Security Council

5609^th Meeting (AM)

REITERATING CONDEMNATION OF AL-QAIDA, TALIBAN, SECURITY COUNCIL APPROVES

WIDE-RANGING MEASURES TO ENHANCE IDENTIFICATION, CONTROL OF TERRORISTS

Resolution 1735 (2006) Adopted Unanimously

The Security Council, reiterating its unequivocal condemnation of Al-Qaida, Osama bin Laden and the Taliban for ongoing and multiple criminal terrorist acts, civilian deaths, property destruction and for greatly undermining stability, today adopted a wide-ranging resolution to enhance the identification of terrorists by tightening its listing and de-listing procedures and urging States to redouble efforts to freeze the terrorists’ funds, prevent their entry into or transit through their territories and ban the supply to them of weapons or ammunition.

Unanimously adopting resolution 1735 (2006) under Chapter VII of the United Nations Charter, the Council decided that, when proposing names to the Committee established pursuant to resolution 1267 (1999) for inclusion on the “Consolidated List”, States should, among other things, provide as much detail as possible on the basis(es) for the listing, including specific information supporting such a determination, and submit additional identifying information on the individuals and entities on the List, including updates on assets frozen and movements, as data became available.

The Council also encouraged States to submit to the Committee, for inclusion on the Consolidated List, names of individuals and entities participating in the financing or support of acts of Al-Qaida, Mr. Bin Laden and the Taliban and their associates by any means, including using proceeds derived from illicit cultivation, production and trafficking of narcotic drugs originating in Afghanistan, and their precursors.

In terms of de-listing, the Council decided that the Committee should continue to develop, adopt and apply guidelines regarding de-listing.  In determining whether to remove names from the Consolidated List, the Committee might consider, among other things, whether there had been a mistake of identity, whether the individual was deceased or whether the individual or entity had severed all association with Al-Qaida, Mr. Bin Laden, the Taliban and their supporters, including the individuals and entities on the Consolidated List.

Among the several provisions on exemptions, the Council decided to extend the period for consideration by the Committee of notifications submitted pursuant to paragraph 1(a) of resolution 1452 (2002), concerning the non-freezing of funds for such items as food, medicines, public utility payments and so forth, from 48 hours to three working days.

The Council also asked States to ensure that the most up-to-date version of the Consolidated List was promptly made available to relevant Government offices and other relevant bodies, particularly those offices responsible for the assets freeze and border control.

In a further decision, the Council extended the mandate of the New York-based Monitoring Team, appointed by the Secretary-General pursuant to resolution 1617 (2005), for a further period of 18 months, to assist the Committee in the fulfilment of its mandate.

Speaking in his national capacity after adoption of the resolution, Council President Nassir Abdulaziz Al-Nasser ( Qatar) said he had supported the resolution because of the need to combat terrorism, although he was extremely concerned about the wording of some of the preambular and operative paragraphs, particularly paragraph 32 of the text, which extended the mandate of the Monitoring Team.

He said that the resolution had gone beyond the established rules of procedure of the United Nations regarding the appointment of members of a monitoring group.  It had also exceeded the limits of cooperation, which should govern the selection of members of such a group.  That should be based on “perfect fairness”.  He had voiced his concern in various forums throughout the year about the professionalism of the Al-Qaida/Taliban Monitoring Team.  The expert group had not displayed the necessary professionalism and it lacked transparency, to the detriment of certain States, cultures and religions.

That “dangerous trend” had prevented it from considering issues relating to certain cultures and religions in a dispassionate manner, which did not serve the interest of justice and equity, but of certain States, he said.  He had drawn attention to his concern, but the group had not shown any urgency about improving its behaviour and acting more professionally, he said.  He called on it to improve its working methods, so as to become impartial, and he asked the Secretariat to take the necessary measures to remedy those shortcomings, because the group should not exceed the mandate given to it.  The resolution should not be a precedent for the appointment of experts to monitoring groups created by sanctions committees, as the most elementary rules for selecting experts, and the rules of procedure of the United Nations overall, had been flouted, he said.

The meeting began at 11 a.m. and adjourned at 11:08 a.m.

Resolution

The complete text of resolution 1735 (2006) reads as follows:

“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, 1455 (2003) of 17 January 2003, 1526 (2004) of 30 January 2004, 1566 (2004) of 8 October 2004, 1617 (2005) of 29 July 2005, 1624 (2005) of 14 September 2005, and 1699 (2006) of 8 August 2006, and the relevant statements of its President,

“Reaffirming that terrorism in all its 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 and by whomsoever committed; and reiterating its unequivocal condemnation of Al-Qaida, Osama bin Laden, the Taliban and other individuals, groups, undertakings, and entities associated with them, for ongoing and multiple criminal terrorist acts aimed at causing the death of innocent civilians and other victims, destruction of property and greatly undermining stability, 

“Expressing its deep concern about the increased violent and terrorist activities in Afghanistan of the Taliban and Al-Qaida, and other individuals, groups, undertakings, and entities associated with them,

“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, stressing in this regard the important role the United Nations plays in leading and coordinating this effort,

“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 dialogue between the Committee established pursuant to resolution 1267 (1999) (“the Committee”) and Member States is vital to the full implementation of the measures,

“Recognizing that one of the most effective means of dialogue between the Committee and Member States is through direct contact, including country visits,

“Welcoming the expanded cooperation with Interpol, including the establishment of “Interpol – UN Security Council Special Notices” and the passage of resolution 1699 (2006), and encouraging Member States to work in the framework of Interpol and other international and regional organizations in order to reinforce the implementation of the measures against Al-Qaida, Osama bin Laden and the Taliban, and other individuals, groups, undertakings and entities associated with them,

“Noting the need for robust implementation of the measures in paragraph 1 of this resolution as a significant tool in combating terrorist activity,

“Reiterating that the measures referred to in paragraph 1 below, are preventative in nature and are not reliant upon criminal standards set out under national law,

“Underscoring that, in giving effect to the measures in paragraph 1 of resolution 1617 (2005) and other relevant resolutions, full account is to be taken of the provisions regarding exemptions in paragraphs 1 and 2 of resolution 1452 (2002),

“Taking note of the Committee’s document on the arms embargo (SCA/2/06(20)), which is intended to be a useful tool to assist States in the implementation of the measures in paragraph 1(c) of this resolution,

“Expressing its deep concern about criminal misuse of the internet by Al-Qaida, Osama bin Laden and the Taliban, and other individuals, groups, undertakings and entities associated with them, in furtherance of terrorist acts,

“Noting with concern the changing nature of the threat presented by Al-Qaida, Osama bin Laden and the Taliban, and other individuals, groups, undertakings and entities associated with them, in particular the ways in which terrorist ideologies are promoted,

“Stressing the importance of meeting all aspects of the threat that Al-Qaida, Osama bin Laden and the Taliban, and other 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,

“Measures

“1.   Decides that all States shall take the measures as previously imposed by paragraph 4 (b) of resolution 1267 (1999), paragraph 8(c) of resolution 1333 (2000), paragraphs 1 and 2 of resolution 1390 (2002), with respect to Al-Qaida, Osama bin Laden 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 “Consolidated List”):

(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, or by their nationals or by 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 established pursuant to resolution 1267 (1999) (“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 material 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;

“2.   Reminds States of their obligation to freeze without delay the funds and other financial assets or economic resources pursuant to paragraph 1(a) of this resolution;

“3.   Confirms that the requirements in paragraph 1(a) of this resolution apply to economic resources of every kind;

“4.   Calls upon States to redouble their efforts to implement the measure in paragraph 1(b) and 1(c) of this resolution;

“Listing

“5.   Decides that, when proposing names to the Committee for inclusion on the Consolidated List, States shall act in accordance with paragraph 17 of resolution 1526 (2004) and paragraph 4 of resolution 1617 (2005) and provide a statement of case; the statement of case should provide as much detail as possible on the basis(es) for the listing , including: (i) specific information supporting a determination that the individual or entity meets the criteria above; (ii) the nature of the information  and (iii) supporting information or documents that can be provided; States should include details of any connection between the proposed designee and any currently listed individual or entity;

“6.   Requests designating States, at the time of submission, to identify those parts of the statement of case which may be publicly released for the purposes of notifying the listed individual or entity, and those parts which may be released upon request to interested States;

“7.   Calls upon States to use the cover sheet attached in Annex I when proposing names for the Consolidated List, in order to ensure clarity and consistency in requests for listing;

“8.   Directs the Committee to encourage the submission of names from Member States for inclusion on the Consolidated List; 

“9.   Directs the Committee to encourage States to submit additional identifying and other information on listed individuals and entities, including updates on assets frozen and the movement of listed individuals as such information becomes available;

“10.  Decides that the Secretariat shall, after publication but within two weeks after a name is added to the Consolidated List, notify the Permanent Mission of the country or countries where the individual or entity is believed to be located and, in the case of individuals, the country of which the person is a national (to the extent this information is known), and include with this notification a copy of the publicly releasable portion of the statement of case, a description of the effects of designation, as set forth in the relevant resolutions, the Committee’s procedures for considering delisting requests, and the provisions of resolution 1452 (2002);

“11.  Calls upon States receiving notification as in paragraph 10 to take reasonable steps according to their domestic laws and practices to notify or inform the listed individual or entity of the designation and to include with this notification a copy of the publicly releasable portion of the statement of case, a description of the effects of designation, as provided in the relevant resolutions, the Committee’s procedures for considering delisting requests, the provisions of resolution 1452 (2002);

“12.  Encourages States to submit to the Committee for inclusion on the Consolidated List names of individuals and entities participating in the financing or support of acts or activities of Al-Qaida, Osama bin Laden and the Taliban, and other individuals, groups, undertakings and entities associated with them, as described in paragraph 2 of resolution 1617 (2005), by any means, including but not limited to using proceeds derived from illicit cultivation, production, and trafficking of narcotic drugs originating in Afghanistan, and their precursors;

“Delisting

“13.  Decides that the Committee shall continue to develop, adopt, and apply guidelines regarding the de-listing of individuals and entities on the Consolidated List;

“14.  Decides that the Committee, in determining whether to remove names from the Consolidated List, may consider, among other things, (i) whether the individual or entity was placed on the Consolidated List due to a mistake of identity, or (ii) whether the individual or entity no longer meets the criteria set out in relevant resolutions, in particular resolution 1617 (2005); in making the evaluation in (ii) above, the Committee may consider, among other things, whether the individual is deceased, or whether it has been affirmatively shown that the individual or entity has severed all association, as defined in resolution 1617 (2005), with Al-Qaida, Osama bin Laden, the Taliban, and their supporters, including all individuals and entities on the Consolidated List;

“Exemptions

“15.  Decides to extend the period for consideration by the Committee of notifications submitted pursuant to paragraph 1(a) of resolution 1452 (2002) from 48 hours to 3 working days;

“16.  Reiterates that the Committee must make a negative decision on notifications submitted pursuant to paragraph 1(a) of resolution 1452 (2002), in order to prevent the release of funds and other financial assets or economic resources that have been determined by the notifying State(s) to be necessary for basic expenses;

“17.  Directs the Committee to review its guidelines with respect to the provisions of paragraph 1(a) of resolution 1452 (2002) as reiterated in paragraph 15 above;

“18.  Encourages States that submit requests to the Committee, pursuant to paragraph 1(b) of resolution 1452 (2002), to report in a timely way on the use of such funds, with a view to preventing such funds from being used to finance terrorism;

“Measures Implementation

“19.  Encourages States to identify, and if necessary introduce, adequate procedures to fully implement all aspects of the measures described in paragraph 1 of this resolution;

“20.  Stresses that the measures imposed by paragraph 1(a) of this resolution apply to all forms of financial resources, including but not limited to those used for the provision of Internet hosting or related services, used for the support of Al-Qaida, Osama bin Laden, and the Taliban and other individuals, groups, undertakings and entities associated with them;

“21.  Directs the Committee to identify possible cases of non-compliance with the measures pursuant to paragraph 1 above, and requests the Chairman, in his periodic reports to the Council pursuant to paragraph 31 below, to provide progress reports on the Committee’s work on this issue;

“22.  Requests States to ensure that the most up to date version of the Consolidated List is promptly made available to relevant Government offices and other relevant bodies, in particular, those offices responsible for the assets freeze and border control;

“23.  Requests the Secretary General to take the necessary steps to increase cooperation between the United Nations and relevant international and regional organisations, including Interpol, ICAO, IATA, and the WCO, in order to provide the Committee with better tools to fulfil its mandate more effectively and to give Member States better tools to implement the measures referred to in paragraph 1 of this resolution;

“Taliban

“24.  Encourages States to submit names of individuals and entities currently associated with the Taliban to the Committee for inclusion on the Consolidated List;

“25.  Directs the Committee to encourage States to provide additional identifying and other information on listed Taliban individuals and entities;

“26.  Directs the Committee to work, in accordance with its guidelines, to consider requests for inclusion on the Consolidated List, names of individuals and entities associated with the Taliban, and to consider petitions for the removal of listed members and/or associates of the Taliban who are no longer associated with the Taliban;

“Coordination

“27.  Reiterates the need for ongoing close cooperation and exchange of information among the Committee, the Counter Terrorism Committee (“CTC”), and the Committee established pursuant to resolution 1540 (2004), as well as their respective groups of experts, including enhanced information sharing, coordinated visits to countries, technical assistance, and other issues of relevance to all three committees;

“Outreach

“28.  Further reiterates the importance of having the Committee follow-up via oral and/or written communications with Member States regarding effective implementation of the sanctions measures;

“29.  Strongly encourages Member States to send representatives to meet the Committee for more in-depth discussion of relevant issues;

“30.  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), 1455 (2003), 1526 (2004) and 1617 (2005);

“31.  Requests the Committee to report orally, through its Chairman, at least every 180 days to the Council on the overall work of the Committee and the Analytical Support and Sanctions Monitoring Team (“Monitoring Team”), and, as appropriate, in conjunction with the reports by the Chairmen of the CTC and the Committee established pursuant to resolution 1540 (2004), including briefings for all interested Member States;

“Monitoring Team and Reviews

“32.  Decides, in order to assist the Committee in the fulfilment of its mandate, to extend the mandate of the current New York-based Monitoring Team, appointed by the Secretary-General pursuant to paragraph 20 of resolution 1617 (2005), for a further period of 18 months, under the direction of the Committee with the responsibilities outlined in Annex II, and requests the Secretary-General to make the necessary arrangements to this effect;

“33.  Decides to review the measures described in paragraph 1 of this resolution with a view to their possible further strengthening in 18 months, or sooner if necessary;

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

Resolution Annex I — Coversheet

CONSOLIDATED LIST: COVER SHEET FOR MEMBER STATE SUBMISSIONS TO THE COMMITTEE

Please complete as many of the following fields as possible:

I. IDENTIFIER INFORMATION — for Individuals
Where possible, note the nationality or cultural or ethnic sources of names/aliases. Provide all available spellings.			Surname/ Family Name/ Last Name		First Name	Additional name (e.g. father’s name or middle name), where applicable	Additional name (e.g. grandfather’s name), where applicable	Additional name, where applicable	Additional name, where applicable
Full Name: (in original and Latin script)
Aliases/“Also Known As” (A.K.A.s): Note whether it is a strong or weak alias.		Current
		Former
Other nom de guerre, pseudonym:						Title: Honorary, professional, or religious title
Employment/Occupation: Official title/position						Nationality/ Citizenship:
Date of Birth: (DD/MM/YYYY)						Passport Details: (Number, issuing date & country, expiry date)
Alternative Dates of Birth (if any): (DD/MM/YYYY)						National Identification Number(s), Type(s): (e.g. Identity card, Social Security)
Place of Birth: (provide all known details including city, region, province/state, country)						Address(es): (provide all known details, including street address, city, province/state, country)
Alternative Place(s) of Birth (if any): (city, region, province/state, country)						Previous Address(es): (provide all known details, including street address, city, province/state, country)
Gender:						Languages spoken:
Father’s full name:						Mother’s full name:
Current location:						Previous location(s):
Undertakings and entities owned or controlled, directly or indirectly by the individual (see UNSCR 1617 (2005), para. 3):
Website Addresses:
Other relevant detail:  (such as physical description, distinguishing marks and characteristics)
IDENTIFIER INFORMATION — For Groups, Undertakings, or Entities
Name:
Also Known As (A.K.A.s): Where possible, note whether it is a strong or weak A.K.A.				Now Known As (N.K.A.s)
				Formerly Known As (F.K.A.s)
Address(es): Headquarters and/or branches. Provide all known details, including street address, city, province/state, country
Tax Identification Number: (or local equivalent, type)
Other Identification Number and type:
Website Addresses:
Other Information
II. BASIS FOR LISTING May the Committee publicly release the following information?                     Yes          No May the Committee release the following information to Member States?         Yes          No             Complete one or more of the following:
	(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 Al-Qaida (AQ), Usama bin Laden (UBL), or the Taliban, or any cell, affiliate, splinter group or derivative thereof.1 ·      Name(s) of cell, affiliate, splinter group or derivate thereof:   ______________________________________________________________________________
	(b) supplying, selling or transferring arms and related materiel to AQ, UBL or the Taliban, or any cell, affiliate, splinter group or derivative thereof.1 ·      Name(s) of cell, affiliate, splinter group or derivate thereof:   ______________________________________________________________________________
	(c) recruiting for AQ, UBL or the Taliban, or any cell, affiliate, splinter group or derivative thereof.1 ·      Name(s) of cell, affiliate, splinter group or derivate thereof:   ______________________________________________________________________________
	(d) otherwise supporting acts or activities of AQ, UBL or the Taliban, or any cell, affiliate, splinter group or derivative thereof.1 ·      Name(s) of cell, affiliate, splinter group or derivate thereof:   ______________________________________________________________________________
	(e) Other association with AQ, UBL or the Taliban, or any cell, affiliate, splinter group or derivative thereof. ·      Briefly explain nature of association andprovide name of cell, affiliate, splinter group or derivate thereof:   ______________________________________________________________________________
	(f) Entity owned or controlled, directly or indirectly, by, or otherwise supporting, an individual or entity on the Consolidated List.2 ·      Name(s) of individual or entity on the Consolidated List: ______________________________________________________________________________
Please attach a Statement of the Case which should provide as much detail as possible on the basis(es) for listing indicated above, including: (1) specific information supporting the association or activities alleged; (2) the nature of the information (e.g., intelligence, law enforcement, judicial, media, admissions by subject, etc.) and (3) supporting information or documents that can be provided. Include details of any connection with a currently listed individual or entity.  Indicate what portion(s) of the Statement of Case the Committee may publicly release or release to Member States.

¹     S/RES/1617 (2005), para. 2.

²     S/RES/1617 (2005), para. 3.

III. POINT OF CONTACT The individual(s) below may serve as a point-of-contact for further questions on this case: (THIS INFORMATION SHALL REMAIN CONFIDENTIAL)

Name:                                                Position/Title:

Resolution Annex II

In accordance with paragraph 32 of this resolution, the Monitoring Team shall operate under the direction of the Committee established pursuant to resolution 1267 (1999) and shall have the following responsibilities:

a.    To collate, assess, monitor and report on and make recommendations regarding implementation of the measures, including implementation of the measures in paragraph 1(a) of this resolution as it pertains to preventing the criminal misuse of the Internet by Al-Qaida, Osama bin Laden, the Taliban, and other individuals, groups, undertakings, and entities associated with them, to pursue case studies, as appropriate; and to explore in depth any other relevant issues as directed by the Committee;

b.    To submit a comprehensive program 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 the CTC’s Executive Directorate (“CTED”) and the 1540 Committee’s group of experts to avoid duplication and reinforce synergies;

c.    To submit, in writing, two comprehensive, independent reports to the Committee, one by 30 September 2007 and the other by 31 March 2008, on implementation by States of the measures referred to in paragraph 1 of this resolution, including specific recommendations for improved implementation of the measures and possible new measures;

d.    To analyze reports submitted pursuant to paragraph 6 of resolution 1455 (2003), the checklists submitted pursuant to paragraph 10 of resolution 1617 (2005), and other information submitted by Member States to the Committee as instructed by the Committee;

e.    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;

f.    To assist the Committee with its analysis of non-compliance with the measures referred to in paragraph 1 of this resolution by collating information collected from Member States and submitting case studies, both on its own initiative and upon the Committee’s request, to the Committee for its review;

g.    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 Consolidated List;

h.    To consult with Member States in advance of travel to selected Member States, based on its program of work as approved by the Committee;

i.    To encourage Member States to submit names and additional identifying information for inclusion on the Consolidated List, as instructed by the Committee;

j.    To study and report to the Committee on the changing nature of the threat of Al-Qaida and the Taliban and the best measures to confront it, including by developing a dialogue with relevant scholars and academic bodies, in consultation with the Committee;

k.    To consult with Member States and other relevant organizations, including regular dialogue with representatives in New York and in capitals, taking into account their comments, especially regarding any issues that might be contained in the Monitoring Team’s reports referred to in paragraph c of this annex;

l.    To consult with Member States’ intelligence and security services, including through regional fora, in order to facilitate the sharing of information and to strengthen enforcement of the measures;

m.    To consult with relevant representatives of the private sector, including financial institutions, to learn about the practical implementation of the assets freeze and to develop recommendations for the strengthening of that measure;

n.    To work with relevant international and regional organizations in order to promote awareness of, and compliance with, the measures;

o.    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);

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