Security Council: United Nations
Security Council: United Nations
Security Council: United Nations
United Nations
Security Council
Provisional
18 December 2015
Original: English
poses to Afghanistan, in particular its resolutions 1267 (1999), 1333 (2000), 1363
(2001), 1373 (2001), 1390 (2002), 1452 (2002), 1455 (2003), 1526 (2004), 1566
(2004), 1617 (2005), 1624 (2005), 1699 (2006), 1730 (2006), 1735 (2006), 1822
(2008), !904 (2009), 1988 (2011), 1989 (2011), 2082 (2012), 2083 (2012), 2133
(2014), and 2160 (2014) and the relevant statements of its President,
Recalling its previous resolutions extending through 17 March 2016 the
mandate of the United Nations Assistance Mission in Afghanistan (UNAMA) as
defined in resolution 2210 (2015),
Recalling its resolutions on the recruitment and use of children and armed
conflict, expressing its strong concern about the security situation in Afghanistan, in
particular the ongoing violent and terrorist activities by the Taliban, Al-Qaida, and
other violent and extremist groups, illegal armed groups, criminals and those
involved in the narcotics trade, and the strong links between terrorism and
insurgency activities and illicit drugs, resulting in threats to the local population,
including children, national security forces and international military and civilian
personnel,
Expressing concern at the increasing presence and future potential growth of
Welcoming the process by which Afghanistan and its regional and international
partners are entering into long-term strategic partnership and other agreements
aimed at achieving a peaceful, stable and prosperous Afghanistan,
Reaffirming its strong commitment to the sovereignty, independence,
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Recognizing that the security situation in Afghanistan has evolved and that
some members of the Taliban have reconciled with the Government of Afghanistan,
have rejected the terrorist ideology of A1-Qaida and its followers, and support a
peaceful resolution to the continuing conflict in Afghanistan,
Recognizing that, notwithstanding the evolution of the situation ha Afghanistan
and progress in reconciliation, the situation h Afghanistan remains a threat to
international peace and security, and reqf.firming the need to combat this threat by
all means, in accordance with the Charter of the United Nations and international
law, including applicable human rights, refugee and humanitarian law, stressing in
this regard the important role the United Nations plays in this ef:k)rt,
Emphasizing the need for a comprehensive approach to fully disrupt the
activities of the Taliban and recognizing the important role that this sanctions
regime can play in this regard,
Reiterating its firm commitment to support the Government of Afghanistan in
its efforts to advance the peace and reconciliation process, including by the High
Peace Council and tile implementation of the Afghanistan Peace and Reconciliation
Programme, in line with the Kabul Communiqud and the Bonn Conference
Conclusions, and within the framework of the Afghan Constitution and application
of the procedures introduced by the Security Council in its resolutions 1988 (2011),
2082 (2012), and 2160 (2014), as well as other relevant resolutions of the Council,
Welcoming the decision taken by some members of the Taliban to reconcile
with the Government of Afghanistan, to have no links to international terrorist
organizations, including A1-Qaida, to respect the constitution, including its human
rights provisions, notably the rights of women, and to support a peaceful resolution
to the continuing conflict in Afghanistan, and m2ging all those individuals, groups,
undertakings and entities associated with the Taliban in constituting a threat to the
peace, stability and security of Afghanistan, to accept tile Government of
Afghanistan's offer of reconciliation,
Emphasizing its serious concern about the security situation in Afghanistan, in
particular the ongoing violent and terrorist activities by the Taliban and associated
groups, including the Haqqani Network, and by Al-Qaida, and other violent and
extremist groups, illegal armed groups, criminals and those involved in terrorism
and the illicit brokering in arms and related material and arms trafficking in the
production, trafficking or trade of illicit drugs, and the strong links between
terrorism and insurgency activities and illicit drugs, resulting in threats to the local
population, including women, children, national security forces and international
to the Taliban,
Also expressing concern over the illicit flOW of small arms and light weapons
(SALW) into Afghanistan and emphasizing the need for enhancing control over the
transfer of SALW in this regard,
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effectively to ongoing efforts to combat the insurgency and support the Government
of Afghanistan's work to advance reconciliation in order to bring about peace,
support activities that threaten the peace, stability and security of Afghanistan,
Expressing its intention to give due regard to lifting sanctions on those who
reconcile,
Welcoming the briefings by the Afghan National Security Advisor and the
High Peace Council to the Committee in March 2015 as a sign of close, ongoing
cooperation between the Committee and the Government of Afghanistan and
encouraging further close cooperation in this regard,
Stressing the central and impartial role that the United Nations continues to
play in promoting peace, stability and security in Afghanistan, and expressing its
appreciation and strong support for the ongoing efforts of the Secretary-General and
his Special Representative for Afghanistan to assist the High Peace Council's peace
and reconciliation efforts,
Reiterating its support for the fight against illicit production and trafficking of
drugs from, and chemical precursors to, Afghanistan, in neighbouring countries,
countries on trafficking routes, drug destination countries and precursors producing
pose to the security and stability of Afghanistan and urges the Government of
Afghanistan with the support of the international community to continue to address
these threats,
Recalling its resolution 2133 (2014) and the publication by the Global
Counterterrorism Forum (GCTF) of the "Algiers Memorandum on Good Practices
on Preventing and Denying the Benefits of Kidnapping for Ransom by Terrorists",
strongly condemning incidents of 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, calling 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, and reqffi'rming the need for
all Member States to cooperate closely during incidents of kidnapping and hostagetaking committed by terrorist groups,
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Welcoming the efforts of the Secretariat to standardize the format of all United
Nations sanctions lists to facilitate implementation by national authorities, ,/urlher
welcoming the Secretariat's efforts to translate all list entries and narrative
summaries of reasons for listing available in all official anguages of the United
Nations, including making the Afghanistan/Taliban sanctions list available in Dari
and Pashtu,
1. Decides that atl States shall take the following measures with respect to
individuals and entities designated prior to the date of adoption of resolution 1988
(2011) as the Taliban, as well as other individuals, groups, undertakings and entities
associated with the Taliban in constituting a threat to the peace, stability and
security of Afghanistan as designated by the Committee established in paragraph 35
of resolution 1988 ("the Committee"), in the 1988 Sanction List, hereafter known as
"the List")":
(a) Freeze without delay the funds and other financial assets or economic
resources of these individuals, groups, undertakings and entities, including funds
or indirectly for such persons' benefit, by their nationals or by persons within their
territory;
(b) Prevent the entry into or transit through their territories of these
individuals, provided that nothing in this paragraph shall oblige any State to deny
entry or require the departure from its territories of its own nationals and this
paragraph shall not apply where entry or transit is necessary for the flfilment of a
judicial process or the Committee determines on a case-by-case basis only that entry
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;
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Notes that such means of financing or support include but are not limited
to the use of proceeds derived from crimes, including the illicit cultivation,
production and trafficking of narcotic drugs originating in and transiting through
Afghanistan, and trafficking of precursors into Afghanistan, and underscores the
need to prevent those associated with the Taliban in constituting a threat to the
peace, stability and security of Afghanistan from benefiting, directly or indirectly,
fi'om entities engaging in activities prohibited by this resolution, as well as the
illegal exploitation of natural resources in Afghanistan;
5. Confirms that the requirements in paragraph 1 (a) above apply to all
proposed uses of funds or other financial assets or economic resources in connection
with the travel of a listed individual, including costs incurred with respect to
transportation and lodging, and that such travel-related funds or other financial
assets or economic resources may only be provided in accordance with the
financial and economic resources of every kind, including but not limited to those
used for the provision of Internet hosting or related services, used for the support of
those on this List, as well as other individuals, groups, undertakings or entities
associated with the Taliban in constituting a threat to the peace, stability and
security of Afghanistan;
7. Confirms further that the requirements in paragraph 1 (a) above shall also
apply to the direct or indirect payment of ransoms to or for the benefit of
individuals, groups, undertakings or entities on the List, regardless of how or by
whom the ransom is paid;
8.
Decides that Member States may permit the addition to accounts frozen
listing requests of individuals and entities supporting the Taliban, and associated
individuals, groups, undertakings, and entities, including those who provide
financial support;
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entities on the List, as required by paragraph 1 (a), taking into account relevant
FATF Recommendations and international standards designed to prevent the abuse
of non-profit organizations, formal as well as informal/alternative remittance
systems and the physical trans-border movement of currency, while working to
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 List;
13. Decides that States, in order to prevent those associated with the Taliban
and other 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, or detonating cord,
shall undertake appropriate measures to promote the exercise of enhanced vigilance
military equipment and IED components to the Taliban and expresses serious
concern at the destabilizing impact of such weapons on the security and stability of
Afghanistan, and emphasizing the need for enhancing control over the transfer of
illicit SALW to in this regard, and further encourages Member States to share
information, establish partnerships, and develop national strategies and capabilities
to counter improvised explosive devices;
of listed individuals;
16. Encourages Member States to consult the List when considering travel
visa applications;
Exemptions
17. Recalls its decision that all Member States may make use of the
provisions set out in paragraphs 1 and 2 of resolution 1452 (2002), as amended by
resolution 1735 (2006), regarding available exemptions with regard to the measures
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in paragraph 1 (a), encourages their use by Member States, and notes that the Focal
below;
!8. Recalls its decision that the assets freeze measures outlined in paragraph
1 (a) do not apply to funds and other financial assets or economic resources that the
relevant State determines to be:
(a) necessary for basic expenses, including payment for foodstuffs, rent or
mortgage, medicines and medical treatment, taxes, insurance premiums, and public
such funds and approval of the Committee of the request within five working days
of the notification;
19. Underlines the importance of a comprehensive political process in
Afghanistan to support peace and reconciliation among all Afghans, invites the
Government of Afghanistan, in close coordination with the High Peace Council, to
submit for the Committee's consideration the names of listed individuals for whom
it confirms travel to such specified location or locations is necessary to participate
in meetings in support of peace and reconciliation, and requires such submissions to
20. Decides that the travel ban imposed by paragraph 1 (b) shall not apply to
individuals identified pursuant to paragraph 19 above, where the Committee
determines, on a case-by-case basis only, that such entry or transit is justified,
further decides that any such exemption approved by the Committee shall only be
granted for the requested period for any travel to the specified location or locations,
directs the Committee to decide on all such exemption requests, as well as on
requests to amend or renew previously granted exemptions, or on a request by any
Member State to revoke previously granted exemptions, within ten days of receiving
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them, and affh'ms that, notwithstanding any exemption from the travel ban, listed
individuals remain subject to the other measures outlined in paragraph l of this
resolution;
21. Requests the Government of Afghanistan, through the Monitoring Team,
to provide to the Committee, for its consideration and review, a report on each
individual's travel under a granted exemption, promptly upon the exemption's
expiration, and encourages relevant Member States to provide information to the
Committee, as appropriate, on any instances of non-compliance;
22. Decides' 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 Stae of residence, 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 Committee 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;
Listing
23. Encourages all Member States, in particular the Government of
the List, Member States shall use the standard form for listing and provide a
statement of case, which should include as detailed and specific reasons, as possible
on 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 INTERPOL-United Nations Security Council Special Notice, and decides further
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 26
below;
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further steps that could be taken to improve the quality of the 1988 Sanctions List,
including by improving identifying information, as well as steps to ensure that
1NTERPOL-United Nations Security Council Special Notices exist for all listed
individuals, groups, undertakings, and entities;
26. Directs tile Committee, with tile assistance of the Monitoring Team and
summary of reasons for listing that are as detailed and specific as possible, as well
as additional relevant information;
27. Calls upon all members of the Committee and the Monitoring Team to
share with the Committee any appropriate information they may have available
regarding a listing request from a Member Stale 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 26;
28. Requests the Secretariat to publish on the Committee's website all
relevant publicly releasable information, including the narrative summary of reasons
considering the proposal of a new listing to seek advice from UNAMA, where
appropriate;
30. Decides that the Committee shall, after publication but within three
working days after a name is added to the List, notify the Government of
Afghanistan, the Permanent Mission of Afghanistan, and the Permanent Mission of
the State(s) where the individual or entity is believed to be located and, in the case
of non-Afghan individuals or entities, the State(s) of which the person is be lieved to
be a national; and further decides that the relevant Member State(s) shall 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, and the provisions of resolution 1452
(2002), as amended by resolution 1735 (2006), regarding available exemptions;
DeHsting
31. Directs the Committee to remove expeditiously individuals and entities
on a case-by-case basis that no longer meet the listing criteria outlined in
paragraph 2 above, and requests that the Committee give due regard to requests for
removal of individuals who have reconciled, in accordance with the 20 July 2010
Kabul Conference Communiqu6 on dialogue for all those who renounce violence,
have no links to international terrorist organizations, including Al-Qaida, respect the
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constitution, including its human rights provisions, notably the rights of women, and
are willing to join in building a peaceful Ahanistan, and as further elaborated in
the principles and outcomes of the 5 December 2011 Bonn Conference Conclusions
supported by the Government of Afghanistan and the international community;
32. Strongly urges Member States to consult with tile Government of
efforts;
33. Recalls its decision that hdividuals and entities seeking removal from
the List without the sponsorship of a Member State are eligible to submit such
requests to the Focal Point mechanism established in resolution 1730 (2006);
34. Encourages UNAMA to support and facilitate cooperation between the
Government of Afghanistan and the Committee to ensure that the Committee has
State:
35. Urges the Committee, where appropriate, to invite a representative of the
report on the status of reportedly reconciled individuals who have been delisted by
the Committee in the previous year;
37. Directs the Committee to consider expeditiously any information
indicating that a delisted individual has returned to activities set forth in paragraph
2, including by engaging in acts inconsistent with paragraph 31 of this resolution,
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appropriate, to submit a request to add that individual's name back on the list;
38. Confirms that the Secretariat shall, as soon as possible after the
Committee has made a decision to remove a name fi'om the List, transmit the
notify the Permanent Mission of the State(s) in which the individual or entity is
believed to be located and, in the case of non-Afghan individuals or entities, the
State(s) of nationality, and recalls its decision that States receiving such notification
take measures, in accordance with domestic laws and practices, to notify or inform
39. Recognizes that the ongoing conflict in Afghanistan, and the urgency that
the Government of Afghanistan and the international community attach to a
list compiled in consultation with the respective designating States and States of
residence, in particular the Government of Afghanistan, as well as States of
nationality, location or incorporation, where known, of:
(c) Individuals on the List who are reportedly deceased, along with an
assessment of relevant information outlined in paragraph 34 (c) and to tile extent
possible, the status and location of fi'ozen assets and the names of any individuals or
entities who would be in a position to receive any unfrozen assets;
40. Directs the Committee to review whether these listings remain
appropriate, and fi4rlher directs the Committee to remove listings if it decides they
are no longer appropriate;
41. Requests the Monitoring Team to provide an overview of the current
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43. Urges the Committee to ensure that there are fair and clear procedures
for the conduct of its work, and directs the Committee to review its guidelines as
soon as possible, in particular with respect to paragraphs 17, 21, 32, 33, 34 and 35;
44. Encourages Member States and relevant international organizations to
send representatives to meet with the Committee to share information and discuss
any relevant issues;
45. Encourages all Member States, in particular designating States and
States of residence, nationality, location or incorporation, to submit to the
that its Chair, acting in his or her capacity as Chair, may submit names for removal
from the List, as appropriate and subject to the Committee's normal decision-
making procedures;
Cooperation with the Government of Afghanistan
48. Welcomes periodic briefings from the Government of Afghanistan on the
content of the list, as well as on the impact of targeted sanctions on deterring threats
UNAMA within its existing mandate, resources, and capacity to continue to provide
logistical support and security assistance to the Monitoring Team for its work in
Afghanistan;
50. Welcomes the Government of Afghanistan's desire to assist the
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Monitoring Team
51. Decides, in order to assist the Committee in fulfilling its mandate, that
the 1267/1989 Monitoring Team, established pursuant to paragraph 7 of resolution
1526 (2004), shall also support the Committee for a period of twenty-four months
from the date of expiration of the current mandate in December 2017, with the
mandate set forth in the annex to this resolution; and further reqests the Secretary-
General to make the necessary arrangements to this effect, and highlights the
importance of ensuring that the Monitoring Team receives the necessary
administrative and substantive support, to effectively, safely and in a timely manner
fulfil its mandate, including with regard to duty of care in high risk environments,
under the direction of the Committee, a subsidiary organ of the Security Council;
52. Directs the Monitoring Team to gather information on instances of
non-compliance with the measures imposed in this resolution and to keep the
Committee informed of such instances, as well as to facilitate, upon request by
Member States, assistance on capacity-building, encozrages Committee members to
address issues of non-compliance and bring them to the attention of the Monitoring
Team or the Committee, and 4rther directs the Monitoring Team to provide
recommendations to the Committee on actions taken to respond to non-compliance;
Coordination and Outreach
53. Recognizes the need to maintain contact with relevant United Nations
Security Council Committees, international organizations and expert groups,
Committee established pursuant to resolution 1540 (2004), and the Financial Action
Task Force (FATF), particularly given the continuing presence and negative
influence on the Afghan conflict by A1-Qaida, and any cell, affiliate, splinter group
or derivative thereof;
54. Encourages UNAMA to provide assistance to the High Peace Council, at
its request, to encourage listed individuals to reconcile;
55. 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 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.
56. Requests the Committee to report orally, through its Chair, once per year,
to the Council oil the state of the overall work of the Committee and the Monitoring
Team, and further requests the Chair to hold annual briefings for all interested
Member States;
Reviews
57. Decides to review tile implementation of the measures outlined in this
resolution in eighteen months and make adjustments, as necessary, to support peace
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Annex
In accordance with paragraph 51 of this resolution, the Monitoring Team shall
operate under the direction of the Committee and shall have the following
responsibilities:
(a) To submit, in writing, two annual comprehensive, independent reports to
the Committee, on implementation by Member States of the measures referred to in
resolution, including by, but not limited to, collating information from Member
States and engaging with related parties, pursuing case studies, both on its own
initiative and upon the Committee's request, and to provide recommendations to the
Committee on such cases of non-compliance for its review;
26 of this resolution;
(h) To bring to the Committee's attention new or noteworthy circumstances
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(1) To present to the Committee additional identifying and other information
to assist the Committee in its efforts to keep the List as updated and accurate as
possible;
(m) To collate, assess, monitor and report on and make recommendations
appropriate; and to explore in depth any other relevant issues as directed by the
Committee;
(n) To consult with Member States and other relevant organizations and
bodies, including UNAMA and other United Nations agencies, and engage in
regular dialogue with representatives in New York and in capitals, taking into
account their comments, especially regarding any issues that might be reflected in
the Monitoring Team's reports referred to in paragraph (a) of this annex;
(o) To cooperate closely with the United Nations Office on Drugs and Crime
(UNODC) and engage in a regular dialogue with Member States and other relevant
organizations, including the Shanghai Cooperation Organization, the Collective
Security Treaty Organization and the Combined Maritime Forces, on the nexus
between narcotics trafficking and those individuals, groups, undertakings, and
entities eligible for listing under paragraph 1 of this resolution, and report as
requested by the Committee;
(p) To provide an update report to the special report of the Monitoring Team
pursuant to resolution 2160 (2014) Annex (p), as part of its regular comprehensive
reports;
organizations, including the Financial Action Task Force (FATF) and its regional
bodies, to raise awareness of the sanctions and to assist in the implementation of the
measures in accordance with FATF Recommendation 6 on asset freezing and its
related guidance;
(u) To consult with the Government of Afghanistan, Member States, relevant
representatives of the private sector and other international organizations, including
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including the use of advanced passenger information provided by civil aircraft
operators to Member States, and assets freeze and to develop recommendations for
the strengthening of the implementation of these measures;
sector oll the threat posed by improvised explosive devices (1EDs) to peace, security
and stability in Afghanistan, to raise awareness of the threat and to develop, in line
with their responsibilities under annex (a), recommendations for appropriate
measures, to counter this threat;
(y) 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);
(z) To assist the Committee in facilitating assistance in capacity-building for
enhancing implementation of the measures, upon request by Member States;
academic bodies and experts according to the priorities identified by the Committee;
(cc) To gather information, including from the Government of Afghanistan
and relevant Member States, on travel that takes place under a granted exemption,
pursuant to paragraphs 19 and 20, and to report to the Committee, as appropriate;
and
(dd) Any other responsibility identified by the Committee.
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