1267 and 1988 Committees Monitoring Team. CCW - Geneva, 2 April 2014
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1 1267 and 1988 Committees Monitoring Team CCW - Geneva, 2 April
2 UNDERSTANDING THE UN SANCTIONS REGIMES 2
3 Current Sanctions Regimes There are currently in place 15 sanctions regimes adopted by the SC: Somalia Eritrea, Resol. 751(1992) Iraq, Resol (2003) Liberia, Resol (2003) DRC, Resol (2004) Côte d Ivoire, Resol (2004) Sudan, Resol.1591 (2005) Lebanon, Resol (2005) DPRK, Resol (2006) Iran, Resol (2006) Libya, Resol.1970 (2011) Afghan insurgency, Resol.1988 (2011) Guinea Bissau, Resol (2012) CAR, Resol (2013). Al-Qaida, Resol (1999) Yemen, Resol.2140 (2014). 3
4 UN Counter-Terrorism SC resolutions Security Council General Assembly GA resolutions 1267 Committee 1373 Committee (CTC) 1540 Committee Secretary General Counter-Terrorism Implementation Task Force UN Secretariat Sanctions Monitoring Team Counter- Terrorism Committee Non-proliferation NCB weapons CTED 1540 Expert group Counter- Terrorism Committee Executive Directorate Experts The United Nations Office on Drugs and Crime (UNODC) TPB Terrorism Prevention Branch (Vienna) Office of Legal Affairs Dept. of Safety and Security Dept. of Political Affairs Other relevant departments 4
5 EVOLUTION OF THE AL-QAIDA/1988 SANCTIONS REGIMES 5
6 Fundamental Resolution 1267 (1999) Creation of Security Council Sanctions Committee pursuant to the resolution 1267 on 15 October 1999, commonly known as the Al- Qaida / Taliban Sanctions Committee. Financial sanctions imposed on the Taliban. The resolution imposed an indefinite assets freeze on the Taliban under Chapter VII of the Charter. 6
7 Resolutions - Outline 1333 (2000) - arms embargo and flight ban imposed on Taliban-controlled territory of Afghanistan; financial sanctions expanded to include Al-Qaida. Imposed a limited term on all sanctions measures (2002) - established the 3 sanctions measures assets freeze, travel ban and arms against individuals and entities designated by the Sanctions Committee; authorized the Committee to create a Consolidated List of individuals and entities (2002) - authorized humanitarian exceptions to assets freeze (2003) - required implementation reports from all States (2004) - strengthened the Committee s mandate; created the Monitoring Team (2005) - indefinite extension of the sanctions, definition of associated with, calls for statements of the case to support listing proposals, authorized release of statements of case, under certain circumstances, authorized enhanced cooperation with Interpol, resulting in creation of Interpol-UNSC Special Notices, directed the Committee and Monitoring Team to work on listing and de-listing issues (2006) - provided a cover sheet for listing and criteria for delisting (2008) - created the narrative summaries of reasons for listing and provided for the first comprehensive review of entries in the list (2009) - created the Office of the Ombudsperson. 7
8 Evolution of the Sanctions regime 1267 Sanctions Regime CT - June split into Al Qaida sanctions regime (1267/1989 sanctions regime) 1988 sanctions regime Counterterrorism Afghan Peace and Reconciliation 1267 (1999) 1333 (2000) 1390 (2001) 1452 (2002) 1455 (2003) 1526 (2004) 1617 (2005) 1735 (2006) 1822 (2008) 1904 (2009) 1988 / 1989 (2011) / 2083 (2012)
9 Split of the regime Resolutions 1988 and 1989 (2011) Resolutions 1988 and 1989, both adopted on 17 June 2011 split the regime into two separate regimes. As a consequence of the split, there are now two distinct sanctions regimes, with two separate sanctions committees (Al Qaida Sanctions Committee and 1988 Sanctions Committee) charged with implementation of sanctions measures (both regimes continue with the 3 sanctions measures) against individuals and entities designated in two separate lists. 9
10 SANCTIONS LISTS 10
11 Lists - March Individuals and 65 Entities 1988 Sanctions List Al-Qaida Sanctions List 130 Individuals - Taliban Count 218 Individuals - Al-Qaida Count 4 Entities - Taliban Count 61 Entities - Al-Qaida Count 11
12 IMPLEMENTATION OF THE SANCTIONS MEASURES Travel ban, assets freeze and arms embargo 12
13 The 1267 and 1988 Sanctions Regimes The three sanctions measures Assets freeze / Travel ban / Arms embargo Approved by the Security Council (Chapter 7) Implementation is mandatory for all UN Member States Effectiveness depends on implementation by all Member States 1267: Follows traditional pattern of sanctions but this regime is specific World-wide application Target non-state actors (individuals and entities) Asymmetric and transnational threat 13
14 ARMS EMBARGO 14
15 Arms Embargo The arms embargo measure in both regimes requires Member States to: Prevent the direct or indirect supply, sale or transfer, to these [the listed] 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. The provision of arms or related materiel to listed individuals or entities is a breach of the sanctions regime. No exemption. 15
16 Arms Embargo The term "related materiel" under the Al-Qaida arms embargo covers materiel that could be used to make weapons of all types. The arms embargo includes a ban on the provision of technical advice, assistance or training related to military activities. This includes preventing any listed individual from participating in any training designed to teach military skills and recruiting individuals. Therefore, Member States are further encouraged to submit to the Sanctions Committees for listing those who recruit individuals to listed entities. 16
17 THREAT ASSESMENT 17
18 Evolution of the threat AQ entities are evolving, often autonomously, with generational, geographical, ethnic, structural and operational changes in evidence. These changes are currently most visible within groups in North and West Africa, the Sahel and the Levant. 18
19 Operational changes Complex, simultaneous multi-strike attacks demonstrate that local groups are seeking to follow Al-Qaida core guidance for spectacular incidents. Tactics used by one group soon spread to others. First suicide attacks in Mali, the Niger and Libya in 2013, following on from suicide attacks in Nigeria in 2011 and Mauritania in Many attacks that take place, along with disrupted attack plans, demonstrate a striking degree of operational capacity, sophistication and intelligence-gathering capability. 19
20 The challenge of IEDs for the UN The challenge of IEDs is not a new one. The Secretary-General has repeatedly called for more international action on IEDs, and this is subject of direct interest to Member States. The Monitoring Team has noted that IED is a primary weapon of choice of Al-Qaida and Taliban (IEDs in particular in Afghanistan). Accurate incident and casualty data linked to the use of IEDs is difficult to obtain. At least 90 countries are affected by IEDs. Two persistent challenges are the use of ever larger IEDs, which kill and aim more victims, and innovation in design and execution of IED attacks. IED technology and techniques are spreading. Al-Qaida/Taliban and affiliates exchange information and advice on how best to construct and use them. 20
21 A REGIONAL APPROACH 21
22 Afghanistan case study Growing threat of IEDs in Afghanistan Industrial explosives, a challenge New trends of IEDs and related material in Afghanistan Continuing adaptation 9 IED facilitators on 1988 List Monitoring Team s findings. 22
23 Sahel and Middle East case studies IED threat and operational use Types of IEDs The need for more data Monitoring Team s findings. 23
24 WHAT S NEXT? 24
25 Thank you Analytical Support and Sanctions Monitoring Team 25
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