Abstract
Resolution 2665 (2022)
Adopted by the Security Council at its 9222nd meeting, on 16 December 2022
The Security Council,
Recalling its previous resolutions on international terrorism and the threat it poses to Afghanistan, in particular its resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1373 (2001), 1390 (2002), 1452 (2002), 1455 (2003), 1526 (2004), 1566 (2004), 1617 (2005), 1624 (2005), 1699 (2006), 1730 (2006), 1735 (2006), 1822 (2008), 1904 (2009), 1988 (2011), 1989 (2011), 2082 (2012), 2… [read more]083 (2012), 2133 (2014), 2160 (2014), 2255 (2015), 2501 (2019), 2513 (2020), 2557 (2020), 2596 (2021), 2611 (2021), and 2615 (2021) and the relevant statements of its President,
Reaffirming its strong commitment to the sovereignty, independence, territorial integrity and national unity of Afghanistan, as well as its continued support for the people of Afghanistan,
Reaffirming its support for a peaceful, stable, and prosperous Afghanistan,
Reaffirming the importance of combating terrorism in Afghanistan, including those individuals and groups designated by the Security Council Committee pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015), and further reaffirming the demand that the territory of Afghanistan should not be used to threaten or attack any country, to plan or finance terrorist acts, or to shelter and train terrorists, and that no Afghan group or individual should support terrorists operating on the territory of any country,
Reiterating its support for the fight against illicit production and trafficking of drugs from, and chemical precursors to, Afghanistan, acknowledging that illicit proceeds of the drug trafficking in Afghanistan are a source of financing for terrorist groups and non-state actors that threatens regional and international security, and recognizing the threats that terrorist groups and non-state actors involved in narcotics trade, and illicit exploitation of natural resources, continue to pose to the security and stability of Afghanistan,
Emphasizing its deep concern regarding the dire economic and humanitarian situation in Afghanistan, including food insecurity, recalling that women, children, and minorities have been disproportionately affected, recognizing the need to help address the substantial challenges facing Afghanistan’s economy, including through the restoration of the banking and financial systems and efforts to enable the use of assets belonging to Afghanistan’s Central Bank for the benefit of the Afghan people,
Emphasizing the importance of strengthened efforts to provide humanitarian assistance and other activities that support basic human needs in Afghanistan, recalling its decision in resolution 2615 (2021) that humanitarian assistance and other activities that support basic human needs in Afghanistan are not a violation of paragraph 1 (a) of resolution 2255 (2015), encouraging Member States and humanitarian assistance providers to make full use of this decision and urging States when designing and applying sanctions measures to take into account the potential effect of those measures on exclusively humanitarian activities, including medical activities, that are carried out by impartial humanitarian actors in a manner consistent with international humanitarian law in accordance with resolution 2462 (2019), acknowledging the important coordination role of the United Nations in regard to the provision of humanitarian assistance in Afghanistan, and emphasizing that the effective delivery of humanitarian assistance requires all actors to allow full, safe, and unhindered humanitarian access for all humanitarian personnel, including women, for United Nations agencies, international and national non-governmental organizations, and for other humanitarian actors,
Emphasizing the importance of the establishment of a truly inclusive and representative government, underlining that all parties must respect their obligations under international humanitarian law in all circumstances, including those related to the protection of civilians, reaffirming the importance of upholding human rights including those of women, children, minorities, persons in vulnerable situations, and forcibly displaced peoples, expressing its serious concern about the situation of women, girls, marginalized communities and minorities, the erosion of respect for their rights, in particular women and girls’ lack of equal access to education, economic opportunities, participation in public life, freedom of movement, justice, and basic services, the absence of which make peace, stability, and prosperity in the country unattainable, expressing deep concern over persistent violence against women and girls, including sexual and gender-based violence, ensuring safe and secure departure for those wanting to leave, and recalling the importance of the principle of non-refoulement,
Reiterating the need to ensure that the present sanctions regime contributes effectively to ongoing efforts to bring about sustainable and inclusive peace, stability and security in Afghanistan, and noting the importance of the sanctions review when and if appropriate, while taking into account the situation on the ground, in a manner that is consistent with the overall objective of promoting peace and stability in Afghanistan,
Determining that the situation in Afghanistan continues to constitute a threat to international peace and security, and reaffirming the need to combat this threat by all means, in accordance with the Charter of the United Nations and international law, including applicable human rights, refugee and humanitarian law, stressing in this regard the important role the United Nations plays in this effort,
Acting under Chapter VII of the Charter of the United Nations,
Measures
1. Decides that all States shall continue to take the measures required by paragraph 1 of resolution 2255 (2015) with respect to individuals and entities designated prior to the date of adoption of resolution 1988 (2011) as the Taliban, as well as other individuals, groups, undertakings and entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan as designated by the Committee established in paragraph 30 of resolution 1988 (“the Committee”) in the 1988 Sanctions List (“the List”);
2. Decides, in order to assist the Committee in fulfilling its mandate, that the 1267/1988 Analytical Support and Sanctions Monitoring Team (“Monitoring Team”), established pursuant to paragraph 7 of resolution 1526 (2004), shall continue to support the Committee for a period of twelve months from the date of expiration of the current mandate in December 2022, with the mandate set forth in the annex to this resolution, and further requests the Secretary-General to make the necessary arrangements to this effect, and highlights the importance of ensuring that the Monitoring Team receives the necessary administrative and substantive support to effectively, safely and in a timely manner fulfil its mandate, including with regard to duty of care in high risk environments, under the direction of the Committee, a subsidiary organ of the Security Council;
3. Directs the Monitoring Team to gather information on instances of non-compliance with the measures imposed in resolution 2255 (2015) and to keep the Committee informed of such instances, as well as to facilitate, upon request by Member States, assistance on capacity-building, encourages Committee members to address issues of non-compliance and bring them to the attention of the Monitoring Team or the Committee, and further directs the Monitoring Team to provide recommendations to the Committee on actions taken to respond to non-compliance;
4. Decides to actively review the implementation of the measures outlined in this resolution and to consider adjustments, as necessary, to support peace and stability in Afghanistan; and
5. Decides to remain actively seized of the matter.
Annex
In accordance with paragraph 3 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, an annual comprehensive, independent report to the Committee, 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 Committee in regularly reviewing names on the List, including by undertaking travel on behalf of the Committee as a subsidiary organ of the Security Council and contact with Member States, with a view to developing the Committee’s record of the facts and circumstances relating to a listing;
(c) 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;
(d) To submit a comprehensive programme 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 on behalf of the Committee;
(e) 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, but not limited to, collating information from Member States and engaging with related parties, pursuing case studies, both on its own initiative and upon the Committee’s request, and to provide recommendations to the Committee on such cases of non-compliance for its review;
(f) 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 List;
(g) 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 26 of resolution 2255 (2015);
(h) 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;
(i) To consult with Member States in advance of travel to selected Member States, based on its programme of work as approved by the Committee;
(j) To encourage Member States to submit names and additional identifying information for inclusion on the List, as instructed by the Committee;
(k) To consult with the Committee or any relevant Member States, as appropriate, when identifying individuals or entities that could be added to, or removed from, the List;
(l) To present to the Committee additional identifying and other information to assist the Committee in its efforts to keep the List as updated and accurate as possible;
(m) To collate, assess, monitor and report on and make recommendations regarding implementation of the measures, including by key Afghan institutions and any capacity assistance requirements; to pursue case studies, as appropriate; and to explore in depth any other relevant issues as directed by the Committee;
(n) To consult with Member States and other relevant organizations and bodies, including United Nations Assistance Mission in Afghanistan (UNAMA) and other United Nations agencies, and engage in regular dialogue with representatives in New York and in capitals, taking into account their comments, especially regarding any issues that might be reflected in the Monitoring Team’s reports referred to in paragraph (a) of this annex;
(o) To cooperate closely with the United Nations Office on Drugs and Crime (UNODC) and engage in a regular dialogue with Member States and other relevant organizations, including the Shanghai Cooperation Organization, the Collective Security Treaty Organization, and the Combined Maritime Forces, on the nexus between narcotics trafficking and those individuals, groups, undertakings, and entities eligible for listing under paragraph 1 of resolution 2255 (2015), and report as requested by the Committee;
(p) To provide an update to the special report of the Monitoring Team pursuant to resolution 2160 (2014) Annex (p), as part of its regular comprehensive report;
(q) 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;
(r) 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;
(s) To cooperate closely with the ISIL and Al-Qaida Sanctions Committee established pursuant to resolutions 1267 (1999) and 1989 (2011) and other relevant United Nations counter-terrorism bodies in providing information on the measures taken by Member States on kidnapping and hostage-taking for ransom and on relevant trends and developments in this area;
(t) To consult with Member States, relevant representatives of the private sector, including financial institutions and relevant non-financial businesses and professions, and with relevant international organizations, including the Financial Action Task Force (FATF) and its Global Network of FATF-style regional bodies (FSRBs), to raise awareness of sanctions and to assist in the implementation of the measures in accordance with FATF Recommendation 6 on asset freezing and its related guidance;
(u) To consult with Member States, relevant representatives of the private sector and other international organizations, including International Civil Aviation Organization (ICAO), the International Air Transport Association (IATA), the World Customs Organization (WCO), and INTERPOL to raise awareness of and learn about the practical implementation of the travel ban, including the use of advanced passenger information provided by civil aircraft operators to Member States, and assets freeze and to develop recommendations for the strengthening of the implementation of these measures;
(v) To consult with Member States, international and regional organizations and relevant representatives of the private sector on the threat posed by improvised explosive devices (IEDs) to peace, security and stability in Afghanistan, to raise awareness of the threat and to develop, in line with their responsibilities under paragraph (a) of this annex, recommendations for appropriate measures, to counter this threat;
(w) To work with relevant international and regional organizations in order to promote awareness of, and compliance with, the measures;
(x) To cooperate with INTERPOL and Member States to obtain photographs, physical descriptions and, in accordance with their national legislation, other biometric and biographic data of listed individuals when available for inclusion in INTERPOL-United Nations Security Council Special Notices and to exchange information on emerging threats;
(y) To assist other subsidiary bodies of the Security Council, and their expert panels, upon request, with enhancing their cooperation with INTERPOL, referred to in resolution 1699 (2006);
(z) To assist the Committee in facilitating assistance in capacity-building for enhancing implementation of the measures, upon request by Member States;
(aa) 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;
(bb) To study and report to the Committee on the current nature of the threat of individuals, groups, undertakings and entities associated with the Taliban, in constituting a threat to the peace, stability and security of Afghanistan and the best measures to confront it, including by developing a dialogue with relevant scholars, academic bodies and experts according to the priorities identified by the Committee;
(cc) To gather information, including from relevant Member States, on travel that takes place under a granted exemption, pursuant to paragraph 20 of resolution 2255 (2015), and to report to the Committee, as appropriate;
(dd) Any other responsibility identified by the Committee. [^]