SC/7110
31 July 2001

SECURITY COUNCIL REQUESTS SECRETARY-GENERAL TO ESTABLISH MECHANISM FOR MONITORING SANCTIONS AGAINST TALIBAN

Unanimously Adopts Resolution 1363 (2001)

NEW YORK, 30 July (UN Headquarters) -- Determining that the situation in Afghanistan constitutes a threat to international peace and security in the region, the Security Council this afternoon requested the Secretary-General to establish a mechanism to monitor the implementation of its sanctions against the Afghan faction known as the Taliban, which also calls itself the Islamic Emirate of Afghanistan.

Those measures, imposed by resolutions 1267 (1999) and 1333 (2000), include an air and arms embargo and financial measures against the Taliban. By those texts, the Council demanded that the Taliban cease the provision of sanctuary and training for international terrorists and their organizations, close all camps where terrorists are trained, and halt all illegal drug activities. A decision was also taken to freeze funds and other financial assets of Usama Bin Laden and his associates and impose restrictions on their travel.

Acting under Chapter VII of the United Nations Charter, the Council unanimously adopted resolution 1363 (2001), by whose terms it also requested the Secretary-General to offer assistance towards the implementation of the sanctions to States bordering the territory of Afghanistan under Taliban control and other States concerned. The monitoring mechanism would also assess and verify information regarding violations of those measures, and would report and make recommendations in that respect.

Further by the resolution, the Council decided that the new monitoring mechanism was to be established within 30 days for a period running concurrently with the application of the measures imposed by resolution 1333. Bearing in mind the principle of equitable geographical distribution, the newly established mechanism would be composed of a Monitoring Group of up to five experts in New York and a Sanctions Enforcement Support Team of up to 15 members, under the coordination of the Monitoring Group, to be located in Afghanistan's neighbouring States. The Monitoring Group would report to the Committee established by resolution 1267 (1999).

The five experts in New York would monitor the implementation of all the measures, including those concerning the arms embargoes, counter-terrorism and related legislation and, in view of the link to the purchase of arms and financing of terrorism, of measures related to money laundering, financial transactions and drug trafficking. The members of the Support Team would have expertise in such areas as customs, border security and counter-terrorism.

Also by the terms of today's resolution, the Council called upon all States, the United Nations and concerned parties to cooperate in a full and timely manner with the monitoring mechanism. It urged all States to enforce and strengthen the measures under their domestic laws or regulations against individuals or entities operating on their territory, in order to prevent and punish violations of the sanctions against the Taliban. States were invited to report the results of all related investigations or enforcement actions to the Committee, unless that would compromise investigation or enforcement action.

The Council requested the Secretary-General to make the necessary arrangements to support the work of the monitoring mechanism, as an expense of the Organization and through a United Nations Trust Fund to be established for that purpose. It encouraged States to make contributions to the Fund and to contribute personnel, equipment and services to the monitoring mechanism.

The Council will meet to consider the United Nations Interim Force in Lebanon (UNIFIL) and the United Nations Observer Mission in Georgia (UNOMIG) tomorrow, 31 July.

Background

When the Security Council met this morning to consider the situation in Afghanistan, it had before it a letter dated 21 May from the Secretary-General, transmitting to the Council President the report of the Committee of Experts on Afghanistan appointed pursuant to Council resolution 1333 (2000) (document S/2001/511). Previously, the Council considered the matter in an open meeting on 5 June (see Press Release SC/7069).

On 15 October 1999, the Council adopted resolution 1267 (1999), in which it demanded that the Taliban hand over Usama bin Laden and cease the provision of sanctuary and training for international terrorists and their organizations.

The Taliban took no steps to comply with either provision. Consequently, on 19 December 2000, the Council adopted resolution 1333 (2000) to strengthen enforcement of resolution 1267 and impose further measures on the Taliban.

The Council decided, in paragraph 15 (a) of resolution 1333, to establish a committee of experts to make recommendations on how to monitor the arms embargo and the closure of terrorist training camps. A five-member committee, which was asked to report within 60 days, was formed and commenced its work on 19 March 2001.

In order to fulfil its mandate, the Committee undertook a series of fact-finding and information-gathering meetings with those States neighbouring Afghanistan or which have a specific involvement concerning the resolutions, that is, the countries referred to as the "six plus two" group -– China, Iran, Pakistan, Tajikistan, Turkmenistan, Uzbekistan, Russian Federation and the United States.

The Committee recommends that the arms embargo and the closure of the terrorist training camps can be best monitored by making use of the mechanism which each of Afghanistan’s neighbours has in place, and by enhancing those countries’ efforts with the establishment of sanctions enforcement support teams in each country. Those support teams, made up of customs, border security and counter-terrorism experts, should form the basis of a United Nations Office for Sanctions Monitoring and Coordination-Afghanistan.

The Office, headed by a Director and staffed with specialist officers, will support the work of the teams in the field, as well as task the teams to verify and report to the Sanctions Committee on allegations of sanctions-busting and progress being made, in each of the countries, to improve the effectiveness of their border control and counter-terrorism services. In the interest of safety and security and speed of implementation, the Committee recommends that the proposed sanctions enforcement support teams be based with the existing United Nations offices in the countries neighbouring Afghanistan.

Resolution

The full text of resolution 1363 (2001) reads as follows:

"The Security Council,

"Reaffirming its previous resolutions, in particular resolution 1267 (1999) of 15 October 1999 and resolution 1333 (2000) of 19 December 2000, as well as the statements of its President on the situation in Afghanistan,

"Determining that the situation in Afghanistan constitutes a threat to international peace and security in the region,

"Acting under Chapter VII of the Charter of the United Nations,

"1. Stresses the obligation under the Charter of the United Nations of all Member States to comply fully with the measures imposed by resolutions 1267 (1999) and 1333 (2000);

"2. Welcomes the report (S/2001/511) of the Committee of Experts established pursuant to resolution 1333 (2000), and notes the conclusions and recommendations contained therein, following consultations with the States bordering the territory of Afghanistan under Taliban control which it had visited;

"3. Requests the Secretary-General to establish, in consultation with the Committee established pursuant to resolution 1267 (1999), within 30 days of the date of adoption of this resolution and for a period running concurrently with the application of the measures imposed by resolution 1333 (2000), a mechanism:

"(a) to monitor the implementation of the measures imposed by resolutions 1267 (1999) and 1333 (2000);

"(b) to offer assistance to States bordering the territory of Afghanistan under Taliban control and other States, as appropriate, to increase their capacity regarding the implementation of the measures imposed by resolutions 1267 (1999) and 1333 (2000); and

"(c) to collate, assess, verify wherever possible, report and make recommendations on information regarding violations of the measures imposed by resolutions 1267 (1999) and 1333 (2000);

"4. Decides that the composition of the monitoring mechanism, bearing in mind, inter alia, equitable geographical distribution, should be comprised of:

"(a) a Monitoring Group in New York of up to five experts, including a Chairman, to monitor the implementation of all the measures imposed by resolutions 1267 (1999) and 1333 (2000), including in the fields of arms embargoes, counter-terrorism and related legislation and, in view of the link to the purchase of arms and financing of terrorism, money laundering, financial transactions and drug trafficking; and

"(b) a Sanctions Enforcement Support Team, under the coordination of the Monitoring Group, of up to fifteen members with expertise in areas such as: customs, border security and counter-terrorism, to be located in those States referred to in paragraph 2 above, in full consultation and in close cooperation with those States;

"5. Requests the Monitoring Group to report to the Committee established pursuant to resolution 1267 (1999) including through briefings of experts of the monitoring mechanism regarding the work of the monitoring mechanism as established in paragraph 3 above, and requests also the Sanctions Enforcement Support Team to report at least once a month to the Monitoring Group;

"6. Requests also the Committee established pursuant to resolution 1267 (1999) to report to the Security Council on the implementation of this resolution at regular intervals;

"7. Calls upon all States, the United Nations and concerned parties, to cooperate in a full and timely manner with the monitoring mechanism;

"8. Urges all States to take immediate steps to enforce and strengthen through legislative enactments or administrative measures, where appropriate, the measures imposed under their domestic laws or regulations against their nationals and other individuals or entities operating on their territory, to prevent and punish violations of the measures imposed by resolutions 1267 (1999) and 1333 (2000), and to inform the Committee established pursuant to resolution 1267 (1999) of the adoption of such measures, and invites States to report the results of all related investigations or enforcement actions to the Committee unless to do so would compromise the investigation or enforcement action;

"9. Requests the Secretary-General to make the necessary arrangements to support the work of the monitoring mechanism, as an expense of the Organization and through a United Nations Trust Fund established for this purpose, affirms that this Trust Fund will be established by the Secretary-General, encourages States to contribute to the Fund and to contribute, through the Secretary-General, personnel, equipment and services to the monitoring mechanism; and further requests the Secretary-General to keep the Committee established pursuant to resolution 1267 (1999) informed on a regular basis of the financial arrangements supporting the mechanism;

"10. Expresses its intention to review the implementation of the measures imposed by resolutions 1267 (1999) and 1333 (2000) on the basis of the information provided by the monitoring mechanism through the Committee established pursuant to resolution 1267 (1999);

"11 Decides to remain seized of the matter."

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