Security Council Resolution 2399 (2018) [on Renewal of Measures on Arms, Transport, Finance and Travel Against the Central African Republic and Extension of the Mandate of the Panel of Experts Established Pursuant to Resolution 2127 (2013) Until 28 Feb. 2019]

S/RES/2399 (2018)View PDF

Who adopted this document and its mandates?

A Resolution of the Security Council, under agenda item 181 The situation in the Central African Republic, published in 2018.

What other versions does this mandate have?

3 versions · 2017–2019

This is an older version — the most recent is S/RES/2454 (2019)

Year	Symbol	Title	Word length	Text similarity
2019	S/RES/2454 (2019)	Security Council resolution 2454 (2019) [on renewal of measures on arms, transport, finance and travel against the Central African Republic and extension of the mandate of the Panel of Experts Established pursuant to Resolution 2127 (2013) until 29 Feb. 2020]	—	—
2018	S/RES/2399 (2018)	Security Council resolution 2399 (2018) [on renewal of measures on arms, transport, finance and travel against the Central African Republic and extension of the mandate of the Panel of Experts Established pursuant to Resolution 2127 (2013) until 28 Feb. 2019]	—	—
2017	S/RES/2339 (2017)	Security Council resolution 2339 (2017) [on renewal of measures on arms, transport, finance and travel against the Central African Republic and extension of the mandate of the Panel of Experts Established pursuant to Resolution 2127 (2013) until 28 Feb. 2018]	—	–

What subjects does this mandate have?

6 subjects

Arms Embargo Central African Republic Frozen Assets Peacekeeping Operations Sanctions Travel Restrictions

What’s in this document?

74 operative paragraphs

Arms embargo

Decides that, until 31 January 2019, all Member States shall continue to take the necessary measures to prevent the direct or indirect supply, sale or transfer to the CAR, from or through their territories or by their nationals, 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 assistance, training, financial or other assistance, related to military activities or the provision, maintenance or use of any arms and related materiel, including the provision of armed mercenary personnel whether or not originating in their territories, and decides further that this measure shall not apply to:

Supplies intended solely for the support of or use by MINUSCA and the European Union training missions deployed in the CAR, French forces under the conditions provided by paragraph 65 of resolution 2387 (2017), as well as other Members States forces providing training and assistance as notified in advance in accordance with paragraph 1 (b) below;

Supplies of non-lethal equipment and provision of assistance, including operational and non-operational training to the CAR security forces, including State civilian law enforcement institutions, intended solely for support of or use in the CAR process of Security Sector Reform (SSR), in coordination with MINUSCA, and as notified in advance to the Committee, and requests MINUSCA to report on the contribution to SSR of this exemption, as part of its regular reports to the Council;

Supplies brought into the CAR by Chadian or Sudanese forces solely for their use in international patrols of the tripartite force established on 23 May 2011 in Khartoum by the CAR, Chad and Sudan, to enhance security in the common border areas, in cooperation with MINUSCA, as approved in advance by the Committee;

Supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as approved in advance by the Committee;

Protective clothing, including flak jackets and military helmets, temporarily exported to the CAR by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;

Supplies of small arms and other related equipment intended solely for use in international-led patrols providing security in the Sangha River Tri-national Protected Area to defend against poaching, smuggling of ivory and arms, and other activities contrary to the national laws of the CAR or the CAR’s international legal obligations, as notified in advance to the Committee;

Supplies of arms and other related lethal equipment to the CAR security forces, including State civilian law enforcement institutions, intended solely for support of or use in the CAR process of SSR, as approved in advance by the Committee; or

Other sales or supply of arms and related materiel, or provision of assistance or personnel, as approved in advance by the Committee;

Decides to authorize all Member States to, and that all Member States shall, upon discovery of items prohibited by paragraph 1 of this resolution, seize, register and dispose (such as through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal) items the supply, sale, transfer or export of which is prohibited by paragraph 1 of this resolution and decides further that all Member States shall cooperate in such efforts;

Reiterates its call upon the CAR authorities, with the assistance of MINUSCA and international partners, to address the illicit transfer, destabilizing accumulation and misuse of small arms and light weapons in the CAR, and to ensure the collection and/or destruction of surplus, seized, unmarked, or illicitly held weapons and ammunition and further stresses the importance of incorporating such elements into SSR and DDRR programmes;

Welcomes in this regard the creation of the “Commission nationale de lutte contre la prolifération et la circulation illicite des armes légères et de petit calibre (COMNAT-ALPC)” and calls on CAR authorities to fully operationalize it;

Further welcomes the establishment of MINUSCA’s arms embargo working group (AEWG), which aims to coordinate the mission’s efforts on the implementation of the arms embargo and to reinforce its role in countering arms trafficking, and encourages the AEWG to serve as a channel for information-sharing on arms trafficking and for recommendations on the control activities to be carried out including, when appropriate, the seizure of weapons, in pursuance of MINUSCA’s mandate as defined in paragraph 44 of resolution 2387 (2017);

Strongly encourages the CAR authorities to continue to increase their capacity, with the support of MINUSCA, the United Nations Mine Action Service (UNMAS), and other international partners, to store and manage weapons and ammunition in their possession, including those transferred from MINUSCA stocks, according to international best practices and norms, while ensuring that the FACA and internal security forces units receiving such weapons and ammunition are fully trained and vetted;

Encourages neighbouring States, in cooperation with the CAR authorities, to take effective action to counter the illicit flow of weapons and ammunition into the CAR and to ensure the traceability of the weapons and ammunition produced on their territories as required by the Kinshasa Convention for the Control of small arms and light weapons, their ammunition, parts and components that can be used for their manufacture, repair or assembly;

Encourages all Member States, in particular neighbouring States and Member States of the Economic Community of the Central African States (ECCAS) and of the Central African Economic and Monetary Community (CEMAC), to utilize the advance notification and exemption procedures pursuant to paragraph 1 of this resolution to return arms and related materiel of all types belonging to the FACA, or to implement technical assistance, training or other assistance related to military activities by the Central African national security and defence forces, and in this regard requests the Panel of Experts to provide the necessary assistance as per paragraph 32 (b) of this resolution;

Travel ban

Decides that, until 31 January 2019, all Member States shall continue to take the necessary measures to prevent the entry into or transit through their territories of individuals designated by the Committee, provided that nothing in this paragraph shall oblige a State to refuse its own nationals entry into its territory, and calls upon the CAR Government to enhance cooperation and information sharing with other States in this regard;

Encourages Member States, as appropriate and in accordance with their domestic law and applicable international legal instruments and framework documents, to require that airlines operating in their territories provide advance passenger information to the appropriate national authorities in order to detect the departure from their territories, or attempted entry into or transit through their territories, by means of civil aircraft, of individuals designated by the Committee;

Also encourages Member States to report any such departures from their territories, or such attempted entry into or transit through their territories, of such individuals to the Committee, as well as sharing this information with the State of residence or nationality, as appropriate and in accordance with domestic law and international obligations;

Urges the CAR authorities, in their implementation of the measures set out in paragraph 9 above, to ensure that fraudulent, counterfeit, stolen, and lost passports and other travel documents, as well as invalidated diplomatic passports, are removed from circulation, in accordance with domestic laws and practices, as soon as possible, and to share information on those documents with other Member States through the INTERPOL database;

Encourages Member States to submit, where available and in accordance with their national legislation, photographs and other biometric data of individuals designated by the Committee for inclusion in INTERPOL-United Nations Security Council Special Notices;

Decides that the measures imposed by paragraph 9 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 the CAR and stability in the region;

Emphasizes that violations of the travel ban can undermine the peace, stability or security of the CAR, observes that individuals or entities 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 on the implementation of the travel ban;

Asset freeze

Decides that all Member States shall, until 31 January 2019, continue to freeze without delay all funds, other financial assets and economic resources within 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 continue to 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, to or for the benefit of the individuals or entities designated by the Committee;

Decides that the measures imposed by paragraph 16 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; or

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 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;

Decides that Member States may permit the addition to the accounts frozen pursuant to the provisions of paragraph 16 above of interest 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 16 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 16 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 paragraphs 9 and 16 shall apply to the individuals and entities designated by the Committee as engaging in or providing support for acts that undermine the peace, stability or security of the CAR, including acts that threaten or impede the stabilization and reconciliation process or that fuel violence;

Further decides in this regard that the measures contained in paragraphs 9 and 16 shall also apply to the individuals and entities designated by the Committee as:

Acting in violation of the arms embargo established in paragraph 54 of resolution 2127 (2013) and extended by paragraph 1 of this resolution, or as having directly or indirectly supplied, sold, or transferred to armed groups or criminal networks in the CAR, or as having been the recipient of arms or any related materiel, or any technical advice, training, or assistance, including financing and financial assistance, related to violent activities of armed groups or criminal networks in the CAR;

Involved in planning, directing, or committing acts in the CAR that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, including those involving targeting of civilians, ethnic- or religious-based attacks, attacks on civilian objects, including administrative centers, courthouses, schools and hospitals, and abduction and forced displacement;

Involved in planning, directing or committing acts involving sexual and gender-based violence in the CAR;

Recruiting or using children in armed conflict in the CAR, in violation of applicable international law;

Providing support for armed groups or criminal networks through the illicit exploitation or trade of natural resources, including diamonds, gold, wildlife as well as wildlife products in or from the CAR;

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

Involved in planning, directing, sponsoring, or conducting attacks against UN missions or international security presences, including MINUSCA, the European Union training missions and French forces deployed under the conditions provided by paragraph 65 of resolution 2387 (2017) and which support them, as well as against humanitarian personnel;

Being leaders of an entity that the Committee has designated pursuant to paragraphs 36 or 37 of resolution 2134 (2014), paragraphs 11 or 12 of resolution 2196 (2015), paragraphs 12 or 13 of resolution 2262 (2016) or this resolution, or having provided support to, or acted for or on behalf of, or at the direction of, an individual or an entity that the Committee has designated pursuant to paragraphs 36 or 37 of resolution 2134 (2014), paragraphs 11 or 12 of resolution 2196 (2015), paragraphs 12 or 13 of resolution 2262 (2016), paragraphs 16 or 17 of resolution 2339 (2017) or this resolution, or an entity owned or controlled by a designated individual or entity;

Condemns all acts of incitement to violence, in particular on an ethnic or religious basis, that undermine the peace, stability or security of the CAR and decides that individuals and entities who commit such acts and then engage in or provide support for acts that undermine the peace, stability or security of the CAR could meet the designation criteria specified in paragraph 20 above;

Welcomes measures taken by Member States of the International Conference on the Great Lakes Region (ICGLR) to implement the Regional Initiative against Illegal Exploitation of Natural Resources as endorsed in the 2010 Lusaka Declaration, including promoting the use by economic actors of Due Diligence Frameworks such as the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas, and encourages all States, particularly those in the region, to continue to raise awareness of the due diligence guidelines;

Sanctions Committee

Decides that the mandate of the Committee shall apply with respect to the measures imposed in paragraphs 54 and 55 of resolution 2127 (2013) and paragraphs 30 and 32 of resolution 2134 (2014) extended by this resolution;

Emphasizes the importance of holding regular consultations with concerned Member States, international and regional and subregional organizations, as may be necessary, in particular neighbouring and regional States, in order to ensure full implementation of the measures renewed by this resolution, and in that regard encourages the Committee to consider, where and when appropriate, visits to selected countries by the Chair and/or Committee members;

Requests the Committee to identify possible cases of non-compliance with the measures pursuant to paragraphs 1, 2, 9 and 16 above and to determine the appropriate course of action on each case, and requests the Chair, in regular reports to the Council pursuant to paragraph 41 below, to provide progress reports on the Committee’s work on this issue;

Recalls the KP’s decision that the CAR may resume trade in rough diamonds from “compliant zones” established under conditions set forth by the KP, notes that the KP intends to keep the Security Council, the Committee and its Panel of Experts, and MINUSCA informed of its decisions and, requests the KP Chair of the Working Group on Monitoring to periodically update the Committee on the work of the KP CAR Monitoring Team, including any decisions on areas designated as “compliant zones” and decisions related to the trade of the stockpiles of rough diamonds held in the CAR;

Calls for enhanced vigilance from international trading centres and States in the region to support the CAR authorities’ efforts to re-establish legitimate trade and benefit from its natural resources; and commends the CAR for taking special measures to enhance traceability of diamonds from compliant zones so that diamonds are not used for the benefit of armed groups or to destabilize the CAR;

Acknowledges the KP’s progress on the issue of the diamond stockpiles, and encourages the KP to facilitate the resolution of the issue, in cooperation with the CAR authorities and in consultation with the Panel of Experts;

Panel of Experts

Expresses its full support for the Panel of Experts on the Central African Republic established pursuant to paragraph 59 of resolution 2127 (2013);

Decides to extend the mandate of the Panel of Experts until 28 February 2019, expresses its intent to review the mandate and take appropriate action regarding further extension no later than 31 January 2019 and requests the Secretary-General to take the necessary administrative measures as expeditiously as possible to support its action;

Decides that the mandate of the Panel of Experts shall include the following tasks, to:

Assist the Committee in carrying out its mandate as specified in this resolution;

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, including to facilitate, upon request by Member States, assistance on capacity-building;

Provide to the Security Council, after discussion with the Committee, a midterm report no later than 30 July 2018, and a final report by 31 December 2018, on the implementation of the measures imposed by paragraphs 54 and 55 of resolution 2127 (2013) and paragraphs 30 and 32 of resolution 2134 (2014) renewed by paragraphs 1, 2, 9 and 16 of this resolution;

Submit progress updates to the Committee, especially in situations of urgency, or as the Panel deems necessary;

Assist the Committee in refining and updating information on the list of individuals and entities designated by the Committee pursuant to the criteria renewed by paragraphs 20 and 21 above including through the provision of biometric information and additional information for the publicly available narrative summary of reasons for listing;

Assist the Committee by providing information regarding individuals and entities that may meet the designation criteria in paragraphs 20 and 21 above, including by reporting such information to the Committee, as it becomes available, and to include in its formal written reports, the names of potential designees, appropriate identifying information, and relevant information regarding why the individual or entity may meet the designation criteria in paragraphs 20 and 21 above;

Collect, in cooperation with MINUSCA, and report to the Committee acts of incitement to violence, in particular on an ethnic or religious basis, that undermine the peace, stability or security of the CAR and identify those perpetrators;

Cooperate with the KP CAR Monitoring Team to support the resumption of exports of rough diamonds from the CAR and report to the Committee if the resumption of trade is destabilizing the CAR or benefiting armed groups;

Calls upon the Panel of Experts to cooperate actively with other Panels or Groups of Experts established by the Security Council, as relevant to the implementation of their mandate;

Expresses particular concern about reports of illicit trafficking networks which continue to fund and supply armed groups in the CAR, and encourages the Panel, in the course of carrying out its mandate, to devote special attention to the analysis of such networks;

Requests the Panel of experts to include the necessary gender expertise, in line with paragraph 6 of resolution 2242 (2015), and encourages the Panel to integrate gender as a cross-cutting issue across its investigations and reporting;

Urges the CAR, its neighbouring States and other Member States of the ICGLR to cooperate at the regional level to investigate and combat criminal networks and armed groups involved in the illegal exploitation and smuggling of natural resources including gold, diamonds and wildlife poaching and trafficking;

Urges all parties, and all Member States, as well as international, regional and subregional organizations to ensure cooperation with the Panel of Experts and the safety of its members;

Further urges all Member States and all relevant United Nations bodies to ensure unhindered access, in particular to persons, documents and sites in order for the Panel of Experts to execute its mandate;

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

Reporting and review

Calls upon all States, particularly those in the region and those in which designated individuals and entities designated are based, 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 54 and 55 of resolution 2127 (2013) and paragraphs 30 and 32 of resolution 2134 (2014) renewed by paragraphs 1, 2, 9 and 16 of this resolution;

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 the CAR on the situation in the CAR as appropriate, and encourages the Chair to hold regular briefings for all interested Member States;

Affirms that it shall keep the situation in the CAR 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;

Requests in this regard the Secretariat to provide to the Security Council, within the next 6 months, benchmarks to assess the arms embargo measures according to the progress of the SSR, including FACA and internal security forces and their needs on the basis of option 3 of the letter of the Secretary General addressed to the President of the Security Council on 10 July 2017;

Decides to remain actively seized of the matter.