Sanctions Regime for Acts of Terrorism - S/RES/1989 (2011)

S/RES/1989 establishes new guidelines for sanctions that are established against Al-Qaeda members, it delineates the line between the sanctions against Taliban set under S/RES/1988 and these ones. The sanctions regime is set to counter terrorism in all its forms and manifestations and this resolution sets some changes related to the period after the death of Osama Bin Laden. The document contains two annexes, one that deals with the Monitoring Team that is established in the resolution and another one dealing with the Office of the Ombudsperson. There are detailed discussions related to the process of listing and de-listing individuals and entities as well as the reviewing process.



Preamble

The resolution initiates by recalling relevant resolutions, including S/RES/1988 and relevant Presidential statements, before moving on to reaffirm that terrorism is one of the most serious threats to peace and security and that it cannot be associated with any relation, nationality or civilization. It continues and point out to a Presidential Statement which notes that Osama Bin Laden is no longer able to perpetrate acts of terrorism and reaffirms the need to combat by all means the threats to international peace and security caused by terrorist acts. It then expresses concern with the increase in hostage-taking situations perpetrated by terrorist groups and stresses that there is a need for sustained and comprehensive approach to address terror.

The document moves on to emphasize that the sanctions are an important tool for the UN Charter and the need for robust implementation of the measures related to sanctions. It also urges all Member States to actively participate in maintaining and updating the list related to individuals under sanction and also remind the Committee to remove names that no longer meet the criteria for sanctions. It recognizes the challenges related to utilizing the measures related to sanctions and welcome the successful completion of the review of all names in the consolidated list of individuals under sanctions. There is also a welcoming of the established of the Office of the Ombudsperson and its role to improve fairness and transparency and points out that some of the measures are preventative in nature.

It also welcomes the second review of the UN counter-terrorism strategy and the continuing cooperation between the sanctions institutions and INTERPOL and other UN bodies. In this regard, it also recognizes the need to take measures to prevent and suppress the financing of terrorism and terrorist organizations and it notes with concern the continued threat posed to international peace and security by Al-Qaeda. The resolution still reaffirms the resolve to address all aspects of that threat and the importance of the work of the Sanctions Committee. The document also points out that there will be intersections between names under the conditions of this resolution and of S/RES/1988. The resolution acts under Chapter VII of the UN Charter.

Operative Clauses

The first clauses initiates by determining the measures that all States shall take under this document related to Al-Qaeda, which are the capacity to freeze funds; prevent the entry or transit of listed individuals; prevention of direct or indirect supply of arms and related materiel. The resolution also notes that the sanctions established related to Taliban are not governed by the resolution and it aims only at dealing with Al-Qaeda. It also directs the Committee to transmit all listing submissions and reaffirms acts or activities related to Al-Qaeda includes participating in the financing, planning, facilitate of acts or activities relate to them; supply of arms and materiel; and recruiting for the organization. It further reaffirms that any entity owned or controlled by listed individuals shall be eligible for designation and it confirms that the measures can apply to financial and economic resources of every kind, including the illicit cultivation and trafficking of narcotic drugs and the payment of ransoms.

The resolution still decides that the States may allow that funds be added to the accounts frozen and it encourages the States to review the procedures for exemptions and it directs the Committee to cooperate with other relevant UNSC Sanctions Committee, in particular S/RES/1988. The resolution moves to discussing procedures and requirements for listing individuals and entities and for that encourages all Member States to submit names for inclusion on the Sanctions List that should come with a detailed statement of case. In case of listing they discuss the sponsoring procedure that is required from the States and the standard form for listing and provisions of relevant information that ought to be accessible on the Committee’s website with a narrative summary of reasons for it. The resolution encourages Member States to inform the Committee of any relevant court decisions and for the members States to share any information related to it, as any available information related to listing requests.

The resolution calls for the Permanent Mission of the country where the listed individuals are believed to be located to be notified within three working days and that the States shall take all possible measures in their domestic legislation. The resolution moves on to discuss the process of delisting and the Ombudperson, whose office’s mandate is extended for a period of eighteen months and that it shall continue to receive requests from individuals and entities seeking to be removed from the Sanctions List. It also moves to decide that the requirement for States to take the measures to remain in place with respect to the individuals and it decides the importance of the consideration of the Comprehensive Report of the Ombudsperson. For that matter it requests the Secretary-General to strengthen the capacity of the office and that the States ought to provide all relevant information and to submit delisting petitions of the office that is to be decided by the Council. It also points out that there needs to be a consensus between and among all designating states and designating States allow the Ombudsperson to revel their identities as designating States.

The resolution moves on to encourage States to submit delisting requests for individuals and also encourage States when unfreezing assets to prevent these assets from being used for terrorist purposes. The document still calls upon the Committee members to provide their reasons for objecting to delisting requests and encourages all States to provide all information to the Committee’s review of delisting petitions. It also confirms that the Secretariat shall notify the Permanent Mission to take measures related to removed names. Afterwards, it moves to discuss review and maintenance of the Sanctions List and it encourages all States to submit to the Committee additional identifying and other information and to circulate a list of individuals being sanctioned every six months. It also points out that this revised every six months should explore elements of people that have deceased and organizations that have ceased to exist. It also directs the Committee to conduct an annual review of all names on the Sanctions List.

The resolution then moves to discuss implementation measures related to it and it reiterates the importance of all States to establish adequate procedures to implement fully all aspects of the measures described in this very resolution. It further directs the Committee to ensure that fair and clear procedures be in place to deal with names on the list and it ought to review its guidelines with to the provisions of this resolution. The resolution also encourage States to meet the Committee for in-depth discussion and requests the Committee to report to the Council on its findings and directs the Committee to identify possible cases of non-compliance. It also urges all States to ensure that passports are invalidated and removed from circulation and also that States share the information with the private sector. The document also confirms that no matter should be left pending before the Committee for longer than six months and encourages States to inform the Monitoring Team on dealings of national courts or legal authorities. It also requests the Committee to facilitate on capacity building to enhance implementation of the measures.

The resolution moves to discuss coordination and outreach efforts that are related to the sanctions operation and reiterates the need for ongoing cooperation among the Committee and other UNSC bodies. It also encourages the UN bodies to continue their joint activities and requests the Committee to consider to develop visits to selected countries and also requests the Committee to report orally at least every 180 days to Council. The resolution then moves to discuss the monitoring team and decides to extend the mandate of the current Monitoring Team for eighteen months and directs the team to review the Committee’s procedures. It further directs the Monitoring Team to keep the Committee informed of instances of non-compliance. The last section discusses reviewing points which are to take place in eighteen months and it decides to remain seized of the matter. The resolution still has two annexes, one related to the guidance of the Monitoring Team and the second one that deal with the Office of the Ombudsperson.