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Resolution 1844

The situation in Somalia

Abstract

S/RES/1844 (2008)
Security Council Distr.: General
20 November 2008
08-61131 (E)
*0861131*
Resolution 1844 (2008)
Adopted by the Security Council at its 6019th meeting, on
20 November 2008
The Security Council,
Recalling its previous resolutions concerning the situation in Somalia, in
particular resolution 733 (1992), resolution 751 (1992), resolution 1356 (2001),
resolution 1425 (2002), resolution 1519 (2003), resolution 1676 (2006), resolution
1725 (2006), resolution 1744 (2007), resolution 1772 (2007), resolution 1801
(2008), resolution 1811 (2008), and resolution 1814 (2008), and the statements of its
President, in particular those of 13 July 2006 (S/PRST/2006/31), 22 December 2006
(S/PRST/2006/59), 30 April 2007 (S/PRST/2007/13), and 14 June 2007
(S/PRST/2007/19), and recalling also its resolution 1730 (2006) on general issues
relating to sanctions,
Reaffirming its respect for the sovereignty, territorial integrity, political
independence and unity of Somalia,
Underlining the importance of providing and maintaining stability and security
throughout Somalia,
Reaffirming its condemnation of all acts of violence in Somalia and incitement
to violence inside Somalia, and expressing its concern at all acts intended to prevent
or block a peaceful political process,
Expressing its grave concern over the recent increase in acts of piracy and
armed robbery at sea against vessels off the coast of Somalia, and noting the role
piracy may play in financing embargo violations by armed groups, as described in
the statement of 9 October 2008 by the Chairman of the Committee established
pursuant to resolution 751 (1992) (hereinafter “the Committee”) to the Security
Council,
Emphasizing the continued contribution made to Somalia’s peace and security
by the arms embargo imposed by paragraph 5 of resolution 733 (1992), as
elaborated and amended by resolutions 1356 (2001), 1425 (2002), 1725 (2006),
1744 (2007) and 1772 (2007), and reiterating its demand that all Member States, in
particular those in the region, comply fully with the requirements of these
resolutions,
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Recalling its intention, outlined in paragraph 6 of resolution 1814 (2008), to
take measures against those who seek to prevent or block a peaceful political
process, or those who threaten the Transitional Federal Institutions (TFIs) of
Somalia or the African Union Mission in Somalia (AMISOM) by force, or take
action that undermines stability in Somalia or the region,
Further recalling its intention to strengthen the effectiveness of the United
Nations arms embargo on Somalia, outlined in paragraph 7 of resolution 1814
(2008), and to take measures against those who breach the arms embargo, and those
who support them in doing so,
Recalling also its request, outlined in paragraphs 6 and 7 of resolution 1814
(2008), to the Committee to provide recommendations on specific targeted measures
to be imposed against such individuals or entities,
Taking note of the letter of 1 August 2008 from the Vice-Chairman of the
Committee to the President of the Security Council,
Determining that the situation in Somalia continues to constitute a threat to
international peace and security in the region,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides that all Member States shall take the necessary measures to
prevent the entry into or transit through their territories of individuals designated by
the Committee pursuant to paragraph 8 below, provided that nothing in this
paragraph shall oblige a State to refuse its own nationals entry into its territory;
2. Decides that the measures imposed by paragraph 1 above shall not apply:
(a) where the Committee determines on a case-by-case basis that such travel
is justified on the grounds of humanitarian need, including religious obligation; or
(b) where the Committee determines on a case-by-case basis that an
exemption would otherwise further the objectives of peace and national
reconciliation in Somalia and stability in the region;
3. Decides that all Member States shall freeze without delay the funds,
other financial assets and economic resources which are on their territories, which
are owned or controlled, directly or indirectly, by the individuals or entities
designated by the Committee pursuant to paragraph 8 below, or by individuals or
entities acting on their behalf or at their direction, or by entities owned or controlled
by them, as designated by the Committee, and decides further that all Member
States shall ensure that any funds, financial assets or economic resources are
prevented from being made available by their nationals or by any individuals or
entities within their territories, to or for the benefit of such individuals or entities;
4. Decides that the measures imposed by paragraph 3 above do not apply to
funds, other financial assets or economic resources that have been determined by
relevant Member States:
(a) to be 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, in accordance with national laws, for routine holding or
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maintenance of frozen funds, other financial assets and economic resources, after
notification by the relevant State to the Committee of the intention to authorize,
where appropriate, access to such funds, other financial assets or economic
resources, and in the absence of a negative decision by the Committee within three
working days of such notification;
(b) to be necessary for extraordinary expenses, provided that such
determination has been notified by the relevant State or Member States to the
Committee and has been approved by the Committee; or
(c) to be the subject of a judicial, administrative or arbitral lien or
judgement, in which case the funds, other financial assets and economic resources
may be used to satisfy that lien or judgement provided that the lien or judgement
was entered into prior to the date of the present resolution, is not for the benefit of a
person or entity designated pursuant to paragraph 3 above, and has been notified by
the relevant State or Member States to the Committee;
5. Decides that Member States may permit the addition to the accounts
frozen pursuant to the provisions of paragraph 3 above of interests or other earnings
due on those accounts or payments due under contracts, agreements or obligations
that arose prior to the date on which those accounts became subject to the provisions
of this resolution, provided that any such interest, other earnings and payments
continue to be subject to these provisions and are frozen;
6. Reaffirms the general and complete arms embargo against Somalia
imposed by resolution 733 (1992), as elaborated and amended by resolutions 1356
(2001), 1425 (2002), 1725 (2006), 1744 (2007) and 1772 (2007);
7. Decides that all Member States shall take the necessary measures to
prevent the direct or indirect supply, sale or transfer of weapons and military
equipment and the direct or indirect supply of technical assistance or training,
financial and other assistance including investment, brokering or other financial
services, related to military activities or to the supply, sale, transfer, manufacture,
maintenance or use of weapons and military equipment, to the individuals or entities
designated by the Committee pursuant to paragraph 8 below;
8. Decides that the provisions of paragraphs 1, 3 and 7 above shall apply to
individuals, and that the provisions of 3 and 7 above shall apply to entities,
designated by the Committee;
(a) as engaging in or providing support for acts that threaten the peace,
security or stability of Somalia, including acts that threaten the Djibouti Agreement
of 18 August 2008 or the political process, or threaten the TFIs or AMISOM by
force;
(b) as having acted in violation of the general and complete arms embargo
reaffirmed in paragraph 6 above;
(c) as obstructing the delivery of humanitarian assistance to Somalia, or
access to, or distribution of, humanitarian assistance in Somalia;
9. Decides that the measures outlined in paragraphs 1, 3 and 7 above cease
to apply in respect of such individuals or entities if, and at such time as the
Committee removes them from the list of designated individuals and entities;
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10. Underlines the importance of co-ordination by the Committee with other
United Nations Sanctions Committees and with the Special Representative of the
Secretary-General;
11. Decides further to expand the mandate of the Committee as set out in
resolution 751(1992) to include the following tasks:
(a) to monitor, with the support of the Monitoring Group established
pursuant to resolution 1519 (2003), implementation of the measures imposed in
paragraphs 1, 3 and 7 above, in addition to the general and complete arms embargo
reaffirmed in paragraph 6 above;
(b) to seek from all Member States, in particular those in the region,
information regarding the actions taken by them to implement effectively the
measures imposed by paragraphs 1, 3 and 7 above and whatever further information
it may consider useful in this regard;
(c) to examine information regarding alleged violations of measures imposed
by paragraphs 1, 3 and 7 above, paragraph 5 of resolution 733 (1992) and
paragraphs 1 and 2 of resolution 1425 (2002), and take appropriate action if
necessary;
(d) to designate individuals and entities pursuant to paragraphs 3 and 8
above, upon the request of Member States as referred to in paragraph 12 below;
(e) to consider and decide upon requests for exemptions set out in
paragraphs 2 and 4 above;
(f) to review regularly the list of individuals and entities designated by the
Committee pursuant to paragraphs 3 and 8 above, with a view to keeping the list as
updated and accurate as possible and to confirm that listing remains appropriate, and
to encourage Member States to provide any additional information whenever such
information becomes available;
(g) to report at least every 120 days to the Security Council on its work and
on the implementation of this resolution, with its observations and
recommendations, in particular on ways to strengthen the effectiveness of the
measures imposed by paragraphs 1, 3 and 7 above;
(h) to identify possible cases of non-compliance with the measures pursuant
to paragraphs 1, 3, and 7 above and to determine the appropriate course of action on
each case, and requests the Chairman, in periodic reports to the Council pursuant to
paragraph 11 (g) above to provide progress reports on the Committee’s work on this
issue;
(i) to amend its existing guidelines to facilitate the implementation of the
measures imposed by this resolution and keep these guidelines under active review
as may be necessary;
Listing
12. Encourages Member States to submit to the Committee for inclusion on
its list of designees, names of individuals or entities who meet the criteria set out in
paragraph 8 above, as well as any entities owned or controlled, directly or indirectly,
by the submitted individuals or entities or individuals or entities acting on behalf of
or at the direction of the submitted entities;
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13. Decides that, when proposing names to the Committee for listing,
Member States shall provide a detailed statement of case, together with sufficient
identifying information to allow for the positive identification of individuals and
entities by Member States, and decides further that for each such proposal Member
States shall identify those parts of the statement of case that may be publicly
released, including for use by the Committee for development of the summary
described in paragraph 14 below or for the purpose of notifying or informing the
listed individual or entity, and those parts which may be released upon request to
interested States;
14. Directs the Committee in coordination with the relevant designating
States and with the assistance of the Monitoring Group, after a name is added to the
list, to make accessible on the Committee’s website a narrative summary of reasons
for listing;
15. Decides that the Secretariat shall, after publication but within one week
after a name is added to the list of individuals and entities, 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 to include with this notification a copy
of the publicly releasable portion of the statement of case, any information on
reasons for listing available on the Committee’s website, a description of the effects
of designation, the Committee’s procedures for considering delisting requests, and
the provisions regarding available exemptions;
16. Demands that Member States receiving notification as in paragraph 15
above take, in accordance with their domestic laws and practices, all possible
measures to notify or inform in a timely manner the listed individual or entity of the
designation, together with the information provided by the Secretariat as set out in
paragraph 15 above;
17. Encourages Member States receiving notification as in paragraph 15
above to inform the Committee on steps they have taken to implement the measures
set out in paragraphs 1, 3 and 7 above;
Delisting
18. Welcomes the establishment within the Secretariat of the Focal Point,
pursuant to resolution 1730 (2006), that provides listed individuals, groups,
undertakings or entities with the option to submit a petition for de-listing directly to
the Focal Point;
19. Urges designating States and States of citizenship and residence to
review de-listing petitions received through the Focal Point, in accordance with the
procedures outlined in the annex to resolution 1730 (2006), in a timely manner and
to indicate whether they support or oppose the request in order to facilitate the
Committee’s review;
20. Directs the Committee to consider requests, in accordance with its
guidelines, for the removal from the Committee’s list of designees those who no
longer meet the criteria pursuant to this resolution;
21. Decides that the Secretariat shall, within one week after a name is
removed from the Committee’s list of designees, notify the Permanent Mission of
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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 demands that States receiving such notification take
measures, in accordance with their domestic laws and practices, to notify or inform
the concerned individual or entity of the delisting in a timely manner;
22. Encourages the Committee to ensure that fair and clear procedures exist
for placing individuals and entities on the Committee’s list of designees and for
removing them as well as for granting humanitarian exemptions;
23. Decides that the mandate of the Monitoring Group, as set out in
paragraph 3 of resolution 1811 (2008) shall also include the tasks outlined below:
(a) to assist the Committee in monitoring implementation of this resolution
by providing any information on violations, of the measures imposed in paragraphs
1, 3 and 7 above, in addition to the general and complete arms embargo reaffirmed
in paragraph 6 above;
(b) to include in its reports to the Committee any information relevant to the
Committee’s designation of the individuals and entities described in paragraph 8
above;
(c) to assist the Committee in compiling narrative summaries referred to in
paragraph 14 above;
24. Reminds all Member States of their obligation to implement strictly the
measures imposed by this and all relevant resolutions;
25. Decides that all Member States shall report to the Committee within
120 days of the adoption of this resolution on the steps they have taken with a view
to implementing effectively paragraphs 1 to 7 above;
26. Decides to review the measures outlined in paragraphs 1, 3 and 7 above,
within 12 months;
27. Decides to remain actively seized of the matter.

Topics
Somalia
Year
2008
Title
The situation in Somalia
Related with resolutions
733 751 1356 1425 1519 1676 1725 1730 1744 1772 1801 1811 1814
Quoted in resolutions
1851 1853 1863 1872 1897 1907 1916 1918 1950 1972 1976 2002 2020 2023 2036 2060 2077 2093 2111 2125 2142 2182 2184 2244 2246 2316 2317 2370
Security Council Composition
CHN FRA RUS GBR USA BEL BFA CRI HRV IDN ITA LBY PAN VNM ZAF