S/RES/2083 (2012)
Security Council Distr.: General
17 December 2012
12-65282 (E)
*1265282*
Resolution 2083 (2012)
Adopted by the Security Council at its 6890th meeting, on
17 December 2012
The Security Council,
Recalling 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), 1904 (2009),
1988 (2011), and 1989 (2011), 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
and other individuals, groups, undertakings and entities associated with it, for
ongoing and multiple criminal terrorist acts aimed at causing the deaths of innocent
civilians and other victims, destruction of property and greatly undermining
stability,
Reaffirming that terrorism cannot and should not be associated with any
religion, nationality or civilization,
Recalling the Presidential Statement of the Security Council (S/PRST/2012/17)
of 4 May 2012 on threats to international peace and security caused by terrorist acts,
Reaffirming the need to combat by all means, in accordance with the Charter
of the United Nations and international law, including applicable international
human rights, refugee and humanitarian 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,
Expressing concern at the increase in incidents of kidnapping and hostagetaking
by terrorist groups with the aim of raising funds, or gaining political
concessions, and reiterating the continued need for this issue to be addressed,
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,
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Emphasizing that sanctions are an important tool under the Charter of the
United Nations in the maintenance and restoration of international peace and
security, and stressing in this regard the need for robust implementation of the
measures in paragraph 1 of this resolution as a significant tool in combating terrorist
activity,
Urging all Member States to participate actively in maintaining and updating
the list created pursuant to resolutions 1267 (1999), 1333 (2000) and 1989 (2011)
(“the Al-Qaida Sanctions List”) by contributing additional information pertinent to
current listings, submitting delisting requests when appropriate, and by identifying
and nominating for listing additional individuals, groups, undertakings and entities
which should be subject to the measures referred to in paragraph 1 of this resolution,
Reminding the Committee established pursuant to resolutions 1267 (1999) and
1989 (2011) (“the Committee”) to remove expeditiously and on a case-by-case basis
individuals and entities that no longer meet the criteria for listing outlined in this
resolution,
Recognizing the challenges, both legal and otherwise, to the measures
implemented by Member States under paragraph 1 of this resolution, welcoming
improvements to the Committee’s procedures and the quality of the Al-Qaida
Sanctions List, and expressing its intent to continue efforts to ensure that procedures
are fair and clear,
Welcoming the establishment of the Office of the Ombudsperson pursuant to
resolution 1904 (2009) and the enhancement of the Ombudsperson’s mandate in
resolution 1989 (2011), noting the Office of the Ombudsperson’s significant
contribution in providing additional fairness and transparency, recalling the Security
Council’s firm commitment to ensuring that the Office of the Ombudsperson is able
to continue to carry out its role effectively, in accordance with its mandate, and
recalling also the Presidential Statement of the Security Council (S/PRST/2011/5)
of 28 February 2011,
Welcoming the Ombudsperson’s biannual reports to the Security Council,
including the reports submitted on 21 January 2011, 22 July 2011, 20 January 2012
and 30 July 2012,
Reiterating that the measures referred to in paragraph 1 of this resolution are
preventative in nature and are not reliant upon criminal standards set out under
national law,
Welcoming the third review in June 2012 by the General Assembly of the
United Nations Global Counter-Terrorism Strategy (A/RES/60/288) of 8 September
2006 and the creation of the Counter-Terrorism Implementation Task Force (CTITF)
to ensure overall coordination and coherence in the counter-terrorism efforts of the
United Nations system,
Welcoming the continuing cooperation between the Committee and
INTERPOL, the United Nations Office on Drugs and Crime, in particular on
technical assistance and capacity-building, and all other United Nations bodies, and
encouraging further engagement with the CTITF to ensure overall coordination and
coherence in the counter-terrorism efforts of the UN system,
Recognizing the need to take measures to prevent and suppress the financing of
terrorism and terrorist organizations, including from the proceeds of organized
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crime, inter alia, the illicit production and trafficking of drugs and their chemical
precursors, and the importance of continued international cooperation to that aim,
Noting with concern the continued threat posed to international peace and
security by Al-Qaida and other individuals, groups, undertakings and entities
associated with it, reaffirming its resolve to address all aspects of that threat,
Noting that, in some instances, certain individuals, groups, undertakings and
entities that meet the criteria for listing set forth in paragraph 3 of resolution 1988
(2011) or other relevant sanctions resolutions may also meet the criteria for listing
set forth in paragraph 4 of this resolution,
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 8 (c) of resolution 1333 (2000), paragraphs 1 and 2 of resolution 1390
(2002), and paragraphs 1 and 4 of resolution 1989 (2011), with respect to Al-Qaida
and other individuals, groups, undertakings and entities associated with them:
(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 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 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;
2. Reaffirms that acts or activities indicating that an individual, group,
undertaking or entity is associated with Al-Qaida include:
(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;
(b) Supplying, selling or transferring arms and related materiel to;
(c) Recruiting for; or otherwise supporting acts or activities of Al-Qaida or
any cell, affiliate, splinter group or derivative thereof;
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3. Confirms that any individual, group, undertaking or entity either owned
or controlled, directly or indirectly, by, or otherwise supporting, any individual,
group, undertaking or entity associated with Al-Qaida, including on the Al-Qaida
Sanctions List, shall be eligible for designation;
4. Confirms that the requirements in paragraph 1 (a) above apply to
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
Al-Qaida and other individuals, groups, undertakings or entities associated with it;
5. Notes that such means of financing or support include but are not limited
to the use of proceeds derived from crime, including the illicit cultivation,
production and trafficking of narcotic drugs and their precursors;
6. Confirms further that the requirements in paragraph 1 (a) above shall also
apply to the payment of ransoms to individuals, groups, undertakings or entities on
the Al-Qaida Sanctions List;
7. Decides that Member States may permit the addition to accounts frozen
pursuant to the provisions of paragraph 1 above of any payment in favour of listed
individuals, groups, undertakings or entities, provided that any such payments
continue to be subject to the provisions in paragraph 1 above and are frozen;
8. Encourages Member States to make use of the provisions regarding
available exemptions to the measures in paragraph 1 (a) above, set out in
paragraphs 1 and 2 of resolution 1452 (2002), as amended by resolution 1735
(2006), and authorizes the Focal Point mechanism established in resolution 1730
(2006) to receive exemption requests submitted by, or on behalf of, an individual,
group, undertaking or entity on the Al-Qaida Sanctions List, or by the legal
representative or estate of such individual, group, undertaking or entity, for
Committee consideration, as described in paragraph 37 below;
9. Directs the Committee to cooperate with other relevant Security Council
Sanctions Committees, in particular that established pursuant to resolution 1988
(2011);
Listing
10. Encourages all Member States to submit to the Committee for inclusion
on the Al-Qaida Sanctions List names of individuals, groups, undertakings and
entities participating, by any means, in the financing or support of acts or activities
of Al-Qaida, and other individuals, groups, undertakings and entities associated with
them, as described in paragraph 2 of resolution 1617 (2005) and reaffirmed in
paragraph 2 above;
11. Reaffirms that, when proposing names to the Committee for inclusion on
the Al-Qaida Sanctions List, Member States shall act in accordance with
paragraph 5 of resolution 1735 (2006) and paragraph 12 of resolution 1822 (2008),
and provide a statement of case, which should include detailed reasons on the
proposed basis for the listing, 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 14 below;
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12. Decides that Member States proposing a new designation, as well as
Member States that have proposed names for inclusion on the Al-Qaida Sanctions
List before the adoption of this resolution, shall specify if the Committee or the
Ombudsperson may not make known the Member State’s status as a designating
State;
13. Recalls its decision that Member States, when proposing names to the
Committee for inclusion on the Al-Qaida Sanctions List shall use the standard form
for listing, and provide the Committee with 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 Special Notice, and directs the Committee to update, as
necessary, the standard form for listing in accordance with the provisions of this
resolution; and further directs the Monitoring Team to report to the Committee on
further steps that could be taken to improve identifying information, as well as steps
to ensure that INTERPOL-UN Special Notices exist for all listed individuals,
groups, undertakings, and entities;
14. Welcomes efforts by the Committee, with the assistance of the Monitoring
Team and in coordination with the relevant designating States, to make accessible on
the Committee’s website, at the same time a name is added to the Al-Qaida Sanctions
List, a narrative summary of reasons for listing for the corresponding entry, and
directs the Committee, with the assistance of the Monitoring Team and in
coordination with the relevant designating States, to continue its efforts to make
accessible on the Committee’s website narrative summaries of reasons for all
listings;
15. Encourages Member States and relevant international organizations and
bodies to inform the Committee of any relevant court decisions and proceedings so
that the Committee can consider them when it reviews a corresponding listing or
updates a narrative summary of reasons for listing;
16. Calls upon all members of the Committee and the Monitoring Team to
share with the Committee any information they may have available regarding a
listing request from a Member State so that this information may help inform the
Committee’s decision on designation and provide additional material for the
narrative summary of reasons for listing described in paragraph 14;
17. Reaffirms that the Secretariat shall, after publication but within three
working days after a name is added to the Al-Qaida Sanctions 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), in accordance with
paragraph 10 of resolution 1735 (2006), requests the Secretariat to publish on the
Committee’s website all relevant publicly releasable information, including the
narrative summary of reasons for listing, immediately after a name is added to the
Al-Qaida Sanctions List, and highlights the importance of making the narrative
summary of reasons for listing available in all official languages of the United
Nations in a timely manner;
18. Reaffirms further the provisions in paragraph 17 of resolution 1822
(2008) regarding the requirement that Member States take all possible measures, in
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accordance with their domestic laws and practices, to notify or inform in a timely
manner the listed individual or entity of the designation and to include with this
notification the narrative summary of reasons for listing, a description of the effects
of designation, as provided in the relevant resolutions, the Committee’s procedures
for considering delisting requests, including the possibility of submitting such a
request to the Ombudsperson in accordance with paragraph 21 of resolution 1989
(2011) and annex II of this resolution, and the provisions of resolution 1452 (2002)
regarding available exemptions;
Delisting/Ombudsperson
19. Decides to extend the mandate of the Office of the Ombudsperson,
established by resolution 1904 (2009), as reflected in the procedures outlined in
annex II of this resolution, for a period of thirty months from the date of adoption of
this resolution, decides that the Ombudsperson shall continue to receive requests
from individuals, groups, undertakings or entities seeking to be removed from the
Al-Qaida Sanctions List in an independent and impartial manner and shall neither
seek nor receive instructions from any government, and decides that the
Ombudsperson shall present to the Committee observations and a recommendation
on the delisting of those individuals, groups, undertakings or entities that have
requested removal from the Al-Qaida Sanctions List through the Office of the
Ombudsperson, either a recommendation to retain the listing or a recommendation
that the Committee consider delisting;
20. Recalls its decision that the requirement for States to take the measures
described in paragraph 1 of this resolution shall remain in place with respect to that
individual, group, undertaking or entity, where the Ombudsperson recommends
retaining the listing in the Comprehensive Report of the Ombudsperson on a
delisting request pursuant to annex II;
21. Recalls its decision that the requirement for States to take the measures
described in paragraph 1 of this resolution shall terminate with respect to that
individual, group, undertaking or entity sixty days after the Committee completes
consideration of a Comprehensive Report of the Ombudsperson, in accordance with
annex II of this resolution, including paragraph 6 (h) thereof, where the
Ombudsperson recommends that the Committee consider delisting, unless the
Committee decides by consensus before the end of that sixty-day period that the
requirement shall remain in place with respect to that individual, group, undertaking
or entity; provided that, in cases where consensus does not exist, the Chair shall, on
the request of a Committee Member, submit the question of whether to delist that
individual, group, undertaking or entity to the Security Council for a decision within
a period of sixty days; and provided further that, in the event of such a request, the
requirement for States to take the measures described in paragraph 1 of this
resolution shall remain in force for that period with respect to that individual, group,
undertaking or entity until the question is decided by the Security Council;
22. Requests the Secretary-General to continue to strengthen the capacity of
the Office of the Ombudsperson by providing necessary resources, including for
translation services, as appropriate, to ensure its continued ability to carry out its
mandate in an effective and timely manner;
23. Strongly urges Member States to provide all relevant information to the
Ombudsperson, including any relevant confidential information, where appropriate,
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encourages Member States to provide relevant information in a timely manner,
welcomes those national arrangements entered into by Member States with the
Office of the Ombudsperson to facilitate the sharing of confidential information,
encourages Member States’ further cooperation in this regard, and confirms that the
Ombudsperson must comply with any confidentiality restrictions that are placed on
such information by Member States providing it;
24. Requests that Member States and relevant international organizations and
bodies encourage individuals and entities that are considering challenging or are
already in the process of challenging their listing through national and regional
courts to seek removal from the Al-Qaida Sanctions List by submitting delisting
petitions to the Office of the Ombudsperson;
25. Notes the Financial Action Task Force (FATF) international standards
and, inter alia, best practices relating to targeted financial sanctions, as referenced in
paragraph 44 of this resolution;
26. Recalls its decision that when the designating State submits a delisting
request, the requirement for States to take the measures described in paragraph 1 of
this resolution shall terminate with respect to that individual, group, undertaking or
entity after sixty days unless the Committee decides by consensus before the end of
that sixty-day period that the measures shall remain in place with respect to that
individual, group, undertaking or entity; provided that, in cases where consensus
does not exist, the Chair shall, on the request of a Committee Member, submit the
question of whether to delist that individual, group, undertaking or entity to the
Security Council for a decision within a period of sixty days; and provided further
that, in the event of such a request, the requirement for States to take the measures
described in paragraph 1 of this resolution shall remain in force for that period with
respect to that individual, group, undertaking or entity until the question is decided
by the Security Council;
27. Recalls its decision that, for purposes of submitting a delisting request in
paragraph 26, consensus must exist between or among all designating States in cases
where there are multiple designating States; and further recalls its decision that
co-sponsors of listing requests shall not be considered designating States for
purposes of paragraph 26;
28. Strongly urges designating States to allow the Ombudsperson to reveal
their identities as designating States, to those listed individuals and entities that have
submitted delisting petitions to the Ombudsperson;
29. Directs the Committee to continue to work, in accordance with its
guidelines, to consider delisting requests of Member States for the removal from the
Al-Qaida Sanctions List of individuals, groups, undertakings and entities that are
alleged to no longer meet the criteria established in the relevant resolutions, and set
out in paragraph 2 of the present resolution, which shall be placed on the
Committee’s agenda upon request of a member of the Committee, and strongly
urges Member States to provide reasons for submitting their delisting requests;
30. Encourages States to submit delisting requests for individuals that are
officially confirmed to be dead, particularly where no assets are identified, and for
entities reported or confirmed to have ceased to exist, while at the same time taking
all reasonable measures to ensure that the assets that had belonged to these
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individuals or entities have not been or will not be transferred or distributed to other
individuals, groups, undertakings and entities on the Al-Qaida Sanctions List;
31. Encourages Member States, when unfreezing the assets of a deceased
individual or an entity that is reported or confirmed to have ceased to exist as a
result of a delisting, to recall the obligations set forth in resolution 1373 (2001) and,
particularly, to prevent unfrozen assets from being used for terrorist purposes;
32. Decides that, prior to the unfreezing of any assets that have been frozen
as a result of the listing of Usama bin Laden, Member States shall submit to the
Committee a request to unfreeze such assets and shall provide assurances to the
Committee that the assets will not be transferred, directly or indirectly, to a listed
individual, group, undertaking or entity, or otherwise used for terrorist purposes in
line with Security Council resolution 1373 (2001), and decides further that such
assets may only be unfrozen in the absence of an objection by a Committee member
within thirty days of receiving the request, and stresses the exceptional nature of
this provision, which shall not be considered as establishing a precedent;
33. Calls upon the Committee when considering delisting requests to give
due consideration to the opinions of designating State(s), State(s) of residence,
nationality, location or incorporation, and other relevant States as determined by the
Committee, directs Committee members to provide their reasons for objecting to
delisting requests at the time the request is objected to, and calls upon the
Committee to share its reasons with relevant Member States and national and
regional courts and bodies, where appropriate;
34. Encourages all Member States, including designating States and States of
residence and nationality, to provide all information to the Committee relevant to
the Committee’s review of delisting petitions, and to meet with the Committee, if
requested, to convey their views on delisting requests, and further encourages the
Committee, where appropriate, to meet with representatives of national or regional
organizations and bodies that have relevant information on delisting petitions;
35. Confirms that the Secretariat shall, within 3 days after a name is removed
from the Al-Qaida Sanctions List, notify the Permanent Mission of the State(s) of
residence, nationality, location or incorporation (to the extent this information is
known), and decides that States receiving such notification shall 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;
Exemptions
36. Decides that, in cases in which the Ombudsperson is unable to interview
a petitioner in his or her state of residence, the Ombudsperson may request, with the
agreement of the petitioner, that the Committee consider granting an exemption to
the restriction on travel in paragraph 1 (b) of this resolution for the sole purpose of
allowing the petitioner to travel to another State to be interviewed by the
Ombudsperson for a period no longer than necessary to participate in this interview,
provided that all States of transit and destination do not object to such travel, and
further directs the Committee to notify the Ombudsperson of the Committee’s
decision;
37. Decides that the Focal Point mechanism established in resolution 1730
(2006) may:
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(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 State of residence, and decides 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 decides 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;
Review and maintenance of the Al-Qaida Sanctions List
38. Encourages all Member States, in particular designating States and States
of residence or nationality, to submit to the Committee additional identifying and
other information, along with supporting documentation, on listed individuals,
groups, undertakings and entities, including updates on the operating status of listed
entities, groups and undertakings, the movement, incarceration or death of listed
individuals and other significant events, as such information becomes available;
39. Requests the Monitoring Team to circulate to the Committee every six
months a list of individuals and entities on the Al-Qaida Sanctions List whose
entries lack identifiers necessary to ensure effective implementation of the measures
imposed upon them, and directs the Committee to review these listings to decide
whether they remain appropriate;
40. Reaffirms that the Monitoring Team should circulate to the Committee
every six months a list of individuals on the Al-Qaida Sanctions List who are
reportedly deceased, along with an assessment of relevant information such as the
certification of death, and to the extent possible, the status and location of frozen
assets and the names of any individuals or entities who would be in a position to
receive any unfrozen assets, directs the Committee to review these listings to decide
whether they remain appropriate, and calls upon the Committee to remove listings
of deceased individuals, where credible information regarding death is available;
41. Reaffirms that the Monitoring Team should circulate to the Committee
every six months a list of entities on the Al-Qaida Sanctions List that are reported or
confirmed to have ceased to exist, along with an assessment of any relevant
information, directs the Committee to review these listings to decide whether they
remain appropriate, and calls upon the Committee to remove such listings where
credible information is available;
42. Further directs the Committee, in light of the completion of the review
described in paragraph 25 of resolution 1822 (2008), to conduct an annual review of
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all names on the Al-Qaida Sanctions List that have not been reviewed in three or
more years (“the triennial review”), in which the relevant names are circulated to
the designating States and States of residence, nationality, location or incorporation,
where known, pursuant to the procedures set forth in the Committee guidelines, to
ensure the Al-Qaida Sanctions List is as updated and accurate as possible through
identifying listings that no longer remain appropriate and confirming listings that
remain appropriate, and notes that the Committee’s consideration of a delisting
request after the date of adoption of this resolution, pursuant to the procedures set
out in annex II of this resolution, should be considered equivalent to a review
conducted pursuant to paragraph 26 of resolution 1822 (2008);
Measures implementation
43. Reiterates the importance of all States identifying, and if necessary
introducing, adequate procedures to implement fully all aspects of the measures
described in paragraph 1 above; and recalling paragraph 7 of resolution 1617
(2005), strongly urges all Member States to implement the comprehensive
international standards embodied in the Financial Action Task Force’s (FATF)
revised Forty Recommendations on Combating Money Laundering and the
Financing of Terrorism and Proliferation, particularly Recommendation 6 on
targeted financial sanctions related to terrorism and terrorist financing;
44. Strongly urges Member States to apply the elements in FATF’s
Interpretive Note to Recommendation 6, and to take note of, inter alia, related best
practices for effective implementation of targeted financial sanctions related to
terrorism and terrorist financing, and takes note of the need to have appropriate
legal authorities and procedures to apply and enforce targeted financial sanctions
that are not conditional upon the existence of criminal proceedings, and to apply an
evidentiary standard of proof of “reasonable grounds” or “reasonable basis”, as well
as the ability to collect or solicit as much information as possible from all relevant
sources;
45. Directs the Committee to continue to ensure that fair and clear
procedures exist for placing individuals and entities on the Al-Qaida List and for
removing them as well as for granting exemptions per resolution 1452 (2002), and
directs the Committee to keep its guidelines under active review in support of these
objectives;
46. Directs the Committee, as a matter of priority, to review its guidelines
with respect to the provisions of this resolution, in particular paragraphs 8, 10, 12,
13, 19, 22, 23, 32, 36, 37, 59, 60, 61 and 62;
47. Encourages Member States, including through their permanent missions,
and relevant international organizations to meet the Committee for in-depth
discussion on any relevant issues;
48. Requests the Committee to report to the Council on its findings regarding
Member States’ implementation efforts, and identify and recommend steps
necessary to improve implementation;
49. Directs the Committee to identify possible cases of non-compliance with
the measures pursuant to paragraph 1 above and to determine the appropriate course
of action on each case, and requests the Chair, in periodic reports to the Council
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pursuant to paragraph 59 below, to provide progress reports on the Committee’s
work on this issue;
50. Urges all Member States, in their implementation of the measures set out
in paragraph 1 above, to ensure that fraudulent, counterfeit, stolen and lost passports
and other travel documents are invalidated and removed from circulation, in
accordance with domestic laws and practices, as soon as possible, and to share
information on those documents with other Member States through the INTERPOL
database;
51. Encourages Member States to share, in accordance with their domestic
laws and practices, with the private sector information in their national databases
related to fraudulent, counterfeit, stolen and lost identity or travel documents
pertaining to their own jurisdictions, and, if a listed party is found to be using a false
identity including to secure credit or fraudulent travel documents, to provide the
Committee with information in this regard;
52. Encourages Member States that issue travel documents to listed
individuals to note, as appropriate, that the bearer is subject to the travel ban and
corresponding exemption procedures;
53. Confirms that no matter should be left pending before the Committee for
a period longer than six months, unless the Committee determines on a case-by-case
basis that extraordinary circumstances require additional time for consideration, in
accordance with the Committee’s guidelines;
54. Encourages designating States to inform the Monitoring Team whether a
national court or other legal authority has reviewed an individual’s case and whether
any judicial proceedings have begun, and to include any other relevant information
when it submits its standard form for listing;
55. Requests the Committee to facilitate, through the Monitoring Team or
specialized United Nations agencies, assistance on capacity-building for enhancing
implementation of the measures, upon request by Member States;
Coordination and outreach
56. Reiterates the need to enhance ongoing cooperation 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 through, as appropriate, enhanced information-sharing, coordination on
visits to countries within their respective mandates, on facilitating and monitoring
technical assistance, on relations with international and regional organizations and
agencies and on other issues of relevance to all three committees, expresses its
intention to provide guidance to the committees on areas of common interest in
order better to coordinate their efforts and facilitate such cooperation, and requests
the Secretary-General to make the necessary arrangements for the groups to be
co-located as soon as possible;
57. Encourages the Monitoring Team and the United Nations Office on
Drugs and Crime, to continue their joint activities, in cooperation with the Counter-
Terrorism Executive Directorate (CTED) and 1540 Committee experts to assist
Member States in their efforts to comply with their obligations under the relevant
resolutions, including through organizing regional and subregional workshops;
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58. 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
1267 (1999), 1333 (2000), 1390 (2002), 1455 (2003), 1526 (2004), 1617 (2005),
1735 (2006), 1822 (2008), 1904 (2009) and 1989 (2011);
59. Requests the Committee to report orally, through its Chair, at least once
per year, to the Council on the state of the overall work of the Committee and the
Monitoring Team, and, as appropriate, in conjunction with the reports by the Chairs
of CTC and the Committee established pursuant to resolution 1540 (2004),
expresses its intention to hold informal consultations at least once per year on the
work of the Committee, on the basis of reports from the Chair to the Council, and
further requests the Chair to hold periodic briefings for all interested Member
States;
Monitoring Team
60. Decides, in order to assist the Committee in fulfilling its mandate, as
well as to support the Ombudsperson, to extend the mandate of the current New
York-based Monitoring Team and its members, established pursuant to paragraph 7
of resolution 1526 (2004), for a further period of thirty months, under the direction
of the Committee with the responsibilities outlined in annex I, and requests the
Secretary-General to make the necessary arrangements to this effect;
61. Directs the Monitoring Team to identify, gather information on, and keep
the Committee informed of instances and common patterns of non-compliance with
the measures imposed in this resolution, as well as to facilitate, upon request by
Member States, assistance on capacity-building, requests the Monitoring Team to
work closely with State(s) of residence, nationality, location or incorporation,
designating States and other relevant States, and further directs the Monitoring
Team to provide recommendations to the Committee on actions taken to respond to
non-compliance;
62. Directs the Committee, with the assistance of its Monitoring Team, to
hold special meetings on important thematic or regional topics and Member States’
capacity challenges, in consultation, as appropriate, with the 1373 Committee and
its Executive Directorate, CTITF, and with the Financial Action Task Force to
identify and prioritize areas for the provision of technical assistance to enable more
effective implementation by Member States;
Reviews
63. Decides to review the measures described in paragraph 1 above with a
view to their possible further strengthening in eighteen months, or sooner if
necessary;
64. Decides to remain actively seized of the matter.
S/RES/2083 (2012)
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Annex I
In accordance with paragraph 60 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 comprehensive, independent reports to the
Committee, one by 31 June 2013, and the second by 31 December 2013, on
implementation by Member 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;
(b) To assist the Ombudsperson in carrying out his or her mandate as
specified in annex II of this resolution, including by providing updated information
on those individuals, groups, undertakings or entities seeking their removal from the
Al-Qaida Sanctions List;
(c) To assist the Committee in regularly reviewing names on the Al-Qaida
Sanctions List, including by undertaking travel and contact with Member States,
with a view to developing the Committee’s record of the facts and circumstances
relating to a listing;
(d) To analyse 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 assist the Committee in following up on requests to Member States
for information, including with respect to implementation of the measures referred
to in paragraph 1 of this resolution;
(f) 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 CTED and the 1540 Committee’s group of experts
to avoid duplication and reinforce synergies;
(g) 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;
(h) To participate actively in and support all relevant activities under the
United Nations Global Counter-Terrorism Strategy including within the Counter-
Terrorism Implementation Task Force, established to ensure overall coordination
and coherence in the counter-terrorism efforts of the United Nations system, in
particular through its relevant working groups;
(i) To gather information, on behalf of the Committee, on instances of
reported non-compliance with the measures referred to in paragraph 1 of this
resolution, including by collating information collected from Member States and
engaging with suspected non-compliant parties, and submitting case studies, both on
its own initiative and upon the Committee’s request, to the Committee for its
review;
S/RES/2083 (2012)
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(j) 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 Al-Qaida
Sanctions List;
(k) To assist the Committee in its consideration of proposals for listing,
including by compiling and circulating to the Committee information relevant to the
proposed listing, and preparing a draft narrative summary referred to in paragraph 14;
(l) To bring to the Committee’s attention new or noteworthy circumstances
that may warrant a delisting, such as publicly-reported information on a deceased
individual;
(m) To consult with Member States in advance of travel to selected Member
States, based on its program of work as approved by the Committee;
(n) To coordinate and cooperate with the national counter-terrorism focal
point or similar coordinating body in the country of visit, where appropriate;
(o) To encourage Member States to submit names and additional identifying
information for inclusion on the Al-Qaida Sanctions List, as instructed by the
Committee;
(p) To present to the Committee additional identifying and other information
to assist the Committee in its efforts to keep the Al-Qaida Sanctions List as updated
and accurate as possible;
(q) To study and report to the Committee on the changing nature of the threat
of Al-Qaida and the best measures to confront it, including by developing a dialogue
with relevant scholars and academic bodies, in consultation with the Committee;
(r) To collate, assess, monitor and report on and make recommendations
regarding implementation of the measures, including implementation of the measure
in paragraph 1 (a) of this resolution as it pertains to preventing the criminal misuse
of the Internet by Al-Qaida, and other individuals, groups, undertakings and entities
associated with it; to pursue case studies, as appropriate; and to explore in depth any
other relevant issues as directed by the Committee;
(s) 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 (a) of this
annex;
(t) To consult with Member States’ intelligence and security services,
including through regional forums, in order to facilitate the sharing of information
and to strengthen enforcement of the measures;
(u) 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;
(v) To work with relevant international and regional organizations in order to
promote awareness of, and compliance with, the measures;
(w) To assist the Committee in facilitating assistance on capacity-building for
enhancing implementation of the measures, upon request by Member States;
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(x) To work with INTERPOL and Member States to obtain photographs of
listed individuals for possible inclusion in INTERPOL Special Notices, and to work
with INTERPOL to ensure that INTERPOL-UN Special Notices exist for all listed
individuals, groups, undertakings, and entities;
(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), and to work with the Secretariat to discuss measures to
standardize the format of all United Nations sanctions lists so as to facilitate
implementation by national authorities;
(z) 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 its visits to Member States and its activities;
(aa) To report periodically, as appropriate, to the Committee on linkages
between Al-Qaida and those individuals, groups, undertakings or entities eligible for
designation under paragraph 1 of resolution XXXX (2012) or any other relevant
sanctions resolutions; and
(bb) Any other responsibility identified by the Committee.
S/RES/2083 (2012)
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Annex II
In accordance with paragraph 19 of this resolution, the Office of the
Ombudsperson shall be authorized to carry out the following tasks upon receipt of a
delisting request submitted by, or on behalf of, an individual, group, undertaking or
entity on the Al-Qaida Sanctions List or by the legal representative or estate of such
individual, group, undertaking or entity (“the petitioner”).
The Council recalls that Member States are not permitted to submit delisting
petitions on behalf of an individual, group, undertaking or entity to the Office of the
Ombudsperson.
Information gathering (four months)
1. Upon receipt of a delisting request, the Ombudsperson shall:
(a) Acknowledge to the petitioner the receipt of the delisting request;
(b) Inform the petitioner of the general procedure for processing delisting
requests;
(c) Answer specific questions from the petitioner about Committee
procedures;
(d) Inform the petitioner in case the petition fails to properly address the
original designation criteria, as set forth in paragraph 2 of this resolution, and return
it to the petitioner for his or her consideration; and,
(e) Verify if the request is a new request or a repeated request and, if it is a
repeated request to the Ombudsperson and it does not contain any additional
information, return it to the petitioner for his or her consideration.
2. For delisting petitions not returned to the petitioner, the Ombudsperson shall
immediately forward the delisting request to the members of the Committee,
designating State(s), State(s) of residence and nationality or incorporation, relevant
United Nations bodies, and any other States deemed relevant by the Ombudsperson.
The Ombudsperson shall ask these States or relevant United Nations bodies to
provide, within four months, any appropriate additional information relevant to the
delisting request. The Ombudsperson may engage in dialogue with these States to
determine:
(a) These States’ opinions on whether the delisting request should be
granted; and
(b) Information, questions or requests for clarifications that these States
would like to be communicated to the petitioner regarding the delisting request,
including any information or steps that might be taken by a petitioner to clarify the
delisting request.
3. The Ombudsperson shall also immediately forward the delisting request to the
Monitoring Team, which shall provide to the Ombudsperson, within four months:
(a) All information available to the Monitoring Team that is relevant to the
delisting request, including court decisions and proceedings, news reports, and
information that States or relevant international organizations have previously
shared with the Committee or the Monitoring Team;
S/RES/2083 (2012)
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(b) Fact-based assessments of the information provided by the petitioner that
is relevant to the delisting request; and
(c) Questions or requests for clarifications that the Monitoring Team would
like asked of the petitioner regarding the delisting request.
4. At the end of this four-month period of information gathering, the
Ombudsperson shall present a written update to the Committee on progress to date,
including details regarding which States have supplied information, and any
significant challenges encountered therein. The Ombudsperson may extend this
period once for up to two months if he or she assesses that more time is required for
information gathering, giving due consideration to requests by Member States for
additional time to provide information.
Dialogue (two months)
5. Upon completion of the information gathering period, the Ombudsperson shall
facilitate a two-month period of engagement, which may include dialogue with the
petitioner. Giving due consideration to requests for additional time, the
Ombudsperson may extend this period once for up to two months if he or she
assesses that more time is required for engagement and the drafting of the
Comprehensive Report described in paragraph 7 below. The Ombudsperson may
shorten this time period if he or she assesses less time is required.
6. During this period of engagement, the Ombudsperson:
(a) May ask the petitioner questions or request additional information or
clarifications that may help the Committee’s consideration of the request, including
any questions or information requests received from relevant States, the Committee
and the Monitoring Team;
(b) Should request from the petitioner a signed statement in which the
petitioner declares that they have no ongoing association with Al-Qaida, or any cell,
affiliate, splinter group, or derivative thereof, and undertakes not to associate with
Al-Qaida in the future;
(c) Should meet with the petitioner, to the extent possible;
(d) Shall forward replies from the petitioner back to relevant States, the
Committee and the Monitoring Team and follow up with the petitioner in connection
with incomplete responses by the petitioner;
(e) Shall coordinate with States, the Committee and the Monitoring Team
regarding any further inquiries of, or response to, the petitioner;
(f) During the information gathering or dialogue phase, the Ombudsperson
may share with relevant States information provided by a State, including that
State’s position on the delisting request, if the State which provided the information
consents;
(g) In the course of the information gathering and dialogue phases and in the
preparation of the report, the Ombudsperson shall not disclose any information
shared by a state on a confidential basis, without the express written consent of that
state; and,
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(h) During the dialogue phase, the Ombudsperson shall give serious
consideration to the opinions of designating states, as well as other Member States
that come forward with relevant information, in particular those Member States
most affected by acts or associations that led to the original designation.
7. Upon completion of the period of engagement described above, the
Ombudsperson, with the help of the Monitoring Team, shall draft and circulate to
the Committee a Comprehensive Report that will exclusively:
(a) Summarize and, as appropriate, specify the sources of, all information
available to the Ombudsperson that is relevant to the delisting request. The report
shall respect confidential elements of Member States’ communications with the
Ombudsperson;
(b) Describe the Ombudsperson’s activities with respect to this delisting
request, including dialogue with the petitioner; and
(c) Based on an analysis of all the information available to the
Ombudsperson and the Ombudsperson’s recommendation, lay out for the Committee
the principal arguments concerning the delisting request. The recommendation
should state the Ombudsperson’s views with respect to the listing as of the time of
the examination of the delisting request.
Committee discussion
8. After the Committee has had fifteen days to review the Comprehensive Report
in all official languages of the United Nations, the Chair of the Committee shall
place the delisting request on the Committee’s agenda for consideration.
9. When the Committee considers the delisting request, the Ombudsperson, aided
by the Monitoring Team, as appropriate, shall present the Comprehensive Report in
person and answer Committee members’ questions regarding the request.
10. Committee consideration of the Comprehensive Report shall be completed no
later than thirty days from the date the Comprehensive Report is submitted to the
Committee for its review.
11. After the Committee has completed its consideration of the Comprehensive
Report, the Ombudsperson may notify all relevant States of the recommendation.
12. In cases where the Ombudsperson recommends retaining the listing, the
requirement for States to take the measures in paragraph 1 of this resolution shall
remain in place with respect to that individual, group, undertaking or entity, unless a
Committee member submits a delisting request, which the Committee shall consider
under its normal consensus procedures.
13. In cases where the Ombudsperson recommends that the Committee consider
delisting, the requirement for States to take the measures described in paragraph 1 of
this resolution shall terminate with respect to that individual, group, undertaking or
entity sixty days after the Committee completes consideration of a Comprehensive
Report of the Ombudsperson, in accordance with this annex II, including
paragraph 6 (h), unless the Committee decides by consensus before the end of that
sixty-day period that the requirement shall remain in place with respect to that
individual, group, undertaking or entity; provided that, in cases where consensus
does not exist, the Chair shall, on the request of a Committee Member, submit the
S/RES/2083 (2012)
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question of whether to delist that individual, group, undertaking or entity to the
Security Council for a decision within a period of sixty days; and provided further
that, in the event of such a request, the requirement for States to take the measures
described in paragraph 1 of this resolution shall remain in force for that period with
respect to that individual, group, undertaking or entity until the question is decided
by the Security Council.
14. After the Committee decides to accept or reject the delisting request, the
Committee shall convey to the Ombudsperson its decision, setting out its reasons,
and including any further relevant information about the Committee’s decision, and
an updated narrative summary of reasons for listing, where appropriate, for the
Ombudsperson to transmit to the petitioner.
15. After the Committee has informed the Ombudsperson that the Committee has
rejected a delisting request, then the Ombudsperson shall send to the petitioner, with
an advance copy sent to the Committee, within fifteen days a letter that:
(a) Communicates the Committee’s decision for continued listing;
(b) Describes, to the extent possible and drawing upon the Ombudsperson’s
Comprehensive Report, the process and publicly releasable factual information
gathered by the Ombudsperson; and
(c) Forwards from the Committee all information about the decision
provided to the Ombudsperson pursuant to paragraph 14 above.
16. In all communications with the petitioner, the Ombudsperson shall respect the
confidentiality of Committee deliberations and confidential communications
between the Ombudsperson and Member States.
17. The Ombudsperson may notify the petitioner, as well as those States relevant
to a case but which are not members of the Committee, of the stage at which the
process has reached.
Other Office of the Ombudsperson Tasks
18. In addition to the tasks specified above, the Ombudsperson shall:
(a) Distribute publicly releasable information about Committee procedures,
including Committee Guidelines, fact sheets and other Committee-prepared
documents;
(b) Where address is known, notify individuals or entities about the status of
their listing, after the Secretariat has officially notified the Permanent Mission of the
State or States, pursuant to paragraph 17 of this resolution; and
(c) Submit biannual reports summarizing the activities of the Ombudsperson
to the Security Council.
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