chemical components, detonators, detonating cord, or poisons,
shall undertake appropriate measures to promote the exercise of enhanced vigilance
by their nationals, persons subject to their jurisdiction and entities incorporated in
their territory or subject to their jurisdiction that are involved in the production, sale,
supply, purchase, transfer and storage of such materials, including through the
issuance of good practices, and further encourages Member States to share
information, establish partnerships, and develop national strategies and capabilities
to counter improvised explosive devices;
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32. Encourages Member States, including through their permanent missions,
and relevant international organizations to meet the Committee for in-depth
discussion on any relevant issues;
33. Urges all Member States, in their implementation of the measures set out
in paragraph 1 above, to ensure that fraudulent, counterfeit, stolen and lost passports
and other travel documents are invalidated and removed from circulation, in
accordance with domestic laws and practices, as soon as possible, and to share
information on those documents with other Member States through the INTERPOL
database;
34. Encourages Member States to share, in accordance with their domestic
laws and practices, with the private sector information in their national databases
related to fraudulent, counterfeit, stolen and lost identity or travel documents
pertaining to their own jurisdictions, and, if a listed party is found to be using a false
identity including to secure credit or fraudulent travel documents, to provide the
Committee with information in this regard;
35. Encourages Member States that issue travel documents to listed
individuals to note, as appropriate, that the bearer is subject to the travel ban and
corresponding exemption procedures;
36. Encourages Member States to consult the ISIL (Da’esh) & Al-Qaida
Sanctions List when considering whether to grant travel visa applications, for the
purpose of effectively implementing the travel ban;
37. Reaffirms its decision in resolution 2396 (2017) that Member States shall
require that airlines operating in their territories provide advance passenger
information (API) to the appropriate national authorities, in accordance with domestic
law and international obligations, in order to detect the departure from their
territories, or attempted travel to, entry into or transit through their territories, by
means of civil aircraft, of foreign terrorist fighters and individuals designated by the
Committee and further reaffirms its call upon Member States to report any such
departure from their territories, or such attempted entry into or transit through their
territories, by sharing this information with the State of residence or nationality, or
the countries of return, transit or relocation, and relevant international organizations
as appropriate and in accordance with domestic law and international obligations, and
to ensure API is analysed by all relevant authorities, with full respect for human rights
and fundamental freedoms for the purpose of preventing, detecting, and investigating
terrorist travel offenses and travel;
38. Reaffirms its decision in resolution 2396 (2017) that Member States shall
develop the capability to collect, process and analyse, in furtherance of ICAO
standards and recommended practices, Passenger Name Records (PNR) data and to
ensure PNR data is used by and shared with all their national competent authorities,
with full respect for human rights and fundamental freedoms for the purpose of
preventing, detecting and investigating terrorist offenses and related travel, reaffirms
its call upon Member States, the UN, and other international, regional, and
subregional entities to provide technical assistance, resources and capacity building
to Member States in order to implement such capabilities, and, where appropriate,
reaffirms its encouragement for Member States to share PNR data with relevant or
concerned Member States to detect foreign terrorist fighters returning to their
countries of origin or nationality, or traveling or relocating to a third country, with
particular regard for all individuals designated by the Committee established pursuant
to resolutions 1267 (1999), 1989 (2011), 2253 (2015), and 2368 (2017), and also
reaffirms its urging of ICAO to work with its Member States to implement ICAO
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Standards and Recommended Practices for the collection, use, processing and
protection of PNR data;
39. Reaffirms its decision in resolution 2178 (2014) that all States shall ensure
that their domestic laws and regulations establish serious criminal offenses sufficient
to provide the ability to prosecute and to penalize in a manner duly reflecting the
seriousness of such foreign terrorist fighter-related activities described in paragraph
6 of that resolution;
40. Encourages Member States to exchange information expeditiously with
other Member States, in particular States of origin, destination and transit, when they
detect the travel of individuals on the ISIL (Da’esh) & Al-Qaida Sanctions List;
41. Calls upon Member States to improve international, regional, and
subregional cooperation to address the issue of foreign terrorist fighters returning to
their countries of origin, transiting through, traveling to or relocating to or from other
Member States, including through increased sharing of information, in accordance
with domestic and international law, for the purpose of identifying such movement of
foreign terrorist fighters, the sharing and adoption of best practices, and improved
understanding of the patterns of travel and financing used by foreign terrorist fighters;
42. Urges Member States to expeditiously exchange information, through
bilateral or multilateral mechanisms and in accordance with domestic and
international law, concerning the identity of foreign terrorist fighters, including, as
appropriate, foreign terrorist fighters of more than one nationality with Member
States whose nationality the foreign terrorist fighter holds, as well as to ensure
consular access by those Member States to their own detained nationals, in
accordance with applicable international and domestic law;
43. Encourages designating States to inform the Monitoring Team whether a
national court or other legal authority has reviewed a listed party’s case and whether
any judicial proceedings have begun, and to include any other relevant information
when submitting the standard form for listing;
44. Encourages all Member States to designate national focal points in charge
of liaising with the Committee and the Monitoring Team on issues related to the
implementation of the measures described in paragraph 1 above and the assessment
of the threat from ISIL, Al-Qaida, and associated individuals, groups, undertakings,
and entities;
45. Encourages all Member States to report to the Committee on obstacles to
the implementation of the measures described in paragraph 1 above, with a view to
facilitating technical assistance;
46. Calls upon all States to submit an updated report to the Committee no later
than 180 days from the date of adoption of the form developed pursuant to
paragraph 47 on their implementation, in particular the freezing of assets and any
exemptions thereto, of the measures referred to in paragraph 1 of this resolution;
47. Requests the Secretariat, in cooperation with the Monitoring Team, to
develop a format for reporting the information requested in paragraph 46 above and
submit to the Committee for approval by consensus;
The Committee
48. Directs the Committee to continue to ensure that fair and clear procedures
exist for placing individuals, groups, undertakings and entities on the ISIL (Da’esh) &
Al-Qaida Sanctions List and for removing them as well as for granting exemptions
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per resolution 1452 (2002), and directs the Committee to keep its guidelines under
active review in support of these objectives;
49. Requests the Committee to report, through its Chair, at least once per year,
to the Council on its findings regarding Member States’ implementation efforts, and
identify and recommend steps necessary to improve implementation and on the state
of the overall work of the Committee and the Monitoring Team in conjunction with
other Committee Chairs, as appropriate, and expresses its intention to hold informal
consultations at least once per year on the work of the Committee and further requests
the Chair to hold regular briefings for all interested Member States;
50. Directs the Committee to identify possible cases of non-compliance with
the measures pursuant to paragraph 1 above and to determine the appropriate course
of action on each case, and directs the Chair, in regular reports to the Council pursuant
to paragraph 49, to provide progress reports on the Committee’s work on this issue;
51. Confirms that no matter should be left pending before the Committee for
a period longer than six months, unless the Committee determines on a case -by-case
basis that extraordinary circumstances require additional time for consideration, in
accordance with the Committee’s guidelines;
52. Requests the Committee to facilitate, through the Monitoring Team or
specialized United Nations agencies, assistance on capacity-building for enhancing
implementation of the measures, upon request by Member States;
Listing
53. Encourages all Member States to submit to the Committee for inclusion
on the ISIL (Da’esh) & Al-Qaida Sanctions List names of individuals, groups,
undertakings and entities participating, by any means, in the financing or support of
acts or activities of ISIL, Al-Qaida, and associated individuals, groups, undertakings,
and entities;
54. Reaffirms that, when proposing names to the Committee for inclusion on
the ISIL (Da’esh) & Al-Qaida Sanctions List, Member States shall use the standard
form for listing, available on the Committee’s website, and provide a statement of
case that should include as detailed and specific reasons as possible describing the
proposed basis for the listing, and as much relevant information as possible on the
proposed name, in particular sufficient identifying information to allow for the
accurate and positive identification of individuals, groups, undertakings, and entities,
and to the extent possible, the information required by INTERPOL to issue a Special
Notice, and reaffirms that the statement of case shall be releasable, upon request,
except for the parts a Member State identifies as being confidential to the Committee,
and may be used to develop the narrative summary of reasons for listing described in
paragraph 57;
55. Reaffirms that Member States proposing a new listing, as well as Member
States that have proposed names for inclusion on the ISIL (Da’esh) and Al -Qaida
Sanctions List before the adoption of this resolution, shall specify if the Committee
or the Ombudsperson may not make known the Member State’s status as a designating
State;
56. Encourages Member States to submit, where available and in accordance
with their national legislation, photographs and other biometric data of individuals
for inclusion in INTERPOL-United Nations Security Council Special Notices;
57. Directs the Committee to continue to update, as necessary, the standard
form for listing in accordance with the provisions of this resolution; further directs
the Monitoring Team to report to the Committee on further steps that could be taken
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to improve the quality of the ISIL (Da’esh) & Al -Qaida Sanctions List and
Consolidated Sanctions List, including by improving identifying information, as well
as steps to ensure that INTERPOL-United Nations Security Council Special Notices
exist for all listed individuals, groups, undertakings, and entities; and further directs
the Secretariat, with the assistance of the Monitoring Team, to implement,
disseminate and maintain the data model approved by the Committee in all official
languages and requests the Secretary-General to provide additional resources in this
regard;
58. Directs the Committee, with the assistance of the Monitoring Team and in
coordination with the relevant designating States, to make accessible on the
Committee’s website, at the same time a name is added to the ISIL (Da’esh) &
Al-Qaida Sanctions List, a narrative summary of reasons for listing that are as detailed
and specific as possible, as well as additional relevant information;
59. Encourages Member States and relevant international organizations and
bodies to inform the Committee of any relevant court decisions and proceedings so
that the Committee can consider them when it reviews a corresponding listing or
updates a narrative summary of reasons for listing;
60. Calls upon all members of the Committee and the Monitoring Team to
share with the Committee any information they may have available regarding a listing
request from a Member State so that this information may help inform the
Committee’s decision on listing and provide additional material for the narrative
summary of reasons for listing described in paragraph 57;
61. Reaffirms that the Secretariat shall, after publication but within three
working days after a name is added to the ISIL (Da’esh) & Al-Qaida Sanctions List,
notify the Permanent Mission of the State or States where the individual or entity is
believed to be located and, in the case of individuals, the State of which the person is
a national (to the extent this information is known), and requests the Secretariat to
publish on the Committee’s website all relevant publicly releasable information,
including the narrative summary of reasons for listing, immediately after a name is
added to the ISIL (Da’esh) & Al-Qaida Sanctions List;
62. Reaffirms the requirement that Member States take all possible measures,
in accordance with their domestic laws and practices, to notify or inform in a timely
manner the listed individual or entity of the listing and to include with this notification
the narrative summary of reasons for listing, a description of the effects of listing, as
provided in the relevant resolutions, the Committee’s procedures for considering
delisting requests, including the possibility of submitting such a request to the
Ombudsperson in accordance with paragraph 43 of resolution 2083 (2012) and
annex II of this resolution, and the provisions of resolution 1452 (2002) and
paragraphs 86 and 1 (b) of this resolution regarding available exemptions, including
the possibility of submitting such requests through the Focal Point mechanism in
accordance with paragraphs 10 and 86 of this resolution;
Review of Delisting Requests – Ombudsperson/Member States
63. Decides to extend the mandate of the Office of the Ombudsperson,
established by resolution 1904 (2009), as reflected in the procedures outlined in
annex II of this resolution, for a period of 30 months from the date of expiration of
the Office of the Ombudsperson’s current mandate in December 2021, affirms that
the Ombudsperson shall continue to receive requests from individuals, groups,
undertakings or entities seeking to be removed from the ISIL (Da’esh) & Al -Qaida
Sanctions List in an independent and impartial manner and shall neither seek nor
receive instructions from any government, and further affirms that the Ombudsperson
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shall continue to present to the Committee observations and a recommendation on the
delisting of those individuals, groups, undertakings or entities that have requested
removal from the ISIL (Da’esh) & Al-Qaida Sanctions List through the Office of the
Ombudsperson, either a recommendation to retain the listing or a recommendation
that the Committee consider delisting;
64. Recalls its decision that the requirement for States to take the measures
described in paragraph 1 of this resolution shall remain in place with respect to that
individual, group, undertaking or entity, where the Ombudsperson recommends
retaining the listing in the Comprehensive Report of the Ombudsperson on a delisting
request pursuant to annex II;
65. Recalls its decision that the requirement for States to take the measures
described in paragraph 1 of this resolution shall terminate with respect to that
individual, group, undertaking or entity 60 days after the Committee completes
consideration of a Comprehensive Report of the Ombudsperson, in accordance with
annex II of this resolution, where the Ombudsperson recommends that the Committee
consider delisting, unless the Committee decides by consensus before the end of that
60-day period that the requirement shall remain in place with respect to that
individual, group, undertaking or entity; provided that, in cases where consensus does
not exist, the Chair shall, on the request of a Committee Member, submit the question
of whether to delist that individual, group, undertaking or entity to the Security
Council for a decision within a period of 60 days; and provided further that, in the
event of such a request, the requirement for States to take the measures described in
paragraph 1 of this resolution shall remain in force for that period with respect to that
individual, group, undertaking or entity until the question is decided by the Security
Council;
66. Recalls its decision that the Committee may, by consensus, shorten the 60-
day period referred to in paragraph 65 on a case-by-case basis;
67. Reiterates that the measures referred to in paragraph 1 of this resolution
are preventative in nature and are not reliant upon criminal standards set out under
national law;
68. Underscores the importance of the Office of the Ombudsperson, and
requests the Secretary-General to continue to strengthen the capacity of the Office of
the Ombudsperson by providing necessary resources, including for translation
services, as appropriate, and to make the necessary arrangements to ensure its
continued ability to carry out its mandate in an independent, effective and timely
manner, and to keep the Committee updated on actions in this regard;
69. Strongly urges Member States to provide all relevant information to the
Ombudsperson, including any relevant confidential information, where appropriate,
encourages Member States to provide relevant information, including any detailed
and specific information, when available and in a timely manner, welcomes those
national arrangements entered into by Member States with the Office of the
Ombudsperson to facilitate the sharing of confidential information, strongly
encourages Member States’ further progress in this regard, including by concluding
arrangements with the Office of the Ombudsperson for the sharing of such
information, and confirms that the Ombudsperson must comply with any
confidentiality restrictions that are placed on such information by Member States
providing it;
70. Strongly urges Member States and relevant international organizations and
bodies to encourage individuals and entities that are considering challenging or are
already in the process of challenging their listing through national and regional courts
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to first seek removal from the ISIL (Da’esh) & Al-Qaida Sanctions List by submitting
delisting petitions to the Office of the Ombudsperson;
71. Notes the Financial Action Task Force (FATF) international standards and,
inter alia, best practices relating to targeted financial sanctions, as referenced in
paragraph 24 of this resolution;
72. Recalls its decision that when the designating State submits a delisting
request, the requirement for States to take the measures described in paragraph 1 of
this resolution shall terminate with respect to that individual, group, undertaking or
entity after 60 days unless the Committee decides by consensus before the end of that
60-day period that the measures shall remain in place with respect to that individual,
group, undertaking or entity; provided that, in cases where consensus does not exist,
the Chair shall, on the request of a Committee Member, submit the question of
whether to delist that individual, group, undertaking or entity to the Security Council
for a decision within a period of 60 days; and provided further that, in the event of
such a request, the requirement for States to take the measures described in paragraph
1 of this resolution shall remain in force for that period with respect to that individual,
group, undertaking or entity until the question is decided by the Security Council;
73. Also recalls its decision that the Committee may, by consensus, shorten
the 60-day period referred to in paragraph 72 on a case-by-case basis;
74. Further recalls its decision that, for purposes of submitting a delisting
request in paragraph 72, consensus must exist between or among all designating
States in cases where there are multiple designating States; and further recalls its
decision that co-sponsors of listing requests shall not be considered designating States
for purposes of paragraph 65;
75. Strongly urges designating States to allow the Ombudsperson to reveal
their identities as designating States to those listed individuals and entities that have
submitted delisting petitions to the Ombudsperson;
76. Directs the Committee to continue to work, in accordance with its
guidelines, to consider delisting requests of Member States for the removal from the
ISIL (Da’esh) & Al-Qaida Sanctions List of individuals, groups, undertakings and
entities that are alleged to no longer meet the criteria established in the relevant
resolutions, and set out in paragraph 2 of this resolution, and strongly urges Member
States to provide reasons for submitting their delisting requests;
77. Encourages States to submit delisting requests for individuals who are
officially confirmed to be dead, and for entities reported or confirmed to have ceased
to exist, while at the same time taking all reasonable measures to ensure that assets
that had belonged to these individuals or entities will not be transferred or distributed
to other individuals, groups, undertakings and entities on the ISIL (Da’esh) &
Al-Qaida Sanctions List or any other Security Council sanctions list;
78. Encourages Member States, when unfreezing the assets of a deceased
individual or an entity that is reported or confirmed to have ceased to exist as a result
of a delisting, to recall the obligations set forth in resolution 1373 (2001) and,
particularly, to prevent unfrozen assets from being used for terrorist purposes;
79. Reaffirms that, prior to the unfreezing of any assets that have been frozen
as a result of the listing of Usama bin Laden, Member States shall submit to the
Committee a request to unfreeze such assets and shall provide assurances to t he
Committee that the assets will not be transferred, directly or indirectly, to a listed
individual, group, undertaking or entity, or otherwise used for terrorist purposes in
line with Security Council resolution 1373 (2001), and decides further that such assets
may only be unfrozen in the absence of an objection by a Committee member within
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30 days of receiving the request, and stresses the exceptional nature of this provision,
which shall not be considered as establishing a precedent;
80. Calls upon the Committee when considering delisting requests to give due
consideration to the opinions of designating State(s), State(s) of residence,
nationality, location or incorporation, and other relevant States as determined by the
Committee, directs Committee members to provide their reasons for objecting to
delisting requests at the time the request is objected to, and requests the Committee
to provide reasons to relevant Member States and national and regional courts and
bodies, upon request and where appropriate;
81. Encourages all Member States, including designating States and States of
residence, nationality, location or incorporation to provide all information to the
Committee relevant to the Committee’s review of delisting petitions, and to meet with
the Committee, if requested, to convey their views on delisting requests, calls upon
the Ombudsperson to provide a copy of the Comprehensive Report to member states
that participate in the delisting review process, and for the Committee Chair to invite
these member states to the committee meeting where the Comprehensive Report is
discussed, and further encourages the Committee, where appropriate, to meet with
representatives of national or regional organizations and bodies that have relevant
information on delisting petitions;
82. Confirms that the Secretariat shall, within three days after a name is
removed from the ISIL (Da’esh) & Al-Qaida Sanctions List, notify the Permanent
Mission of the State(s) of residence, nationality, location or incorporation (to the
extent this information is known), and recalls its decision that States receiving such
notification shall take measures, in accordance with their domestic laws and practices,
to notify or inform the concerned individual, group, undertaking or entity of the
delisting in a timely manner;
83. Reaffirms that, in cases in which the Ombudsperson is unable to interview
a petitioner in his or her state of residence, the Ombudsperson may request, with the
agreement of the petitioner, that the Committee consider granting exemptions to the
restrictions on assets and travel in paragraphs 1 (a) and (b) of this resolution for the
sole purpose of allowing the petitioner to meet travel expenses and travel to anothe r
State to be interviewed by the Ombudsperson for a period no longer than necessary
to participate in this interview, provided that all States of transit and destination do
not object to such travel, and further directs the Committee to notify the
Ombudsperson of the Committee’s decision;
Exemptions/Focal Point
84. Recalls that the assets freeze measures outlined in paragraph 1 above shall
not apply to funds and other financial assets or economic resources that the
Committee determines to be:
(a) necessary for basic expenses, including payment for foodstuffs, rent or
mortgage, medicines and medical treatment, taxes, insurance premiums, and public
utility charges, or exclusively for payment of reasonable professional fees and
reimbursement of incurred expenses associated with the provision of legal services,
or fees or service charges for routine holding or maintenance of frozen funds or other
financial assets or economic resources, following notification of intention to
authorize access to such funds and in the absence of a negative decision by the
Committee within 3 working days of the notification;
(b) necessary for extraordinary expenses, being expenses other than basic
expenses, following notification of the intention to authorize release of such funds
and approval of the Committee of the request within 5 working days of the
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notification, and where appropriate, there should be specific periods of time requested
by the notifying Member States for such expenses;
85. Decides that in order to ensure careful consideration of requests for basic
and extraordinary exemptions from the assets freeze submitted under paragraphs 84 (a)
and 84 (b), the Committee, through the Secretariat, will immediately acknowledge
receipt of the request, except in instances where the information provided is
insufficient, in which case the Secretariat will inform that a decision cannot be taken
until such information is provided;
86. Reaffirms that the Focal Point mechanism established in resolution 1730
(2006) may:
(a) Receive requests from listed individuals, groups, undertakings, and
entities for exemptions to the measures outlined in paragraph 1 (a) of this resolution,
as defined in resolution 1452 (2002) provided that the request has first been submitted
for the consideration of the State of residence and any other State where assets subject
to the exemption request are held, and reaffirms further that the Focal Point shall
transmit such requests to the Committee for a decision, directs the Committee to
consider such requests, including in consultation with the State of residence and any
other relevant States, and further directs the Committee, through the Focal Point, to
notify such individuals, groups, undertaking or entities of the Committee’s decision;
(b) Receive requests from listed individuals for exemptions to the measures
outlined in paragraph 1 (b) of this resolution and transmit these to the Committe e to
determine, on a case-by-case basis, whether entry or transit is justified, directs the
Committee to consider such requests in consultation with States of transit and
destination and any other relevant States, and reaffirms further that the Committee
shall only agree to exemptions to the measures in paragraph 1 (b) of this resolution
with the agreement of the States of transit and destination, and further directs the
Committee, through the Focal Point, to notify such individuals of the Committee’s
decision;
87. Reaffirms that the Focal Point may receive, and transmit to the Committee
for its consideration, communications from:
(a) individuals who have been removed from the ISIL (Da’esh) & Al-Qaida
Sanctions List;
(b) individuals claiming to have been subjected to the measures outlined in
paragraph 1 above as a result of false or mistaken identification or confusion with
individuals included on the ISIL (Da’esh) & Al-Qaida Sanctions List;
88. Directs the Committee, with the assistance of the Monitoring Team and in
consultation with relevant States, to carefully consider such communications and to
respond, through the Focal Point, to such communications referred to in
paragraph 87 (b), as may be appropriate, within 60 days, and further directs the
Committee, in consultation with INTERPOL as may be appropriate, to communicate
with Member States as may be appropriate to address possible or confirmed cases of
false or mistaken identity or confusion with individuals included on the ISIL (Da’esh)
& Al-Qaida Sanctions List;
Review and maintenance of the ISIL (Da’esh) & Al-Qaida Sanctions List
89. Encourages all Member States, in particular designating States and States
of residence, nationality, location or incorporation, to submit to the Committee
additional identifying and other information, including where possible and in
accordance with their national legislation, photographs and other biometric data of
individuals along with supporting documentation, on listed individuals, groups,
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undertakings and entities, including updates on the operating status of listed entities,
groups and undertakings, the movement, incarceration or death of listed individuals
and other significant events, as such information becomes available;
90. Requests the Monitoring Team to circulate to the Committee every twelve
months a list compiled in consultation with the respective designating States and
States of residence, nationality, location or incorporation, where known, of:
(a) individuals, groups, undertakings and entities on the ISIL (Da’esh) &
Al-Qaida Sanctions List whose entries lack identifiers necessary to ensure effective
implementation of the measures imposed upon them;
(b) individuals on the ISIL (Da’esh) & Al-Qaida Sanctions List who are
reportedly deceased, along with an assessment of relevant information such as the
certification of death, and to the extent possible, the status and location of frozen
assets and the names of any individuals or entities who would be in a position to
receive any unfrozen assets;
(c) individuals, groups, undertakings and entities on the ISIL (Da’esh) &
Al-Qaida Sanctions List that are reported or confirmed to have ceased to exist, along
with an assessment of any relevant information;
(d) any other names on the ISIL (Da’esh) & Al-Qaida Sanctions List that have
not been reviewed in three or more years (“the triennial review”);
91. Directs the Committee to review whether these listings remain
appropriate, and further directs the Committee to remove listings if it decides they
are no longer appropriate;
92. Directs the Monitoring Team to refer to the Chair for review listings for
which, after three years, no relevant State has responded in writing to the Committee’s
requests for information, and in this regard, reminds the Committee that its Chair,
acting in his or her capacity as Chair, may submit names for removal from the ISIL
(Da’esh) & Al-Qaida Sanctions List, as appropriate and subject to the Committee’s
normal decision-making procedures;
Coordination and outreach
93. Directs the Committee to continue to cooperate with other relevant
Security Council Sanctions Committees, in particular those established pursuant to
resolutions 751 (1992) and 1907 (2009), 1988 (2011), 1970 (2011) and 2140 (2014);
94. Reiterates the need to enhance ongoing cooperation among the Committee
and United Nations counter-terrorism bodies, including the Counter-Terrorism
Committee (CTC) and the Committee established pursuant to resolution 1540 (2004)
and the UN Office of Counter-Terrorism (UNOCT) established pursuant to UN
General Assembly resolution 71/291, as well as their respective groups of experts,
including through, as appropriate, enhanced information-sharing, coordination on
visits to countries within their respective mandates, on facilitating and monitoring
technical assistance, on relations with international and regional organizations and
agencies and on other issues of relevance to these bodies;
95. Encourages the Monitoring Team and the United Nations Office on Drugs
and Crime, to continue their joint activities, in cooperation with the Counter-Terrorism Executive Directorate (CTED) and 1540 Committee experts to assist
Member States in their efforts to comply with their obligations under the relevant
resolutions, including through organizing regional and subregional workshops;
96. Requests the Committee to consider, where and when appropriate, visits
to selected countries by the Chair and/or Committee members to enhance the full and
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effective implementation of the measures referred to in paragraph 1 above, with a
view to encouraging States to comply fully with this resolution and resolutions 1267
(1999), 1333 (2000), 1390 (2002), 1455 (2003), 1526 (2004), 1617 (2005), 1735
(2006), 1822 (2008), 1904 (2009), 1988 (2011) 1989 (2011), 2082 (2012), 2083
(2012), and 2133 (2014), 2161 (2014), 2178 (2014), 2195 (2014), 2199 (2015), and
2214 (2015) and 2253 (2015);
97. Directs the Committee to consider requests for information from States
and international organizations with ongoing judicial proceedings concerning
implementation of the measures imposed in paragraph 1 above, and to respond as
appropriate with additional information available to the Committee and the
Monitoring Team;
Monitoring Team
98. Decides, in order to assist the Committee in fulfilling its mandate, as well
as to support the Ombudsperson, to extend the mandate of the current New York -
based Monitoring Team and its members, established pursuant to paragraph 7 of
resolution 1526 (2004), for a further period of thirty months from the expiration of
its current mandate in December 2021, under the direction of the Committee with the
responsibilities outlined in annex I, and requests the Secretary-General to make the
necessary arrangements to this effect;
99. Directs the Monitoring Team, in its comprehensive, independent reports to
the Committee referred to in paragraph (a) of annex 1, to report on relevant thematic
and regional topics and developing trends as may be requested by the Security
Council or the Committee following the adoption of this resolution;
100. Encourages relevant United Nations Missions, within their existing
mandates, resources, and capabilities, to assist the Committee and the Monitoring
Team, such as through logistical support, security assistance, and exchange of
information in their work relevant to the threat by ISIL, Al-Qaida, and associated
individuals, groups, undertakings and entities in their respective areas of deployment;
101. Directs the Monitoring Team to identify, gather information on, and keep
the Committee informed of instances and common patterns of non-compliance with
the measures imposed in this resolution, as well as to facilitate, upon request by
Member States, assistance on capacity-building, requests the Monitoring Team to
work closely with State(s) of residence, nationality, location or incorporation,
designating States, other relevant States, and relevant United Nations Missions, and
further directs the Monitoring Team to provide recommendations to the Committee
on actions taken to respond to non-compliance;
102. Directs the Committee, with the assistance of its Monitoring Team, to hold
special meetings on important thematic or regional topics and Member States’
capacity challenges, in consultation, as appropriate, with the Counter Terrorism
Committee and CTED, UNOCT, and with the FATF to identify and prioritize areas
for the provision of technical assistance to enable more effective implementati on by
Member States;
103. Reiterates its call in 2462 (2019) for UNOCT, in close cooperation with
UNODC and in consultation with CTED, the Analytical Support and Sanctions
Monitoring Team and other Global Compact entities as well as international financial
institutions such as the International Monetary Fund (IMF) and the World Bank and
other stakeholders, including the FSRBs, to enhance coordination with the aim of
delivering integrated technical assistance on counter-terrorist financing measures,
including assistance that will improve the capacity of Member States, upon their
request, to implement this resolution;
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104. Requests the Analytical Support and Sanctions Monitoring Team to
provide the Committee established pursuant to resolutions 1267 (1999) and 1989
(2011) on a quarterly basis oral briefings on its analysis of global implementation of
resolutions 2199 (2015) and 2178 (2014) including gathered information and analysis
relevant to potential sanctions designations by Member States or Committee actions
that could be taken;
105. Recalls its request in paragraph 14 of resolution 2331 (2016) to the
Analytical Support and Sanctions Monitoring Team, when consulting with Member
States, to include in their discussions the issue of trafficking in persons in the areas
of armed conflict and the use of sexual violence in armed conflict as it relates to ISIL
(Da’esh), Al-Qaida and associated individuals, groups, undertakings and entities and
to report to the Committee on these discussions as appropriate;
ISIL Reporting
106. Emphasizing the threat posed to international peace and security by ISIL
and associated individuals, groups, undertakings, and entities, requests the Secretary-General to continue to provide strategic-level reports that demonstrate and reflect the
gravity of the aforementioned threat, including from foreign terrorist fighters joining
ISIL and associated groups and entities, foreign terrorist fighters returning to their
countries of origin, transiting through, traveling to or relocating to or from other
Member States, and the sources of financing of these groups and entities including
through illicit trade in petroleum, antiquities, and other natural resources, as well as
their planning and facilitation of attacks, any support to ISIL, Al-Qaida or any
individual included on the ISIL and Al-Qaida Sanctions List, and reflects the range
of United Nations efforts in support of Member States in countering this threat, the
next report to be provided by 31 January 2022 and then every six months thereafter,
with the input of CTED, in close collaboration with the Monitoring Team, UNOCT,
and other relevant United Nations actors;
Reviews
107. Decides to review the measures described in paragraph 1 above with a
view to their possible further strengthening in thirty months or sooner if necessary;
108. Decides to remain actively seized of the matter.
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Annex I
In accordance with paragraph 98 of this resolution, the Monitoring Team shall
operate under the direction of the Committee and shall have the following mandates
and responsibilities:
(a) To submit, in writing, comprehensive, independent reports to the
Committee, every six months, the first by 31 December 2021, on the following issues:
(i) implementation by Member States of the measures referred to in paragraph 1
of this resolution;
(ii) the global threat posed by ISIL, Al-Qaida, ANF, and associated
individuals, groups, undertakings, and entities, including (but not limited to) the
threat posed by the presence of ISIL and its affiliates in Iraq, the Syrian Arab
Republic, Libya, and Afghanistan and beyond, and the threats presented by
Boko Haram;
(iii) the impact of the measures in resolution 2199 (2015) and resolution 2253
(2015) including progress on implementation of these measures, unintended
consequences and unexpected challenges, as mandated in that resolutions in the
form of updates on each of the following subjects: petroleum and petroleum
products trade; trade in cultural property; kidnapping for ransom and external
donations; natural resources; the proceeds of crimes including trafficking in
persons, extortion and bank robbery direct or indirect supply; sale or transfer of
arms and related material of all types; as part of the impact assessment, pursuant
to paragraph 30 of resolution 2199 (2015);
(iv) the threat posed by foreign terrorist fighters recruited by or joining
Al-Qaida, ISIL, and all other associated groups, undertakings;
(v) any other issues that the Security Council or the Committee requests the
Monitoring Team to include in its comprehensive reports as set forth in
paragraph 99 of this resolution; and
(vi) specific recommendations related to improved implementation of relevant
sanctions measures, including those referred to in paragraph 1 of this resolution,
resolution 2178 (2014) resolution 2388 (2017), resolution 2396 (2017), and
possible new measures;
(b) To assist the Ombudsperson in carrying out his or her mandate as specified
in annex II of this resolution, including by providing updated information on those
individuals, groups, undertakings or entities seeking their removal from the ISIL
(Da’esh) & Al-Qaida Sanctions List;
(c) To assist the Committee in regularly reviewing names on the ISIL
(Da’esh) & Al-Qaida Sanctions List, including by undertaking travel on behalf of the
Committee, as a subsidiary organ of the Security Council and contact with Member
States, with a view to developing the Committee’s record of the fac ts and
circumstances relating to a listing;
(d) To assist the Committee in following up on requests to Member States for
information, including with respect to implementation of the measures referred to in
paragraph 1 of this resolution;
(e) To submit a comprehensive programme of work to the Committee for its
review and approval, as necessary, in which the Monitoring Team should detail the
activities envisaged in order to fulfil its responsibilities, including proposed travel,
based on close coordination with CTED and the 1540 Committee’s group of experts
to avoid duplication and reinforce synergies;
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(f) To work closely and share information with CTED and the 1540
Committee’s group of experts to identify areas of convergence and overlap and to
help facilitate concrete coordination, including in the area of reporting, among the
three Committees;
(g) To participate actively in and support all relevant activities under the
United Nations Global Counter-Terrorism Strategy including within the Counter-Terrorism Implementation Task Force, established to ensure overall coordination and
coherence in the counter-terrorism efforts of the United Nations system, in particular
through its relevant working groups;
(h) To gather information, on behalf of the Committee, on instances of
reported non-compliance with the measures referred to in paragraph 1 of this
resolution, including by collating information from all relevant sources, including
Member States, the private sector, and engaging with related parties, pursuing case
studies, both on its own initiative and upon the Committee’s request, and to provide
cases of noncompliance and recommendations to the Committee on actions to respond
to such cases of non-compliance for its review;
(i) To present to the Committee recommendations, which could be used by
Member States to assist them with the implementation of the measures referred to in
paragraph 1 of this resolution and in preparing proposed additions to the ISIL
(Da’esh) & Al-Qaida Sanctions List;
(j) To assist the Committee in its consideration of proposals for listing,
including by compiling and circulating to the Committee information relevant to the
proposed listing, and preparing a draft narrative summary referred to in paragraph 57
of this resolution;
(k) To consult with the Committee or any relevant Member States, as
appropriate, when identifying that certain individuals or entities should be added to,
or removed from, the ISIL (Da’esh) & Al-Qaida Sanctions List;
(l) To bring to the Committee’s attention new or noteworthy circumstances
that may warrant a delisting, such as publicly reported information on a deceased
individual;
(m) To consult with Member States in advance of travel to selected Member
States, based on its programme of work as approved by the Committee;
(n) To coordinate and cooperate with the national counter-terrorism focal
point or similar coordinating body in the state of visit where appropriate;
(o) To cooperate closely with relevant United Nations counter-terrorism
bodies in providing information on the measures taken by Member States on
kidnapping and hostage-taking for ransom by Al-Qaida, ISIL, and associated
individuals, groups, undertakings, and entities, and on relevant trends and
developments in this area;
(p) To encourage Member States to submit names and additional identifying
information for inclusion on the ISIL (Da’esh) & Al-Qaida Sanctions List, as
instructed by the Committee;
(q) To present to the Committee additional identifying and other information
to assist the Committee in its efforts to keep the ISIL (Da’esh) & Al-Qaida Sanctions
List as updated and accurate as possible;
(r) To encourage Member States to provide information to the Monitoring
Team that is relevant to the fulfilment of its mandate, as appropriate;
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(s) To study and report to the Committee on the changing nature of the threat
of Al-Qaida and ISIL, and the best measures to confront them, including by
developing, within existing resources, a dialogue with relevant scholars, academic
bodies and experts through an annual workshop and/or other appropriate means, in
consultation with the Committee;
(t) To collate, assess, monitor, report on, and make recommendations
regarding implementation of the measures, including implementation of the measure
in paragraph 1 of this resolution as it pertains to preventing the criminal misuse of
the Internet by ISIL, Al-Qaida, and associated individuals, groups, undertakings and
entities, which shall be included in the Monitoring Team’s regular report as outlined
in section (a) of this annex; to pursue case studies, as appropriate; and to explore in
depth any other relevant issues as directed by the Committee;
(u) To consult with Member States and other relevant organizations, including
the International Air Transport Association (IATA), the International Civil Aviation
Organization (ICAO), the World Customs Organization (WCO), INTE RPOL, the
FATF and its Global Network of FSRBs as well as the United Nations Educational,
Scientific and Cultural Organization (UNESCO), including regular dialogue with
representatives in New York and in capitals, taking into account their comments,
especially regarding any issues that might be reflected in the Monitoring Team’s
reports referred to in paragraph (a) of this annex, such as gaps and challenges in
States’ implementation of the measures in this resolution;
(v) To consult, in confidence, with Member States’ intelligence and security
services, including through regional forums, in order to facilitate the sharing of
information and to strengthen implementation of the measures;
(w) To consult with Member States, relevant representatives of the private
sector, including financial institutions and relevant non-financial businesses and
professions, and international and regional organizations, including FATF and its
Global Network of FSRBs, and civil society to promote awareness of, and enhanced
compliance with, and to learn about the practical implementation of the asset freeze
and to develop recommendations for the strengthening of the implementation of that
measure;
(x) To consult with Member States, relevant representatives of the private
sector and international and regional organizations, including ICAO, IATA, WCO and
INTERPOL, to promote awareness of, and enhanced compliance with, and to learn
about the practical implementation of the travel ban, including the use of advanced
passenger information provided by civil aircraft operators to Member States, and to
develop recommendations for the strengthening of the implementation of that
measure;
(y) To consult with Member States, relevant representatives of international
and regional organizations and the private sector, in coordination with national
authorities, as appropriate, to promote awareness of, enhance compliance with, and
to learn about the practical implementation of the arms embargo, with a particular
emphasis on measures to counter the use of improvised explosive devices (IEDs) by
listed individuals, groups, undertakings and entities and the procurement of related
components used to construct IEDs, in particular (but not limited to) trigger
mechanisms, explosive precursors, commercial grade explosives, detonators,
detonating cords, or poisons;
(z) To assist the Committee in facilitating assistance on capacity-building for
enhancing implementation of the measures, upon request by Member States;
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(aa) To work with INTERPOL and Member States to obtain photographs and,
in accordance with their national legislation, biometric information of listed
individuals for possible inclusion in INTERPOL-United Nations Security Council
Special Notices, to work with INTERPOL to ensure that INTERPOL-United Nations
Security Council Special Notices exist for all listed individuals, groups, undertakings,
and entities; and to further work with INTERPOL, as appropriate, to address possible
or confirmed cases of false or mistaken identity, with a view to repo rting to the
Committee on such instances and proposing any recommendations;
(bb) To assist other subsidiary bodies of the Security Council, and their expert
panels, upon request, with enhancing their cooperation with INTERPOL, referred to
in resolution 1699 (2006), and to work, in consultation with the Secretariat, to
standardize the format of all United Nations sanctions lists and the Consolidated
Sanctions List so as to facilitate implementation by national authorities;
(cc) To report to the Committee, on a regular basis or when the Committee so
requests, through oral and/or written briefings on the work of the Monitoring Team,
including its visits to Member States and its activities;
(dd) Any other responsibility identified by the Committee.
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Annex II
In accordance with paragraph 63 of this resolution, the Office of the
Ombudsperson shall be authorized to carry out the following tasks upon receipt of a
delisting request submitted by, or on behalf of, an individual, group, undertaking or
entity on the ISIL (Da’esh) & Al-Qaida Sanctions List or by the legal representative
or estate of such individual, group, undertaking or entity (“the petitioner”).
The Council recalls that Member States are not permitted to submit delisting
petitions on behalf of an individual, group, undertaking or entity to the Office of the
Ombudsperson.
Information gathering (four months)
1. Upon receipt of a delisting request, the Ombudsperson shall:
(a) Acknowledge to the petitioner the receipt of the delisting request;
(b) Inform the petitioner of the general procedure for processing delisting
requests;
(c) Answer specific questions from the petitioner about Committee
procedures;
(d) Inform the petitioner in case the petition fails to properly address the
original listing criteria, as set forth in paragraph 2 of this resolution, and return it to
the petitioner for his or her consideration; and
(e) Verify if the request is a new request or a repeated request and, if it is a
repeated request to the Ombudsperson and it does not contain relevant additional
information, return it to the petitioner, with an appropriate explanation, for his or her
consideration.
2. For delisting petitions not returned to the petitioner, the Ombudsperson shall
immediately forward the delisting request to the members of the Committee,
designating State(s), State(s) of residence and nationality or incorporation, relevant
United Nations bodies, and any other States deemed relevant by the Ombudsperson.
The Ombudsperson shall ask these States or relevant United Nations bodies to
provide, within four months, any appropriate additional information relevant to the
delisting request. The Ombudsperson may engage in dialogue with these States to
determine:
(a) These States’ opinions on whether the delisting request should be granted;
and
(b) Information, questions or requests for clarifications that these States
would like to be communicated to the petitioner regarding the delisting request,
including any information or steps that might be taken by a petitioner to clarify the
delisting request.
3. Where all designating States consulted by the Ombudsperson do not object to
the petitioner’s delisting, the Ombudsperson may shorten the information gathering
period, as appropriate.
4. The Ombudsperson shall also immediately forward the delisting request to the
Monitoring Team, which shall provide to the Ombudsperson, within four months:
(a) All information available to the Monitoring Team that is relevant to the
delisting request, including court decisions and proceedings, news reports, and
information that States or relevant international organizations have previously shared
with the Committee or the Monitoring Team;
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(b) Fact-based assessments of the information provided by the petitioner that
is relevant to the delisting request; and
(c) Questions or requests for clarifications that the Monitoring Team would
like asked of the petitioner regarding the delisting request.
5. At the end of this four-month period of information gathering, the
Ombudsperson shall present a written update to the Committee on progress to date,
including details regarding which States have supplied information, and any
significant challenges encountered therein. The Ombudsperson may extend this
period once for up to two months if he or she assesses that more time is required for
information gathering, giving due consideration to requests by Member States for
additional time to provide information.
Dialogue (two months)
6. Upon completion of the information gathering period, the Ombudsperson shall
facilitate a two-month period of engagement, which may include dialogue with the
petitioner. Giving due consideration to requests for additional time, the
Ombudsperson may extend this period once for up to two months if he or she assesses
that more time is required for engagement and the drafting of the Comprehensive
Report described in paragraph 8 below. The Ombudsperson may shorten this time
period if he or she assesses less time is required.
7. During this period of engagement, the Ombudsperson:
(a) May submit questions, either orally or in writing, to the petitioner, or
request additional information or clarifications that may help the Committee’s
consideration of the request, including any questions or information requests received
from relevant States, the Committee and the Monitoring Team;
(b) Should request from the petitioner a signed statement in which the
petitioner declares that they have no ongoing association with Al-Qaida, ISIL, or any
cell, affiliate, splinter group, or derivative thereof, and undertakes not to associate
with Al-Qaida or ISIL in the future;
(c) Should meet with the petitioner, to the extent possible;
(d) Shall forward replies from the petitioner back to relevant States, the
Committee and the Monitoring Team and follow up with the petitioner in connection
with incomplete responses by the petitioner;
(e) Shall coordinate with States, the Committee and the Monitoring Team
regarding any further inquiries of, or response to, the petitioner;
(f) During the information gathering or dialogue phase, the Ombudsperson
may share with relevant States information provided by a State, including that State’s
position on the delisting request, if the State which provided the information consents;
(g) In the course of the information gathering and dialogue phases and in the
preparation of the report, the Ombudsperson shall not disclose any information shared
by a state on a confidential basis, without the express written consent of that state;
and
(h) During the dialogue phase, the Ombudsperson shall give serious
consideration to the opinions of designating States, as well as other Member States
that come forward with relevant information, in particular those Member States most
affected by acts or associations that led to the original listing.
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8. Upon completion of the period of engagement described above, the
Ombudsperson, shall draft and circulate to the Committee a Comprehensive Report
that will exclusively:
(a) Summarize and, as appropriate, specify the sources of, all information
available to the Ombudsperson that is relevant to the delisting request. The report
shall respect confidential elements of Member States’ communications with the
Ombudsperson;
(b) Describe the Ombudsperson’s activities with respect to this delisting
request, including dialogue with the petitioner; and
(c) Based on an analysis of all the information available to the Ombudsperson
and the Ombudsperson’s recommendation, lay out for the Committee the principal
arguments concerning the delisting request. The recommendation should state the
Ombudsperson’s views with respect to the listing as of the time of the examination of
the delisting request.
Committee discussion
9. After the Committee has had fifteen days to review the Comprehensive Report
in all official languages of the United Nations, the Chair of the Committee shall place
the delisting request on the Committee’s agenda for consideration.
10. When the Committee considers the delisting request, the Ombudsperson, shal l
present the Comprehensive Report in person and answer Committee members’
questions regarding the request.
11. Committee consideration of the Comprehensive Report shall be completed no
later than thirty days from the date the Comprehensive Report is subm itted to the
Committee for its review.
12. After the Committee has completed its consideration of the Comprehensive
Report, the Ombudsperson may notify all relevant States of the recommendation.
13. Upon completion of the Comprehensive Report, the Ombudsperson will provide
a copy to those non-Security Council members who participated in the delisting
review process, along with a notification to such States confirming that:
(a) The Comprehensive Report reflects the basis for the Ombudsperson’s
recommendation and is not attributable to any individual Committee member; and
(b) The Comprehensive Report, and any information contained therein, should
be treated as strictly confidential and not shared with the petitioner or any other
Member State without the approval of the Committee.
14. Upon the request of a designating State, State of nationality, residence, or
incorporation, and with the approval of the Committee, the Ombudsperson may
provide a copy of the Comprehensive Report, with any redactions deemed necessary
by the Committee, to such States, along with a notification to such States confirming
that:
(a) All decisions to release information from the Ombudsperson’s
Comprehensive Reports, including the scope of information, are made by the
Committee at its discretion and on a case-by-case basis;
(b) The Comprehensive Report reflects the basis for the Ombudsperson’s
recommendation and is not attributable to any individual Committee member; and
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(c) The Comprehensive Report, and any information contained therein, should
be treated as strictly confidential and not shared with the petitioner or any other
Member State without the approval of the Committee.
15. In cases where the Ombudsperson recommends retaining the listing, the
requirement for States to take the measures in paragraph 1 of this resolution shall
remain in place with respect to that individual, group, undertaking or entity, unless a
Committee member submits a delisting request, which the Committee shall consider
under its normal consensus procedures.
16. In cases where the Ombudsperson recommends that the Committee consider
delisting, the requirement for States to take the measures described in paragraph 1 of
this resolution shall terminate with respect to that individual, group, undertaking or
entity 60 days after the Committee completes consideration of a Comprehensive
Report of the Ombudsperson, in accordance with this annex II, including paragraph 7
(h), unless the Committee decides by consensus before the end of that 60-day period
that the requirement shall remain in place with respect to that individual, group ,
undertaking or entity; provided that, in cases where consensus does not exist, the
Chair shall, on the request of a Committee Member, submit the question of whether
to delist that individual, group, undertaking or entity to the Security Council for a
decision within a period of 60 days; and provided further that, in the event of such a
request, the requirement for States to take the measures described in paragraph 1 of
this resolution shall remain in force for that period with respect to that individual,
group, undertaking or entity until the question is decided by the Security Council.
17. Following the conclusion of the process described in paragraphs 64 and 65 of
this resolution, the Committee shall convey, within 60 days, to the Ombudsperson,
whether the measures described in paragraph 1 are to be retained or terminated, and
approve an updated narrative summary of reasons for listing, where appropriate. In
cases where the Committee informs the Ombudsperson that it has followed his or her
recommendation, the Ombudsperson immediately informs the Petitioner of the
Committee’s decision and submits to the Committee, for its review, a summary of the
analysis contained in the Comprehensive Report. The Committee reviews the
summary within 30 days of the decision to retain or terminate the listing, and
communicates its views on the summary to the Ombudsperson. The purpose of the
Committee’s review is to address any security concerns, including to review if any
information confidential to the Committee is inadvertently included in the summary.
Following the Committee’s review, the Ombudsperson transmits the summary to the
Petitioner. The summary shall accurately describe the principal reasons for the
recommendation of the Ombudsperson, as reflected in the analysis of the
Ombudsperson. In his or her communication with the Petitioner, the Ombudsperson
will specify that the summary of the analysis does not reflect the views of the
Committee or of any of its members. In cases where the listing is retained, the
summary of the analysis shall cover all the arguments for delisting by the Petitioner
to which the Ombudsperson responded. In cases of delisting, the summary shall
include the key points of the analysis of the Ombudsperson. In cases where the
Committee informs the Ombudsperson that it has not followed his or her
recommendation or that the Chair has submitted the question to the Security Council
under paragraph 16 of this Annex, the Committee communicates to the
Ombudsperson, within 30 days of its decision or the Council’s decision, the reasons
for this decision for transmission to the Petitioner. These reasons shall respond to the
principal arguments of the Petitioner.
18. After the Ombudsperson receives the communication from the committee under
paragraph 17 of Annex II, if the measures in paragraph 1 are to be retained, the
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Ombudsperson shall send to the petitioner, with an advance copy sent to the
Committee, a letter that:
(a) Communicates the outcome of the petition;
(b) Describes, to the extent possible and drawing upon the Ombudsperson’s
Comprehensive Report, the process and publicly releasable factual information
gathered by the Ombudsperson; and
(c) Forwards from the Committee all information about the decision provided
to the Ombudsperson pursuant to paragraph 17 of Annex II above.
19. In all communications with the petitioner, the Ombudsperson shall respect the
confidentiality of Committee deliberations and confidential communications between
the Ombudsperson and Member States.
20. The Ombudsperson may notify the petitioner, as well as those States relevant to
a case but which are not members of the Committee, of the stage at which the process
has reached.
Other Office of the Ombudsperson Tasks
21. In addition to the tasks specified above, the Ombudsperson shall:
(a) Distribute publicly releasable information about Committee procedures,
including Committee Guidelines, fact sheets and other Committee-prepared
documents;
(b) Where address is known, notify individuals or entities about the status of
their listing, after the Secretariat has officially notified the Permanent Mission of the
State or States, pursuant to paragraph 82 of this resolution; and
(c) Submit biannual reports summarizing the activities of the Ombudsperson
to the Security Council.
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