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Abstract

Resolution 2716 (2023)
Adopted by the Security Council at its 9506th meeting, on 14 December 2023
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), 2083 (2012), 2133 (2014), 2160 (2014), 2255 (2015), 2501 (2019), 2513 (2020), 2557 (2020), 2596 (2021), 2611 (2021), 2615 (2021), and 2665 (2022) 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, while acknowledging the progress made in the reduction of poppy cultivation and emphasizing the necessity to support alternative livelihoods to sustain the reduction in opium, acknowledging that illicit proceeds of drug trafficking in Afghanistan continue to be a source of financing for terrorist groups and non-state actors that threaten 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 and liquidity challenges, 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 consi stent
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, and in this regard expressing deep concern over the Taliban’s
decisions to ban women from working for the United Nations and non -governmental
organizations in Afghanistan as well as over persistent violence against women and
girls, including sexual and gender-based violence, recognizing the need in particular
to increase women’s roles in decision-making with regard to conflict prevention and
resolution, emphasizing the importance of 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,
Recognizing the need to revise the 1988 sanctions regime when appropriate
aimed at supporting peace and stability in Afghanistan and taking note of the
recommendations outlined in the Analytical Support and Sanctions Monitoring
Team’s (hereinafter the “Monitoring Team”) report based on views received from the
Member States in this regard,
Recalling the mandate of the Monitoring Team and in that regard strongly
encouraging the Monitoring Team to constructively engage and assist Member States
in their efforts to implement the measures referred to in paragraph 1 of this resolution,
further emphasizing the importance of travel by the Monitoring Team to Afghanistan,
which remains crucial for the effective implementation of its mandate, and encouraging the Monitoring Team to visit Afghanistan and meet with relevant
stakeholders,
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, and stressing in this
regard the important role of the United Nations,
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 resoluti on 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 2023 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 receive 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 Monitor ing
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 2 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/Da’esh 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.