Security Council Resolution 2160 (2014) [on Threats to International Peace and Security Caused by Terrorist Acts by Taliban]

S/RES/2160 (2014)View PDF

Who adopted this document and its mandates?

A Resolution of the Security Council, under agenda item 31 Threats to international peace and security caused by terrorist acts, published in 2014.

What subjects does this mandate have?

8 subjects

Afghanistan Situation Counter-Terrorism Frozen Assets Information Exchange International Security Terrorism Terrorism Financing Travel Restrictions

What’s in this document?

64 operative paragraphs

Measures

Decides that all States shall take the following measures 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 35 of resolution 1988 (“the Committee”) (hereafter known as “the List”):

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;

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, including where this directly relates to supporting efforts by the Government of Afghanistan to promote reconciliation;

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;

Decides that the acts or activities indicating that an individual, group, undertaking or entity is eligible for listing under paragraph 1 include:

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;

Supplying, selling or transferring arms and related materiel to;

Recruiting for; or

Otherwise supporting acts or activities of those designated and other individuals, groups, undertakings and entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan;

Confirms that any individual or any group, undertaking or entity owned or controlled, directly or indirectly by, or otherwise supporting, such an individual, group, undertaking or entity on the List, shall be eligible for listing;

Notes that such means of financing or support include but are not limited to the use of proceeds derived from crimes, including the illicit cultivation, production and trafficking of narcotic drugs originating in and transiting through Afghanistan, and trafficking of precursors into Afghanistan, and underscores the need to prevent those associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan from benefiting, directly or indirectly, from entities engaging in activities prohibited by this resolution, as well as the illegal exploitation of natural resources in Afghanistan;

Confirms that the requirements in paragraph 1 (a) above apply to all proposed uses of funds or other financial assets or economic resources in connection with the travel of a listed individual, including costs incurred with respect to transportation and lodging, and that such travel-related funds or other financial assets or economic resources may only be provided in accordance with the exemption procedures set out in paragraphs 1 and 2 of resolution 1452 (2002), as amended by resolution 1735 (2006), and in paragraph 12 below;

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 those on this List, as well as other individuals, groups, undertakings or entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan;

Confirms further that the requirements in paragraph 1 (a) above shall also apply to the direct or indirect payment of ransoms to or for the benefit of individuals, groups, undertakings or entities on the List, regardless of how or by whom the ransom is paid;

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;

Decides that States, in order to prevent those associated with the Taliban and other individuals, groups, undertakings and entities from obtaining, handling, storing, using or seeking access to all types of explosives, whether military, civilian or improvised explosives, as well as to raw materials and components that can be used to manufacture improvised explosive devices or unconventional weapons, including (but not limited to) chemical components, detonating cord, or poisons, shall undertake appropriate measures to promote the exercise of vigilance by their nationals, persons subject to their jurisdiction and firms incorporated in their territory or subject to their jurisdiction that are involved in the production, sale, supply, purchase, transfer and storage of such materials, including through the issuance of good practices, and further encourages Member States to share information, establish partnerships, and develop national strategies and capabilities to counter improvised explosive devices;

Encourages Member States to consult the List when considering travel visa applications;

Encourages Member States to exchange information expeditiously with other Member States, in particular the Government of Afghanistan, when they detect the travel of individuals on the List;

Exemptions

Recalls its decision that all Member States may make use of the provisions set out in paragraphs 1 and 2 of resolution 1452 (2002), as amended by resolution 1735 (2006), regarding available exemptions with regard to the measures in paragraph 1 (a), and encourages their use by Member States;

Underlines the importance of a comprehensive political process in Afghanistan to support peace and reconciliation among all Afghans, invites the Government of Afghanistan, in close coordination with the High Peace Council, to submit for the Committee’s consideration the names of listed individuals for whom it confirms travel to such specified location or locations is necessary to participate in meetings in support of peace and reconciliation, and requires such submissions to include, to the extent possible, the following information:

The passport number or travel document number of the listed individual;

The specific location or locations to which each listed individual is expected to travel and their anticipated transit points, if any;

The period of time, not to exceed nine months, during which listed individuals are expected to travel;

Decides that the travel ban imposed by paragraph 1 (b) shall not apply to individuals identified pursuant to paragraph 13 above, where the Committee determines, on a case-by-case basis only, that such entry or transit is justified, further decides that any such exemption approved by the Committee shall only be granted for the requested period for any travel to the specified location or locations, directs the Committee to decide on all such exemption requests, as well as on requests to amend or renew previously granted exemptions, or on a request by any Member State to revoke previously granted exemptions, within ten days of receiving them, and affirms that, notwithstanding any exemption from the travel ban, listed individuals remain subject to the other measures outlined in paragraph 1 of this resolution;

Requests the Government of Afghanistan, through the Monitoring Team, to provide to the Committee, for its consideration and review, a report on each individual’s travel under a granted exemption, promptly upon the exemption’s expiration, and encourages relevant Member States to provide information to the Committee, as appropriate, on any instances of non-compliance;

Listing

Encourages all Member States, in particular the Government of Afghanistan, to submit to the Committee for inclusion on the List names of individuals, groups, undertakings and entities participating, by any means, in the financing or support of acts or activities described in paragraph 2 above;

Reaffirms that, when proposing names to the Committee for inclusion on the List, Member States shall use the standard form for listing and provide a statement of case, which should include detailed reasons on the proposed basis for the listing, and 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 INTERPOL-United Nations Security Council Special Notice, 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 20 below;

Encourages Member States, in accordance with their national legislation, to submit to INTERPOL, where available, photographs and other biometric data of individuals for the inclusion in the INTERPOL-United Nations Security Council Special Notices, and directs the Monitoring Team to report to the Committee on further steps that could be taken to improve the quality of the 1988 Sanctions List, including by improving identifying information, as well as steps to ensure that INTERPOL-United Nations Security Council Special Notices exist for all listed individuals, groups, undertakings, and entities;

Directs the Committee to update, as necessary, the standard form for listing in accordance with the provisions of this resolution;

Directs 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 List, a narrative summary of reasons for listing for the corresponding entry;

Calls upon all members of the Committee and the Monitoring Team to share with the Committee any appropriate 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 listing and provide additional material for the narrative summary of reasons for listing described in paragraph 20;

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 List, and requests the Secretary-General to make all list entries and narrative summaries of reasons for listing available in all official languages of the United Nations in a timely and accurate manner, and notes the unique circumstances of this request, which is for the purpose of harmonizing this Committee’s translation procedures of issuing lists and narrative summaries with those of other United Nations Security Council sanctions committees;

Strongly urges Member States, when considering the proposal of a new listing, to consult with the Government of Afghanistan on the listing prior to submission to the Committee to ensure coordination with the Government of Afghanistan’s peace and reconciliation efforts, and encourages all Member States considering the proposal of a new listing to seek advice from UNAMA, where appropriate;

Decides that the Committee shall, after publication but within three working days after a name is added to the List, notify the Government of Afghanistan, the Permanent Mission of Afghanistan, and the Permanent Mission of the State(s) where the individual or entity is believed to be located and, in the case of non-Afghan individuals or entities, the State(s) of which the person is believed to be a national; and further decides that the relevant Member State(s) shall take all possible measures, in accordance with their domestic laws and practices, to notify or inform in a timely manner the listed individual or entity of the listing and to include with this notification the narrative summary of reasons for listing, a description of the effects of listing, as provided in the relevant resolutions, the Committee’s procedures for considering delisting requests, and the provisions of resolution 1452 (2002), as amended by resolution 1735 (2006), regarding available exemptions;

Delisting

Directs the Committee to remove expeditiously individuals and entities on a case-by-case basis that no longer meet the listing criteria outlined in paragraph 2 above, and requests that the Committee give due regard to requests for removal of individuals who have reconciled, in accordance with the 20 July 2010 Kabul Conference Communiqué on dialogue for all those who renounce violence, have no links to international terrorist organizations, including Al-Qaida, respect the constitution, including its human rights provisions, notably the rights of women, and are willing to join in building a peaceful Afghanistan, and as further elaborated in the principles and outcomes of the 5 December 2011 Bonn Conference Conclusions supported by the Government of Afghanistan and the international community;

Strongly urges Member States to consult with the Government of Afghanistan on their delisting requests prior to submission to the Committee, to ensure coordination with the Government of Afghanistan’s peace and reconciliation efforts;

Recalls its decision that individuals and entities seeking removal from the List without the sponsorship of a Member State are eligible to submit such requests to the Focal Point mechanism established in resolution 1730 (2006);

Encourages UNAMA to support and facilitate cooperation between the Government of Afghanistan and the Committee to ensure that the Committee has sufficient information to consider delisting requests, and directs the Committee to consider delisting requests in accordance with the following principles, where relevant:

Delisting requests concerning reconciled individuals should, if possible, include a communication from the High Peace Council through the Government of Afghanistan confirming the reconciled status of the individual according to the reconciliation guidelines, or, in the case of individuals reconciled under the Strengthening Peace Programme, documentation attesting to their reconciliation under the previous programme, as well as current address and contact information;

Delisting requests concerning individuals who formerly held positions in the Taliban regime prior to 2002 who no longer meet the listing criteria outlined in paragraph 2 of this resolution should, if possible, include a communication from the Government of Afghanistan confirming that the individual is not an active supporter of, or participant in, acts that threaten the peace, stability and security of Afghanistan, as well as current address and contact information;

Delisting requests for reportedly deceased individuals should include an official statement of death from the State of nationality, residence, or other relevant State;

Urges the Committee, where appropriate, to invite a representative of the Government of Afghanistan to appear before the Committee to discuss the merits of listing or delisting certain individuals, groups, undertakings, and entities, including when a request by the Government of Afghanistan has been put on hold or rejected by the Committee;

Requests all Member States, but particularly the Government of Afghanistan, to inform the Committee if they become aware of any information indicating that an individual, group, undertaking or entity that has been delisted should be considered for listing under paragraph 1 of this resolution, and further requests that the Government of Afghanistan provide to the Committee an annual report on the status of reportedly reconciled individuals who have been delisted by the Committee in the previous year;

Directs the Committee to consider expeditiously any information indicating that a delisted individual has returned to activities set forth in paragraph 2, including by engaging in acts inconsistent with paragraph 25 of this resolution, and requests the Government of Afghanistan or other Member States, where appropriate, to submit a request to add that individual’s name back on the list;

Confirms that the Secretariat shall, as soon as possible after the Committee has made a decision to remove a name from the List, transmit the decision to the Government of Afghanistan and the Permanent Mission of Afghanistan for notification, and the Secretariat should also, as soon as possible, notify the Permanent Mission of the State(s) in which the individual or entity is believed to be located and, in the case of non-Afghan individuals or entities, the State(s) of nationality, and recalls its decision that States receiving such notification take measures, in accordance with domestic laws and practices, to notify or inform the concerned individual or entity of the delisting in a timely manner;

Review and maintenance of the List

Recognizes that the ongoing conflict in Afghanistan, and the urgency that the Government of Afghanistan and the international community attach to a peaceful political solution to the conflict, requires timely and expeditious modifications to the List, including the addition and removal of individuals and entities, urges the Committee to decide on listing and delisting requests in a timely manner, requests the Committee to review each entry on the list on a regular basis, including, as appropriate, by means of reviews of individuals considered to be reconciled, individuals whose entries lack identifiers, individuals reportedly deceased, and entities reported or confirmed to have ceased to exist, directs the Committee to review and amend its guidelines for such reviews, as appropriate, and requests the Monitoring Team to circulate to the Committee every twelve months a list compiled in consultation with the respective designating States and States of residence, in particular the Government of Afghanistan, as well as States of nationality, location or incorporation, where known, of:

Individuals on the List whom the Afghan Government considers to be reconciled along with relevant documentation as outlined in paragraph 28 (a);

Individuals and entities on the List whose entries lack identifiers necessary to ensure effective implementation of the measures imposed upon them;

Individuals on the List who are reportedly deceased, along with an assessment of relevant information outlined in paragraph 28 (c) 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 whether these listings remain appropriate, and further directs the Committee to remove listings if it decides they are no longer appropriate;

Requests the Monitoring Team to provide an overview of the current status of the information included in the INTERPOL-United Nations Security Council Special Notices on a periodic basis, as appropriate;

Decides that, with the exception of decisions made pursuant to paragraph 14 of this resolution, no matter shall be left pending before the Committee for a period longer than six months, urges Committee members to respond within three months, and directs the Committee to update its guidelines as appropriate;

Urges the Committee to ensure that there are fair and clear procedures for the conduct of its work, and directs the Committee to review its guidelines as soon as possible, in particular with respect to paragraphs 18, 22, 33, 34, 35 and 36;

Encourages Member States and relevant international organizations to send representatives to meet with the Committee to share information and discuss any relevant issues;

Encourages all Member States, in particular designating States and States of residence, nationality, location or incorporation, to submit to the Committee additional identifying and other information, including where available, and in accordance with their national legislation, photographs and other biometric data of individuals 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;

Cooperation with the Government of Afghanistan

Welcomes periodic briefings from the Government of Afghanistan on the content of the list, as well as on the impact of targeted sanctions on deterring threats to the peace, stability and security of Afghanistan, and supporting Afghan-led reconciliation;

Encourages continued cooperation among the Committee, the Government of Afghanistan, and UNAMA, including by identifying and providing detailed information regarding individuals and entities participating in the financing or support of acts or activities set forth in paragraph 2 of this resolution, and by inviting UNAMA representatives to address the Committee;

Welcomes the Government of Afghanistan’s desire to assist the Committee in the coordination of listing and delisting requests and in the submission of all relevant information to the Committee;

Monitoring Team

Decides, in order to assist the Committee in fulfilling its mandate, that the 1267/1989 Monitoring Team, established pursuant to paragraph 7 of resolution 1526 (2004), shall also support the Committee for a period of thirty months from the date of expiration of the current mandate in June 2015, with the mandate set forth in the annex to this resolution, and further requests the Secretary-General to continue to ensure 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;

Directs the Monitoring Team to gather information on instances of non-compliance with the measures imposed in this resolution 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;

Coordination and Outreach

Recognizes the need to maintain contact with relevant United Nations Security Council Committees, international organizations and expert groups, including the Committee established pursuant to resolution 1267 (1999), the Counter-Terrorism Committee (CTC), the United Nations Office of Drugs and Crime, the Counter-Terrorism Committee Executive Directorate (CTED), the Committee established pursuant to resolution 1540 (2004), and the Financial Action Task Force (FATF), particularly given the continuing presence and negative influence on the Afghan conflict by Al-Qaida, and any cell, affiliate, splinter group or derivative thereof;

Encourages UNAMA to provide assistance to the High Peace Council, at its request, to encourage listed individuals to reconcile;

Reviews

Decides to review the implementation of the measures outlined in this resolution in eighteen months and make adjustments, as necessary, to support peace and stability in Afghanistan;

Decides to remain actively seized of the matter.

In accordance with paragraph 43 of this resolution, the Monitoring Team shall operate under the direction of the Committee and shall have the following responsibilities:

To submit, in writing, two comprehensive, independent reports to the Committee, one by 1 November 2014, and the second by 1 June 2015, 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;

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;

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;

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;

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;

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;

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 20 of this resolution;

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;

To consult with Member States in advance of travel to selected Member States, based on its programme of work as approved by the Committee;

To encourage Member States to submit names and additional identifying information for inclusion on the List, as instructed by the Committee;

To consult with the Committee, the Government of Afghanistan, or any relevant Member States, as appropriate, when identifying individuals or entities that could be added to, or removed from, the List;

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;

To collate, assess, monitor and report on and make recommendations regarding implementation of the measures; to pursue case studies, as appropriate; and to explore in depth any other relevant issues as directed by the Committee;

To consult with Member States and other relevant organizations and bodies, including 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;

To cooperate closely with the United Nations Office on Drugs and Crime (UNODC) and engage in a regular dialogue with Member States on the nexus between narcotics trafficking and those individuals, groups, undertakings, and entities eligible for listing under paragraph 1 of this resolution, and report as requested by the Committee;

To submit to the Committee on 1 December 2014 a special written report, in consultation with the Government of Afghanistan, UNODC and the United Nations sanctions expert panels, as appropriate, on specific cases of cooperation between organized crime syndicates, notably groups undertaking hostage-taking for ransom, narcotics producers and traders, as well as those illegally exploiting natural resources in Afghanistan, including precious and semi-precious stones, and those individuals, groups, undertakings, and entities eligible for listing under paragraph 1 of this resolution;

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;

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;

To cooperate closely with the 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;

To consult with the Government of Afghanistan, 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 regional bodies to raise awareness of and learn about the practical implementation of the assets freeze and to develop recommendations for the strengthening of the implementation of that measure in accordance with FATF Recommendation 6 on asset freezing and its related guidance;

To consult with the Government of Afghanistan, Member States, relevant representatives of the private sector and other international organizations, including International Civil Aviation Organization (ICAO), the International Air Transport Association (IATA) and the World Customs Organization (WCO) to raise awareness of and learn about the practical implementation of the travel ban and assets freeze and to develop recommendations for the strengthening of the implementation of these measures;

To consult with the Government of Afghanistan, 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 recommendations for appropriate measures to counter this threat;

To work with relevant international and regional organizations in order to promote awareness of, and compliance with, the measures;

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;

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);

To assist the Committee in facilitating assistance in capacity-building for enhancing implementation of the measures, upon request by Member States;

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;

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;

To gather information, including from the Government of Afghanistan and relevant Member States, on travel that takes place under a granted exemption, pursuant to paragraphs 13 and 14, and to report to the Committee, as appropriate; and

Any other responsibility identified by the Committee.