Security Council Resolution 2374 (2017) [on Sanctions Against Individuals and Entities Threatening the Peace and Reconciliation in Mali]

S/RES/2374 (2017)View PDF

Who adopted this document and its mandates?

A Resolution of the Security Council, under agenda item 225 The situation in Mali, published in 2017.

Which reports were submitted under this mandate?

1 report · 2017

Year	Symbol	Title		Mandate resolution
2017	A/72/371/Add.6	Estimates in respect of special political missions, good offices and other political initiatives authorized by the General Assembly and/or the Security Council : thematic cluster II: sanctions monitoring teams, groups and panels, and other entities and mechanisms : Panel of Experts on Mali report of the Secretary-General		S/RES/2374 (2017)

What subjects does this mandate have?

6 subjects

Frozen Assets Groups of Experts Mali Sanctions Sanctions Compliance Travel Restrictions

What’s in this document?

47 operative paragraphs

Travel ban

Decides that, for an initial period of one year from the date of the adoption of this resolution, all Member States shall take the necessary measures to prevent the entry into or transit through their territories of individuals designated by the Committee established pursuant to paragraph 9 below, provided that nothing in this paragraph shall oblige a State to refuse its own nationals entry into its territory;

Decides that the measures imposed by paragraph 1 above shall not apply:

Where the Committee determines on a case-by-case basis that such travel is justified on the grounds of humanitarian need, including religious obligation;

Where entry or transit is necessary for the fulfilment of a judicial process;

Where the Committee determines on a case-by-case basis that an exemption would further the objectives of peace and national reconciliation in Mali and stability in the region;

Emphasizes that violations of the travel ban can undermine the peace, stability or security of Mali, observes that individuals who knowingly facilitate the travel of a listed individual in violation of the travel ban may be determined by the Committee to have met the designation criteria provided for in this resolution and calls upon all parties and all Member States to cooperate with the Committee as well as the Panel of experts established pursuant to paragraph 11 below on the implementation of the travel ban;

Asset freeze

Decides that, for an initial period of one year from the date of the adoption of this resolution, all Member States shall freeze without delay all funds, other financial assets and economic resources which are on their territories, which are owned or controlled, directly or indirectly, by the individuals or entities designated by the Committee, or by individuals or entities acting on their behalf or at their direction, or by entities owned or controlled by them, and decides further that all Member States shall ensure that any funds, financial assets or economic resources are prevented from being made available by their nationals or by any individuals or entities within their territories, directly or indirectly to or for the benefit of the individuals or entities designated by the Committee;

Decides that the measures imposed by paragraph 4 above do not apply to funds, other financial assets or economic resources that have been determined by relevant Member States:

To be necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges or exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services in accordance with national laws, or fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds, other financial assets and economic resources, after notification by the relevant State to the Committee of the intention to authorize, where appropriate, access to such funds, other financial assets or economic resources and in the absence of a negative decision by the Committee within five working days of such notification;

To be necessary for extraordinary expenses, provided that such determination has been notified by the relevant State or Member States to the Committee and has been approved by the Committee;

To be the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered into effect prior to the date of the present resolution, is not for the benefit of a person or entity designated by the Committee, and has been notified by the relevant State or Member States to the Committee;

Where the Committee determines on a case-by-case basis that an exemption would further the objectives of peace and national reconciliation in Mali and stability in the region;

Decides that Member States may permit the addition to the accounts frozen pursuant to the provisions of paragraph 4 above of interests or other earnings due on those accounts or payments due under contracts, agreements or obligations that arose prior to the date on which those accounts became subject to the provisions of this resolution, provided that any such interest, other earnings and payments continue to be subject to these provisions and are frozen;

Decides that the measures in paragraph 4 above shall not prevent a designated person or entity from making payment due under a contract entered into prior to the listing of such a person or entity, provided that the relevant States have determined that the payment is not directly or indirectly received by a person or entity designated pursuant to paragraph 4 above, and after notification by the relevant States to the Committee of the intention to make or receive such payments or to authorize, where appropriate, the unfreezing of funds, other financial assets or economic resources for this purpose, 10 working days prior to such authorization;

Designation criteria

Decides that the measures contained in paragraph 1 shall apply to individuals, and that the measures contained in paragraph 4 shall apply to individuals and entities, as designated for such measures by the Committee as responsible for or complicit in, or having engaged in, directly or indirectly, the following actions or policies that threaten the peace, security, or stability of Mali:

Engaging in hostilities in violation of the Agreement;

Actions taken that obstruct, or that obstruct by prolonged delay, or that threaten the implementation of the Agreement;

Acting for or on behalf of or at the direction of or otherwise supporting or financing individuals and entities identified in subparagraphs (a) and (b) above, including through the proceeds from organized crime, including the production and trafficking of narcotic drugs and their precursors originating in or transiting through Mali, the trafficking in persons and the smuggling of migrants, the smuggling and trafficking of arms as well as the trafficking in cultural property;

Involvement in planning, directing, sponsoring, or conducting attacks against: (i) the various entities referenced in the Agreement, including local, regional and state institutions, joint patrols and the Malian Security and Defense forces; (ii) MINUSMA peacekeepers and other UN and associated personnel, including members of the Panel of experts; (iii) international security presences, including the FC-G5S, European Union Missions and French forces;

Obstructing the delivery of humanitarian assistance to Mali, or access to, or distribution of, humanitarian assistance in Mali;

Planning, directing, or committing acts in Mali that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, including those involving the targeting of civilians, including women and children, through the commission of acts of violence (including killing, maiming, torture, or rape or other sexual violence), abduction, enforced disappearance, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge;

The use or recruitment of children by armed groups or armed forces in violation of applicable international law, in the context of the armed conflict in Mali;

New Sanctions Committee

Decides to establish, in accordance with rule 28 of its provisional rules of procedure, a Committee of the Security Council consisting of all the members of the Council (herein “the Committee”), to undertake to following tasks:

To monitor implementation of the measures imposed in paragraphs 1 and 4 above;

To designate those individuals and entities subject to the measures imposed by paragraph 4, to review information regarding those individuals, and to consider requests for exemptions in accordance with paragraph 5 above;

To designate those individuals subject to the measures imposed by paragraph 1, to review information regarding those individuals, and to consider requests for exemptions in accordance with paragraph 2 above;

To establish such guidelines as may be necessary to facilitate the implementation of the measures imposed above;

To encourage a dialogue between the Committee and interested Member States and international, regional and subregional organizations, in particular those in the region, including by inviting representatives of such States or organizations to meet with the Committee to discuss implementation of the measures;

To seek from all States and international, regional and sub-regional organizations whatever information it may consider useful regarding the actions taken by them to implement effectively the measures imposed above;

To examine and take appropriate action on information regarding alleged violations or non-compliance with the measures contained in this resolution;

Requests the Secretary-General to make the necessary financial arrangements to enable the Committee to undertake the tasks mentioned in paragraph 9 above;

Panel of experts

Requests the Secretary-General to create, for an initial period of thirteen months from the adoption of this resolution, in consultation with the Committee, a group of up to five experts (“Panel of experts”), under the direction of the Committee, and to make the necessary financial and security arrangements to support the work of the Panel, expresses its intent to consider the renewal of this mandate no later than 12 months after the adoption of this resolution, and decides that the Panel shall carry out the following tasks:

Assist the Committee in carrying out its mandate as specified in this resolution, including through providing the Committee with information relevant to the potential designation at a later stage of individuals who may be engaging in the activities described in paragraph 8 above;

Gather, examine and analyse information from States, relevant United Nations bodies, regional organizations and other interested parties regarding the implementation of the measures decided in this resolution, in particular incidents of non-compliance;

Provide to the Council, after discussion with the Committee, an interim update by March, 1, 2018, and a final report by September, 1, 2018, and periodic updates in between;

To assist the Committee in refining and updating information on the list of individuals subject to measures imposed by paragraphs 1 and 4 above, including through the provision of biometric information and additional information for the publicly-available narrative summary of reasons for listing;

To cooperate closely with INTERPOL and the United Nations Office on Drugs and Crime (UNODC), as appropriate;

Requests that the Panel of experts has the necessary gender expertise, in line with paragraph 6 of resolution 2242 (2015);

Notes that the selection process of the experts composing the Panel should prioritize appointing individuals with the strongest qualifications to fulfil the duties described above while paying due regard to the importance of regional and gender representation in the recruitment process;

Directs the Panel of experts to cooperate with other relevant expert groups established by the Security Council to support the work of its Sanctions Committees, including the Panel of experts established by resolution 1973 (2011) concerning Libya and the Analytical Support and Sanctions Monitoring Team pursuant to resolutions 1526 (2004) and 2368 (2017) concerning ISIL (Da’esh), Al-Qaida and the Taliban and associated individuals and entities;

Urges all parties and all Member States, as well as international, regional and subregional organizations to ensure cooperation with the Panel of experts and further urges all Member States involved to ensure the safety of the members of the Panel of experts and unhindered access, in particular to persons, documents and sites in order for the Panel of experts to execute its mandate;

Role of MINUSMA

Encourages timely information exchange between MINUSMA and the Panel of experts, and requests MINUSMA to assist the Committee and the Panel of experts, within its mandate and capabilities;

Reporting and review

Calls upon all States, particularly those in the region, to actively implement the measures contained in this resolution and to regularly report to the Committee on the actions they have taken to implement the measures imposed by paragraphs 1 and 4 above;

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, including alongside the Special Representative of the Secretary-General for Mali on the situation in Mali as appropriate, and encourages the Chair to hold regular briefings for all interested Member States;

Requests the Special Representative of the Secretary-General for Children and Armed Conflict and the Special Representative for Sexual Violence in Conflict to share relevant information with the Committee in accordance with paragraph 7 of resolution 1960 (2010) and paragraph 9 of resolution 1998 (2011);

Affirms that it shall keep the situation in Mali under continuous review and that it shall be prepared to review the appropriateness of the measures contained in this resolution, including the strengthening through additional measures, modification, suspension or lifting of the measures, as may be needed at any time in light of the progress achieved in the stabilization of the country and compliance with this resolution;

Decides to remain actively seized of the matter.