SECURITY COUNCIL TIGHTENS SANCTIONS AGAINST USAMA BIN LADEN, AL-QAIDA, TALIBAN

Security Council

4908^th Meeting (Night)

SECURITY COUNCIL TIGHTENS SANCTIONS AGAINST USAMA BIN LADEN, AL-QAIDA, TALIBAN

Resolution 1526 (2004) Adopted Unanimously, Calls for Improving

Measures to Freeze Assets, Deny Entry or Transit, Prevent Weapons Transfer

The Security Council, acting under Chapter VII of the United Nations Charter, decided this evening to improve the world body’s sanctions regime against Usama bin Laden, members of Al-Qaida and the Taliban and other individuals and groups associated with them.

Unanimously adopting resolution 1526 (2004), the Council expanded the broad set of measures it had adopted in 1999, which required States to, among other things, freeze financial assets, including those controlled by the Taliban, and to ensure that they are not used by the group.  Countries were also obliged to freeze funds and other financial assets of Usama bin Laden and his associates in the Al-Qaida organization, and to prevent their entry or transit through the States’ territory.

The Council’s action this evening covers additional kinds of financial assets while setting up mechanisms to ensure implementation.  Under the wide-ranging text, the Council calls on States to not only freeze the economic resources and financial assets of Al-Qaida-connected individuals or groups, but those of “undertakings and entities, including funds derived from property owned or controlled, directly or indirectly by them...and ensure that neither those funds or any other financial assets...are made available, directly or indirectly for such person’s benefit, by their nationals or by any persons within their territory”.

The resolution also strengthens the regime’s measures aimed at preventing the entry into or transit through their territories of those individuals, as well as preventing the direct or indirect supply, sale or transfer to those individuals or groups of arms and related materiel of all types, including weapons, ammunition, military vehicles and equipment.  It also decided that those measures would be further improved in 18 months or sooner if necessary.

The text also strengthened the mandate of the Committee established pursuant to resolution 1267 (1999) to include a central role in assessing information regarding effective implementation of the measures described above and in recommending improvements to them.

By other terms of resolution 1526 (2004), the Council decided, in order to assist the Committee in the fulfilment of its mandate, to establish for a period of 18 months a New York-based Analytical Support and Sanctions Monitoring Team under the direction of the Committee with responsibilities annexed to the present text.

The Council requested the Secretary-General to appoint no more than eight members, including a coordinator, to the Committee with expertise related to the activities of the Al-Qaida organization and/or the Taliban, including:  counter-terrorism and related legislation; financing of terrorism and international financial transactions, including technical banking expertise; alternative remittance systems, charities and the use of couriers; border enforcement, including port security; arms embargoes and export controls; and drug trafficking.

Further by the text, the Council requested the Monitoring Team to submit three comprehensive independent reports to the Committee -- the first by 31 July 2004, the second by 15 December 2004 and the third by 30 June 2005 –- on implementation by States of the measures referred to in paragraph 1 of resolution 1267 (1999), including concrete recommendations or improved implementation of the measures and possible new measures.

The Council called upon States to move vigorously and decisively to cut the flows of funds and other financial assets and economic resources to individuals and entities associated with the Al-Qaida organization, Usama bin Laden and/or the Taliban, taking into account international codes and standards for combating the financing of terrorism, including those designed to prevent the abuse of non-profit organizations and informal/alternative remittance systems.

This evening’s meeting began at 6:48 p.m. and adjourned at 6:50 p.m.

Resolution

Following is the full text of Council resolution 1526 (2004):

“The Security Council,

“Recalling its resolutions 1267 (1999) of 15 October 1999, 1333 (2000) of 19 December 2000, 1363 (2001) of 30 July 2001, 1373 (2001) of 28 September 2001, 1390 (2002) of 16 January 2002, 1452 (2002) of 20 December 2002, and 1455 (2003) of 17 January 2003,

“Underlining the obligation placed upon all Member States to implement, in full, resolution 1373 (2001), including with regard to any member of the Taliban and the Al-Qaida organization, and any individuals, groups, undertakings and entities associated with the Taliban and the Al-Qaida organization, who have participated in the financing, planning, facilitating and preparation or perpetration of terrorist acts or in supporting terrorist acts, as well as to facilitate the implementation of counter-terrorism obligations in accordance with relevant Security Council resolutions,

“Reaffirming the need to combat by all means, in accordance with the Charter of the United Nations and international law, threats to international peace and security caused by terrorist acts,

“Noting that, in giving effect to the measures in paragraph 4 (b) of resolution 1267 (1999), paragraph 8 (c) of resolution 1333 (2000) and paragraphs 1 and 2 of resolution 1390 (2002), full account is to be taken of the provisions of paragraphs 1 and 2 of resolution 1452 (2002),

“Reiterating its condemnation of the Al-Qaida network and other associated terrorist groups for ongoing and multiple criminal terrorist acts, aimed at causing the deaths of innocent civilians, and other victims, and the destruction of property, and greatly undermining stability,

“Reiterating its unequivocal condemnation of all forms of terrorism and terrorist acts,

“Stressing to all States, international bodies, and regional organizations, the importance of ensuring that resources are committed, including through international partnership, to meet the ongoing threat the Al-Qaida organization and members of the Taliban, and any individuals, groups, undertakings and entities associated with them, represent to international peace and security,

“Acting under Chapter VII of the Charter of the United Nations,

“1.   Decides to improve, as set out in the following paragraphs of this resolution, the implementation of the measures imposed by paragraph 4 (b) of resolution 1267 (1999), paragraph 8 (c) of resolution 1333 (2000), and paragraphs 1 and 2 of resolution 1390 (2002) with respect to Usama bin Laden, members of the Al-Qaida organization and the Taliban and other individuals, groups, undertakings and entities associated with them, as referred to in the list created pursuant to resolutions 1267 (1999) and 1333 (2000) (the “Committee list”), namely to:

(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 any persons within their territory;

(b)   Prevent the entry into or the 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 fulfilment of a judicial process or the Committee determines on a case-by-case basis only that entry or transit is justified;

(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;

and recalls that all States shall implement the measures with respect to listed individuals and entities;

“2.   Decides to strengthen the mandate of the Committee established pursuant to resolution 1267 (1999) (“the Committee”) to include, in addition to the oversight of States’ implementation of the measures referred to in paragraph 1 above, a central role in assessing information for the Council’s review regarding effective implementation of the measures, as well as in recommending improvements to the measures;

“3.   Decides that the measures referred to in paragraph 1 above will be further improved in 18 months, or sooner if necessary;

“4.   Calls upon States to move vigorously and decisively to cut the flows of funds and other financial assets and economic resources to individuals and entities associated with the Al-Qaida organization, Usama bin Laden and/or the Taliban, taking into account, as appropriate, international codes and standards for combating the financing of terrorism, including those designed to prevent the abuse of non-profit organizations and informal/alternative remittance systems;

“5.   Urges all States and encourages regional organizations, as appropriate, to establish internal reporting requirements and procedures on the trans-border movement of currency based on applicable thresholds;

“6.   Decides, in order to assist the Committee in the fulfilment of its mandate, to establish for a period of 18 months a New York-based Analytical Support and Sanctions Monitoring Team (hereinafter referred to as “the Monitoring Team”) under the direction of the Committee with the responsibilities enumerated in the Annex to this resolution;

“7.   Requests the Secretary-General, upon adoption of this resolution and acting in close consultation with the Committee, to appoint, consistent with United Nations rules and procedures, no more than eight members, including a coordinator, of the Monitoring Team, who demonstrate one or more of the following areas of expertise related to activities of the Al-Qaida organization and/or the Taliban, including:  counter-terrorism and related legislation; financing of terrorism and international financial transactions, including technical banking expertise; alternative remittance systems, charities, and use of couriers; border enforcement, including port security; arms embargoes and export controls; and drug trafficking;

“8.   Further requests the Monitoring Team to submit, in writing, three comprehensive, independent reports to the Committee, the first by 31 July 2004, the second by 15 December 2004, and the third by 30 June 2005, on implementation by States of the measures referred to in paragraph 1 above, including concrete recommendations for improved implementation of the measures and possible new measures;

“9.   Requests the Secretary-General to provide cost-effective support, as needed by the Committee, in light of the increased workload entailed by this resolution;

“10.  Requests the Committee to consider, where and when appropriate, visits to selected countries by the Chairman 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 1267 (1999), 1333 (2000), 1390 (2002), and 1455 (2003);

“11.  Further requests the Committee to follow up via oral and/or written communications with States regarding effective implementation of the sanctions measures and to provide States with an opportunity, at the Committee’s request, to send representatives to meet with the Committee for more in-depth discussion of relevant issues;

“12.  Requests the Committee, through its Chairman, to report orally at least every 120 days to the Council in detail on the overall work of the Committee and the Team, including a summary of States’ progress in submitting the reports referred to in paragraph 6 of resolution 1455 (2003) and any follow-up communications with States regarding additional requests for information and assistance;

“13.  Further requests the Committee, based on its ongoing oversight of States’ implementation of the measures referred to in paragraph 1 above, to prepare and then to circulate within 17 months after the adoption of this resolution a written analytical assessment to the Council on implementation of the measures, including States’ successes and challenges in implementing them, with a view to recommending further measures for the Council’s consideration;

“14.  Requests all States, and encourages regional organizations, relevant United Nations bodies, and, as appropriate, other organizations and interested parties to cooperate fully with the Committee and the Monitoring Team, including supplying such information as may be sought by the Committee pursuant to this resolution and resolutions 1267 (1999), 1333 (2000), 1390 (2002), 1452 (2002) and 1455 (2003), to the extent possible;

“15.  Reiterates the need for close coordination and concrete exchange of information between the Committee and the Committee established pursuant to resolution 1373 (the “Counter-Terrorism Committee”);

“16.  Reiterates to all States the importance of proposing to the Committee the names of members of the Al-Qaida organization and the Taliban or associated with Usama bin Laden and other individuals, groups, undertakings and entities associated with them for inclusion in the Committee’s list, unless to do so would compromise investigations or enforcement actions;

“17.  Calls upon all States, when submitting new names to the Committee’s list, to include identifying information and background information, to the greatest extent possible, that demonstrates the individual(s)’ and/or entity(ies)’ association with Usama bin Laden or with members of the Al-Qaida organization and/or the Taliban, in line with the Committee’s guidelines;

“18.  Strongly encourages all States to inform, to the extent possible, individuals and entities included in the Committee’s list of the measures imposed on them, and of the Committee’s guidelines and resolution 1452 (2002);

“19.  Requests the Secretariat to communicate to Member States the Committee’s list at least every three months to facilitate States’ implementation of the measures on entry and travel imposed by paragraph 2 (b) of resolution 1390 (2002), and, further requests, that the Committee’s list, whenever amended, be automatically conveyed by the Secretariat to all States, regional and subregional organizations for inclusion, to the extent possible, of listed names in their respective electronic databases and relevant border enforcement and entry/exit tracking systems;

“20.  Reiterates the urgency for all States to comply with their existing obligations to implement the measures referred to in paragraph 1 above and to ensure that their domestic legislative enactments or administrative measures, as appropriate, permit the immediate implementation of those measures with respect to their nationals and other individuals or entities located or operating in their territory, and with respect to funds, other financial assets and economic resources over which they have jurisdiction, and to inform the Committee of the adoption of such measures, and invites States to report the results of all related investigations and enforcement actions to the Committee, unless to do so would compromise the investigation or enforcement actions;

“21.  Requests that the Committee seek from States, as appropriate, status reports on the implementation of the measures referred to in paragraph 1 above concerning listed individuals and entities, specifically with respect to the aggregate amounts of the listed individuals’ and entities’ frozen assets;

“22.  Requests all States that have not yet done so to submit to the Committee by 31 March 2004 the updated reports called for under paragraph 6 of resolution 1455 (2003), following as closely as possible the guidance document previously provided by the Committee; and further requests that all States that have not submitted these reports to explain in writing to the Committee by 31 March 2004 their reasons for non-reporting;

“23.  Requests the Committee to circulate to the Council a list of those States that have not submitted by 31 March 2004 reports pursuant to paragraph 6 of resolution 1455 (2003), including an analytical summary of the reasons put forward by States for non-reporting;

“24.  Urges all States and encourages relevant international, regional and subregional organizations to become more directly involved in capacity-building efforts and to offer technical assistance in areas identified by the Committee, in consultation with the Counter-Terrorism Committee;

“25.  Decides to remain actively seized of the matter.”

Annex

“In accordance with paragraph 6 of this resolution, the Analytical Support and Sanctions Monitoring Team shall operate under the direction of the Committee established pursuant to resolution 1267 (1999) and shall have the following responsibilities:

-- To collate, assess, monitor and report on and make recommendations regarding implementation of the measures; to pursue case studies, as appropriate; and to explore in depth any other relevant issues as directed by the Committee;

-- To submit a comprehensive programme of work to the Committee for its approval and review, as necessary, in which the Monitoring Team should detail the activities envisaged in order to fulfil its responsibilities, including proposed travel;

-- To analyse reports submitted pursuant to paragraph 6 of resolution 1455 (2003) and any subsequent written responses provided by States to the Committee;

-- To work closely and share information with Counter-Terrorism Committee experts to identify areas of convergence and to help facilitate concrete coordination between the two Committees;

-- To consult with States in advance of travel to selected States, based on its programme of work approved by the Committee;

-- To consult with States, including through engaging in regular dialogue with representatives in New York and in capitals, taking into account comments from States, especially regarding any issues that might be contained in the Monitoring Team’s reports referred to in paragraph 8 of this resolution;

-- 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 on its visits to States and its activities;

-- To assist the Committee in preparing its oral and written assessments to the Council, in particular the analytical summaries referred to in paragraphs 12 and 13 of this resolution;

-- Any other responsibility identified by the Committee.”

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