Security Council resolution 2083 (2012) [on extension of the mandate of the Office of the Ombudsperson and on measures imposed against individuals, groups, undertakings and entities associated with Al-Qaida]
Symbol: S/RES/2083 (2012)
Date: 2012-12-17
Status: adopted
Agenda: S/67 [31] TERRORISM
S/67 [38] SANCTIONS COMPLIANCE
Subjects: Qaida (Organization)|UN. Security Council. Office of the Ombudsperson|UN. Security Council. Analytical Support and Sanctions Monitoring Team Established pursuant to Resolution 1526 (2004)|Al-Qaida Sanctions List|Charter of the United Nations (1945). Chapter VII|SANCTIONS|SANCTIONS COMPLIANCE|FROZEN ASSETS|TRAVEL RESTRICTIONS|TERRORISM FINANCING|TERRORISM|COUNTER-TERRORISM|ILLICIT ARMS TRAFFICKING|OMBUDSMAN|INFORMATION EXCHANGE
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: AZERBAIJAN
vote: yes
country: CHINA
vote: yes
country: COLOMBIA
vote: yes
country: FRANCE
vote: yes
country: GERMANY
vote: yes
country: GUATEMALA
vote: yes
country: INDIA
vote: yes
country: MOROCCO
vote: yes
country: PAKISTAN
vote: yes
country: PORTUGAL
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SOUTH AFRICA
vote: yes
country: TOGO
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

                United Nations                                                                  S/RES/2083 (2012)*
                Security Council                                                 Distr.: General
                                                                                 17 December 2012




                Resolution 2083 (2012)
                Adopted by the Security Council at its 6890th meeting, on
                17 December 2012

                     The Security Council,
                     Recalling its resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1373 (2001),
                1390 (2002), 1452 (2002), 1455 (2003), 1526 (2004), 1566 (2004), 1617 (2005),
                1624 (2005), 1699 (2006), 1730 (2006), 1735 (2006), 1822 (2008), 1904 (2009),
                1988 (2011), and 1989 (2011), and the relevant statements of its President,
                      Reaffirming that terrorism in all its forms and manifestations constitutes one of
                the most serious threats to peace and security and that any acts of terrorism are
                criminal and unjustifiable regardless of their motivations, whenever and by
                whomsoever committed, and reiterating its unequivocal condemnation of Al-Qaida
                and other individuals, groups, undertakings and entities associated with it, for
                ongoing and multiple criminal terrorist acts aimed at causing the deaths of innocent
                civilians and other victims, destruction of property and greatly undermining
                stability,
                      Reaffirming that terrorism cannot and should not be associated with any
                religion, nationality or civilization,
                     Recalling the Presidential Statement of the Security Council (S/PRST/2012/17)
                of 4 May 2012 on threats to international peace and security caused by terrorist acts,
                     Reaffirming the need to combat by all means, in accordance with the Charter
                of the United Nations and international law, including applicable international
                human rights, refugee and humanitarian law, threats to international peace and
                security caused by terrorist acts, stressing in this regard the important role the
                United Nations plays in leading and coordinating this effort,
                     Expressing concern at the increase in incidents of kidnapping and hostagetaking by terrorist groups with the aim of raising funds, or gaining political
                concessions, and reiterating the continued need for this issue to be addressed,
                      Stressing that terrorism can only be defeated by a sustained and comprehensive
                approach involving the active participation and collaboration of all States, and
                international and regional organizations to impede, impair, isolate and incapacitate
                the terrorist threat,

            * Reissued for technical reasons on 20 December 2012.


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                     Emphasizing that sanctions are an important tool under the Charter of the
               United Nations in the maintenance and restoration of international peace and
               security, and stressing in this regard the need for robust implementation of the
               measures in paragraph 1 of this resolution as a significant tool in combating terrorist
               activity,
                     Urging all Member States to participate actively in maintaining and updating
               the list created pursuant to resolutions 1267 (1999), 1333 (2000) and 1989 (2011)
               (“the Al-Qaida Sanctions List”) by contributing additional information pertinent to
               current listings, submitting delisting requests when appropriate, and by identifying
               and nominating for listing additional individuals, groups, undertakings and entities
               which should be subject to the measures referred to in paragraph 1 of this resolution,
                     Reminding the Committee established pursuant to resolutions 1267 (1999) and
               1989 (2011) (“the Committee”) to remove expeditiously and on a case-by-case basis
               individuals and entities that no longer meet the criteria for listing outlined in this
               resolution,
                     Recognizing the challenges, both legal and otherwise, to the measures
               implemented by Member States under paragraph 1 of this resolution, welcoming
               improvements to the Committee’s procedures and the quality of the Al-Qaida
               Sanctions List, and expressing its intent to continue efforts to ensure that procedures
               are fair and clear,
                     Welcoming the establishment of the Office of the Ombudsperson pursuant to
               resolution 1904 (2009) and the enhancement of the Ombudsperson’s mandate in
               resolution 1989 (2011), noting the Office of the Ombudsperson’s significant
               contribution in providing additional fairness and transparency, recalling the Security
               Council’s firm commitment to ensuring that the Office of the Ombudsperson is able
               to continue to carry out its role effectively, in accordance with its mandate, and
               recalling also the Presidential Statement of the Security Council (S/PRST/2011/5)
               of 28 February 2011,
                    Welcoming the Ombudsperson’s biannual reports to the Security Council,
               including the reports submitted on 21 January 2011, 22 July 2011, 20 January 2012
               and 30 July 2012,
                    Reiterating that the measures referred to in paragraph 1 of this resolution are
               preventative in nature and are not reliant upon criminal standards set out under
               national law,
                    Welcoming the third review in June 2012 by the General Assembly of the
               United Nations Global Counter-Terrorism Strategy (A/RES/60/288) of 8 September
               2006 and the creation of the Counter-Terrorism Implementation Task Force (CTITF)
               to ensure overall coordination and coherence in the counter-terrorism efforts of the
               United Nations system,
                    Welcoming the continuing cooperation between the Committee and
               INTERPOL, the United Nations Office on Drugs and Crime, in particular on
               technical assistance and capacity-building, and all other United Nations bodies, and
               encouraging further engagement with the CTITF to ensure overall coordination and
               coherence in the counter-terrorism efforts of the UN system,
                     Recognizing the need to take measures to prevent and suppress the financing of
               terrorism and terrorist organizations, including from the proceeds of organized


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           crime, inter alia, the illicit production and trafficking of drugs and their chemical
           precursors, and the importance of continued international cooperation to that aim,
                Noting with concern the continued threat posed to international peace and
           security by Al-Qaida and other individuals, groups, undertakings and entities
           associated with it, reaffirming its resolve to address all aspects of that threat,
                 Noting that, in some instances, certain individuals, groups, undertakings and
           entities that meet the criteria for listing set forth in paragraph 3 of resolution 1988
           (2011) or other relevant sanctions resolutions may also meet the criteria for listing
           set forth in paragraph 4 of this resolution,
                Acting under Chapter VII of the Charter of the United Nations,

           Measures
                1.    Decides that all States shall take the measures as previously imposed by
           paragraph 8 (c) of resolution 1333 (2000), paragraphs 1 and 2 of resolution 1390
           (2002), and paragraphs 1 and 4 of resolution 1989 (2011), with respect to Al-Qaida
           and other individuals, groups, undertakings and entities associated with them:
                 (a) 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;
                 (b) 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;
                 (c) 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;
                2.   Reaffirms that acts or activities indicating that an individual, group,
           undertaking or entity is associated with Al-Qaida include:
                (a) 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;
                (b)   Supplying, selling or transferring arms and related materiel to;
                (c) Recruiting for; or otherwise supporting acts or activities of Al-Qaida or
           any cell, affiliate, splinter group or derivative thereof;




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                    3.    Confirms that any individual, group, undertaking or entity either owned
               or controlled, directly or indirectly, by, or otherwise supporting, any individual,
               group, undertaking or entity associated with Al-Qaida, including on the Al-Qaida
               Sanctions List, shall be eligible for designation;
                    4.    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
               Al-Qaida and other individuals, groups, undertakings or entities associated with it;
                    5.   Notes that such means of financing or support include but are not limited
               to the use of proceeds derived from crime, including the illicit cultivation,
               production and trafficking of narcotic drugs and their precursors;
                    6.    Confirms further that the requirements in paragraph 1 (a) above shall also
               apply to the payment of ransoms to individuals, groups, undertakings or entities on
               the Al-Qaida Sanctions List;
                     7.   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;
                     8.   Encourages Member States to make use of the provisions regarding
               available exemptions to the measures in paragraph 1 (a) above, set out in
               paragraphs 1 and 2 of resolution 1452 (2002), as amended by resolution 1735
               (2006), and authorizes the Focal Point mechanism established in resolution 1730
               (2006) to receive exemption requests submitted by, or on behalf of, an individual,
               group, undertaking or entity on the Al-Qaida Sanctions List, or by the legal
               representative or estate of such individual, group, undertaking or entity, for
               Committee consideration, as described in paragraph 37 below;
                    9.   Directs the Committee to cooperate with other relevant Security Council
               Sanctions Committees, in particular that established pursuant to resolution 1988
               (2011);

               Listing
                     10. Encourages all Member States to submit to the Committee for inclusion
               on the Al-Qaida Sanctions List names of individuals, groups, undertakings and
               entities participating, by any means, in the financing or support of acts or activities
               of Al-Qaida, and other individuals, groups, undertakings and entities associated with
               them, as described in paragraph 2 of resolution 1617 (2005) and reaffirmed in
               paragraph 2 above;
                     11. Reaffirms that, when proposing names to the Committee for inclusion on
               the Al-Qaida Sanctions List, Member States shall act in accordance with
               paragraph 5 of resolution 1735 (2006) and paragraph 12 of resolution 1822 (2008),
               and provide a statement of case, which should include detailed reasons on the
               proposed basis for the listing, 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 14 below;




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                 12. Decides that Member States proposing a new designation, as well as
           Member States that have proposed names for inclusion on the Al-Qaida Sanctions
           List before the adoption of this resolution, shall specify if the Committee or the
           Ombudsperson may not make known the Member State’s status as a designating
           State;
                 13. Recalls its decision that Member States, when proposing names to the
           Committee for inclusion on the Al-Qaida Sanctions List shall use the standard form
           for listing, and provide the Committee with 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 Special Notice, and directs the Committee to update, as
           necessary, the standard form for listing in accordance with the provisions of this
           resolution; and further directs the Monitoring Team to report to the Committee on
           further steps that could be taken to improve identifying information, as well as steps
           to ensure that INTERPOL-UN Special Notices exist for all listed individuals,
           groups, undertakings, and entities;
                 14. Welcomes efforts by 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 Al-Qaida Sanctions
           List, a narrative summary of reasons for listing for the corresponding entry, and
           directs the Committee, with the assistance of the Monitoring Team and in
           coordination with the relevant designating States, to continue its efforts to make
           accessible on the Committee’s website narrative summaries of reasons for all
           listings;
                 15. Encourages Member States and relevant international organizations and
           bodies to inform the Committee of any relevant court decisions and proceedings so
           that the Committee can consider them when it reviews a corresponding listing or
           updates a narrative summary of reasons for listing;
                 16. Calls upon all members of the Committee and the Monitoring Team to
           share with the Committee any 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 designation and provide additional material for the
           narrative summary of reasons for listing described in paragraph 14;
                 17. Reaffirms that the Secretariat shall, after publication but within three
           working days after a name is added to the Al-Qaida Sanctions List, notify the
           Permanent Mission of the country or countries where the individual or entity is
           believed to be located and, in the case of individuals, the country of which the
           person is a national (to the extent this information is known), in accordance with
           paragraph 10 of resolution 1735 (2006), 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
           Al-Qaida Sanctions List, and highlights the importance of making the narrative
           summary of reasons for listing available in all official languages of the United
           Nations in a timely manner;
                18. Reaffirms further the provisions in paragraph 17 of resolution 1822
           (2008) regarding the requirement that Member States take all possible measures, in



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               accordance with their domestic laws and practices, to notify or inform in a timely
               manner the listed individual or entity of the designation and to include with this
               notification the narrative summary of reasons for listing, a description of the effects
               of designation, as provided in the relevant resolutions, the Committee’s procedures
               for considering delisting requests, including the possibility of submitting such a
               request to the Ombudsperson in accordance with paragraph 21 of resolution 1989
               (2011) and annex II of this resolution, and the provisions of resolution 1452 (2002)
               regarding available exemptions;

               Delisting/Ombudsperson
                     19. Decides to extend the mandate of the Office of the Ombudsperson,
               established by resolution 1904 (2009), as reflected in the procedures outlined in
               annex II of this resolution, for a period of thirty months from the date of adoption of
               this resolution, decides that the Ombudsperson shall continue to receive requests
               from individuals, groups, undertakings or entities seeking to be removed from the
               Al-Qaida Sanctions List in an independent and impartial manner and shall neither
               seek nor receive instructions from any government, and decides that the
               Ombudsperson shall present to the Committee observations and a recommendation
               on the delisting of those individuals, groups, undertakings or entities that have
               requested removal from the Al-Qaida Sanctions List through the Office of the
               Ombudsperson, either a recommendation to retain the listing or a recommendation
               that the Committee consider delisting;
                     20. Recalls its decision that the requirement for States to take the measures
               described in paragraph 1 of this resolution shall remain in place with respect to that
               individual, group, undertaking or entity, where the Ombudsperson recommends
               retaining the listing in the Comprehensive Report of the Ombudsperson on a
               delisting request pursuant to annex II;
                     21. Recalls its decision that the requirement for States to take the measures
               described in paragraph 1 of this resolution shall terminate with respect to that
               individual, group, undertaking or entity sixty days after the Committee completes
               consideration of a Comprehensive Report of the Ombudsperson, in accordance with
               annex II of this resolution, including paragraph 6 (h) thereof, where the
               Ombudsperson recommends that the Committee consider delisting, unless the
               Committee decides by consensus before the end of that sixty-day period that the
               requirement shall remain in place with respect to that individual, group, undertaking
               or entity; provided that, in cases where consensus does not exist, the Chair shall, on
               the request of a Committee Member, submit the question of whether to delist that
               individual, group, undertaking or entity to the Security Council for a decision within
               a period of sixty days; and provided further that, in the event of such a request, the
               requirement for States to take the measures described in paragraph 1 of this
               resolution shall remain in force for that period with respect to that individual, group,
               undertaking or entity until the question is decided by the Security Council;
                     22. Requests the Secretary-General to continue to strengthen the capacity of
               the Office of the Ombudsperson by providing necessary resources, including for
               translation services, as appropriate, to ensure its continued ability to carry out its
               mandate in an effective and timely manner;
                  23. Strongly urges Member States to provide all relevant information to the
               Ombudsperson, including any relevant confidential information, where appropriate,


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           encourages Member States to provide relevant information in a timely manner,
           welcomes those national arrangements entered into by Member States with the
           Office of the Ombudsperson to facilitate the sharing of confidential information,
           encourages Member States’ further cooperation in this regard, and confirms that the
           Ombudsperson must comply with any confidentiality restrictions that are placed on
           such information by Member States providing it;
                 24. Requests that Member States and relevant international organizations and
           bodies encourage individuals and entities that are considering challenging or are
           already in the process of challenging their listing through national and regional
           courts to seek removal from the Al-Qaida Sanctions List by submitting delisting
           petitions to the Office of the Ombudsperson;
                 25. Notes the Financial Action Task Force (FATF) international standards
           and, inter alia, best practices relating to targeted financial sanctions, as referenced in
           paragraph 44 of this resolution;
                 26. Recalls its decision that when the designating State submits a delisting
           request, the requirement for States to take the measures described in paragraph 1 of
           this resolution shall terminate with respect to that individual, group, undertaking or
           entity after sixty days unless the Committee decides by consensus before the end of
           that sixty-day period that the measures shall remain in place with respect to that
           individual, group, undertaking or entity; provided that, in cases where consensus
           does not exist, the Chair shall, on the request of a Committee Member, submit the
           question of whether to delist that individual, group, undertaking or entity to the
           Security Council for a decision within a period of sixty days; and provided further
           that, in the event of such a request, the requirement for States to take the measures
           described in paragraph 1 of this resolution shall remain in force for that period with
           respect to that individual, group, undertaking or entity until the question is decided
           by the Security Council;
                27. Recalls its decision that, for purposes of submitting a delisting request in
           paragraph 26, consensus must exist between or among all designating States in cases
           where there are multiple designating States; and further recalls its decision that
           co-sponsors of listing requests shall not be considered designating States for
           purposes of paragraph 26;
                 28. Strongly urges designating States to allow the Ombudsperson to reveal
           their identities as designating States, to those listed individuals and entities that have
           submitted delisting petitions to the Ombudsperson;
                 29. Directs the Committee to continue to work, in accordance with its
           guidelines, to consider delisting requests of Member States for the removal from the
           Al-Qaida Sanctions List of individuals, groups, undertakings and entities that are
           alleged to no longer meet the criteria established in the relevant resolutions, and set
           out in paragraph 2 of the present resolution, which shall be placed on the
           Committee’s agenda upon request of a member of the Committee, and strongly
           urges Member States to provide reasons for submitting their delisting requests;
                 30. Encourages States to submit delisting requests for individuals that are
           officially confirmed to be dead, particularly where no assets are identified, and for
           entities reported or confirmed to have ceased to exist, while at the same time taking
           all reasonable measures to ensure that the assets that had belonged to these



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               individuals or entities have not been or will not be transferred or distributed to other
               individuals, groups, undertakings and entities on the Al-Qaida Sanctions List;
                     31. Encourages Member States, when unfreezing the assets of a deceased
               individual or an entity that is reported or confirmed to have ceased to exist as a
               result of a delisting, to recall the obligations set forth in resolution 1373 (2001) and,
               particularly, to prevent unfrozen assets from being used for terrorist purposes;
                     32. Decides that, prior to the unfreezing of any assets that have been frozen
               as a result of the listing of Usama bin Laden, Member States shall submit to the
               Committee a request to unfreeze such assets and shall provide assurances to the
               Committee that the assets will not be transferred, directly or indirectly, to a listed
               individual, group, undertaking or entity, or otherwise used for terrorist purposes in
               line with Security Council resolution 1373 (2001), and decides further that such
               assets may only be unfrozen in the absence of an objection by a Committee member
               within thirty days of receiving the request, and stresses the exceptional nature of
               this provision, which shall not be considered as establishing a precedent;
                     33. Calls upon the Committee when considering delisting requests to give
               due consideration to the opinions of designating State(s), State(s) of residence,
               nationality, location or incorporation, and other relevant States as determined by the
               Committee, directs Committee members to provide their reasons for objecting to
               delisting requests at the time the request is objected to, and calls upon the
               Committee to share its reasons with relevant Member States and national and
               regional courts and bodies, where appropriate;
                     34. Encourages all Member States, including designating States and States of
               residence and nationality, to provide all information to the Committee relevant to
               the Committee’s review of delisting petitions, and to meet with the Committee, if
               requested, to convey their views on delisting requests, and further encourages the
               Committee, where appropriate, to meet with representatives of national or regional
               organizations and bodies that have relevant information on delisting petitions;
                     35. Confirms that the Secretariat shall, within 3 days after a name is removed
               from the Al-Qaida Sanctions List, notify the Permanent Mission of the State(s) of
               residence, nationality, location or incorporation (to the extent this information is
               known), and decides that States receiving such notification shall take measures, in
               accordance with their domestic laws and practices, to notify or inform the concerned
               individual or entity of the delisting in a timely manner;

               Exemptions
                     36. Decides that, in cases in which the Ombudsperson is unable to interview
               a petitioner in his or her state of residence, the Ombudsperson may request, with the
               agreement of the petitioner, that the Committee consider granting an exemption to
               the restriction on travel in paragraph 1 (b) of this resolution for the sole purpose of
               allowing the petitioner to travel to another State to be interviewed by the
               Ombudsperson for a period no longer than necessary to participate in this interview,
               provided that all States of transit and destination do not object to such travel, and
               further directs the Committee to notify the Ombudsperson of the Committee’s
               decision;
                    37. Decides that the Focal Point mechanism established in resolution 1730
               (2006) may:


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                 (a) Receive requests from listed individuals, groups, undertakings, and
           entities for exemptions to the measures outlined in paragraph 1 (a) of this resolution,
           as defined in resolution 1452 (2002) provided that the request has first been
           submitted for the consideration of the State of residence, and decides further that the
           Focal Point shall transmit such requests to the Committee for a decision, directs the
           Committee to consider such requests, including in consultation with the State of
           residence and any other relevant States, and further directs the Committee, through
           the Focal Point, to notify such individuals, groups, undertaking or entities of the
           Committee’s decision;
                 (b) Receive requests from listed individuals for exemptions to the measures
           outlined in paragraph 1 (b) of this resolution and transmit these to the Committee to
           determine, on a case-by-case basis, whether entry or transit is justified, directs the
           Committee to consider such requests in consultation with States of transit and
           destination and any other relevant States, and decides further that the Committee
           shall only agree to exemptions to the measures in paragraph 1 (b) of this resolution
           with the agreement of the States of transit and destination, and further directs the
           Committee, through the Focal Point, to notify such individuals of the Committee’s
           decision;

           Review and maintenance of the Al-Qaida Sanctions List
                 38. Encourages all Member States, in particular designating States and States
           of residence or nationality, to submit to the Committee additional identifying and
           other information, 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;
                 39. Requests the Monitoring Team to circulate to the Committee every six
           months a list of individuals and entities on the Al-Qaida Sanctions List whose
           entries lack identifiers necessary to ensure effective implementation of the measures
           imposed upon them, and directs the Committee to review these listings to decide
           whether they remain appropriate;
                 40. Reaffirms that the Monitoring Team should circulate to the Committee
           every six months a list of individuals on the Al-Qaida Sanctions List who are
           reportedly deceased, along with an assessment of relevant information such as the
           certification of death, 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 these listings to decide
           whether they remain appropriate, and calls upon the Committee to remove listings
           of deceased individuals, where credible information regarding death is available;
                41. Reaffirms that the Monitoring Team should circulate to the Committee
           every six months a list of entities on the Al-Qaida Sanctions List that are reported or
           confirmed to have ceased to exist, along with an assessment of any relevant
           information, directs the Committee to review these listings to decide whether they
           remain appropriate, and calls upon the Committee to remove such listings where
           credible information is available;
                42. Further directs the Committee, in light of the completion of the review
           described in paragraph 25 of resolution 1822 (2008), to conduct an annual review of



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               all names on the Al-Qaida Sanctions List that have not been reviewed in three or
               more years (“the triennial review”), in which the relevant names are circulated to
               the designating States and States of residence, nationality, location or incorporation,
               where known, pursuant to the procedures set forth in the Committee guidelines, to
               ensure the Al-Qaida Sanctions List is as updated and accurate as possible through
               identifying listings that no longer remain appropriate and confirming listings that
               remain appropriate, and notes that the Committee’s consideration of a delisting
               request after the date of adoption of this resolution, pursuant to the procedures set
               out in annex II of this resolution, should be considered equivalent to a review
               conducted pursuant to paragraph 26 of resolution 1822 (2008);

               Measures implementation
                     43. Reiterates the importance of all States identifying, and if necessary
               introducing, adequate procedures to implement fully all aspects of the measures
               described in paragraph 1 above; and recalling paragraph 7 of resolution 1617
               (2005), strongly urges all Member States to implement the comprehensive
               international standards embodied in the Financial Action Task Force’s (FATF)
               revised Forty Recommendations on Combating Money Laundering and the
               Financing of Terrorism and Proliferation, particularly Recommendation 6 on
               targeted financial sanctions related to terrorism and terrorist financing;
                     44. Strongly urges Member States to apply the elements in FATF’s
               Interpretive Note to Recommendation 6, and to take note of, inter alia, related best
               practices for effective implementation of targeted financial sanctions related to
               terrorism and terrorist financing, and takes note of the need to have appropriate
               legal authorities and procedures to apply and enforce targeted financial sanctions
               that are not conditional upon the existence of criminal proceedings, and to apply an
               evidentiary standard of proof of “reasonable grounds” or “reasonable basis”, as well
               as the ability to collect or solicit as much information as possible from all relevant
               sources;
                     45. Directs the Committee to continue to ensure that fair and clear
               procedures exist for placing individuals and entities on the Al-Qaida List and for
               removing them as well as for granting exemptions per resolution 1452 (2002), and
               directs the Committee to keep its guidelines under active review in support of these
               objectives;
                    46. Directs the Committee, as a matter of priority, to review its guidelines
               with respect to the provisions of this resolution, in particular paragraphs 8, 10, 12,
               13, 19, 22, 23, 32, 36, 37, 59, 60, 61 and 62;
                    47. Encourages Member States, including through their permanent missions,
               and relevant international organizations to meet the Committee for in-depth
               discussion on any relevant issues;
                    48. Requests the Committee to report to the Council on its findings regarding
               Member States’ implementation efforts, and identify and recommend steps
               necessary to improve implementation;
                    49. Directs the Committee to identify possible cases of non-compliance with
               the measures pursuant to paragraph 1 above and to determine the appropriate course
               of action on each case, and requests the Chair, in periodic reports to the Council



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           pursuant to paragraph 59 below, to provide progress reports on the Committee’s
           work on this issue;
                 50. Urges all Member States, in their implementation of the measures set out
           in paragraph 1 above, to ensure that fraudulent, counterfeit, stolen and lost passports
           and other travel documents are invalidated and 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;
                 51. Encourages Member States to share, in accordance with their domestic
           laws and practices, with the private sector information in their national databases
           related to fraudulent, counterfeit, stolen and lost identity or travel documents
           pertaining to their own jurisdictions, and, if a listed party is found to be using a false
           identity including to secure credit or fraudulent travel documents, to provide the
           Committee with information in this regard;
                 52. Encourages Member States that issue travel documents to listed
           individuals to note, as appropriate, that the bearer is subject to the travel ban and
           corresponding exemption procedures;
                 53. Confirms that no matter should be left pending before the Committee for
           a period longer than six months, unless the Committee determines on a case-by-case
           basis that extraordinary circumstances require additional time for consideration, in
           accordance with the Committee’s guidelines;
                54. Encourages designating States to inform the Monitoring Team whether a
           national court or other legal authority has reviewed an individual’s case and whether
           any judicial proceedings have begun, and to include any other relevant information
           when it submits its standard form for listing;
                55. Requests the Committee to facilitate, through the Monitoring Team or
           specialized United Nations agencies, assistance on capacity-building for enhancing
           implementation of the measures, upon request by Member States;

           Coordination and outreach
                 56. Reiterates the need to enhance ongoing cooperation among the
           Committee, the Counter-Terrorism Committee (CTC) and the Committee established
           pursuant to resolution 1540 (2004), as well as their respective groups of experts,
           including through, as appropriate, enhanced information-sharing, coordination on
           visits to countries within their respective mandates, on facilitating and monitoring
           technical assistance, on relations with international and regional organizations and
           agencies and on other issues of relevance to all three committees, expresses its
           intention to provide guidance to the committees on areas of common interest in
           order better to coordinate their efforts and facilitate such cooperation, and requests
           the Secretary-General to make the necessary arrangements for the groups to be
           co-located as soon as possible;
                 57. Encourages the Monitoring Team and the United Nations Office on
           Drugs and Crime, to continue their joint activities, in cooperation with the Counter-Terrorism Executive Directorate (CTED) and 1540 Committee experts to assist
           Member States in their efforts to comply with their obligations under the relevant
           resolutions, including through organizing regional and subregional workshops;



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                     58. Requests the Committee to consider, where and when appropriate, visits
               to selected countries by the Chair and/or Committee members to enhance the full
               and effective implementation of the measures referred to in paragraph 1 above, with
               a view to encouraging States to comply fully with this resolution and resolutions
               1267 (1999), 1333 (2000), 1390 (2002), 1455 (2003), 1526 (2004), 1617 (2005),
               1735 (2006), 1822 (2008), 1904 (2009) and 1989 (2011);
                     59. 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 and the
               Monitoring Team, and, as appropriate, in conjunction with the reports by the Chairs
               of CTC and the Committee established pursuant to resolution 1540 (2004),
               expresses its intention to hold informal consultations at least once per year on the
               work of the Committee, on the basis of reports from the Chair to the Council, and
               further requests the Chair to hold periodic briefings for all interested Member
               States;

               Monitoring Team
                     60. Decides, in order to assist the Committee in fulfilling its mandate, as
               well as to support the Ombudsperson, to extend the mandate of the current New
               York-based Monitoring Team and its members, established pursuant to paragraph 7
               of resolution 1526 (2004), for a further period of thirty months, under the direction
               of the Committee with the responsibilities outlined in annex I, and requests the
               Secretary-General to make the necessary arrangements to this effect;
                    61. Directs the Monitoring Team to identify, gather information on, and keep
               the Committee informed of instances and common patterns of non-compliance with
               the measures imposed in this resolution, as well as to facilitate, upon request by
               Member States, assistance on capacity-building, requests the Monitoring Team to
               work closely with State(s) of residence, nationality, location or incorporation,
               designating States and other relevant States, and further directs the Monitoring
               Team to provide recommendations to the Committee on actions taken to respond to
               non-compliance;
                     62. Directs the Committee, with the assistance of its Monitoring Team, to
               hold special meetings on important thematic or regional topics and Member States’
               capacity challenges, in consultation, as appropriate, with the 1373 Committee and
               its Executive Directorate, CTITF, and with the Financial Action Task Force to
               identify and prioritize areas for the provision of technical assistance to enable more
               effective implementation by Member States;

               Reviews
                    63. Decides to review the measures described in paragraph 1 above with a
               view to their possible further strengthening in eighteen months, or sooner if
               necessary;
                    64.   Decides to remain actively seized of the matter.




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Annex I
                In accordance with paragraph 60 of this resolution, the Monitoring Team shall
           operate under the direction of the Committee and shall have the following
           responsibilities:
                 (a) To submit, in writing, two comprehensive, independent reports to the
           Committee, one by 31 June 2013, and the second by 31 December 2013, 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;
                (b) To assist the Ombudsperson in carrying out his or her mandate as
           specified in annex II of this resolution, including by providing updated information
           on those individuals, groups, undertakings or entities seeking their removal from the
           Al-Qaida Sanctions List;
                 (c) To assist the Committee in regularly reviewing names on the Al-Qaida
           Sanctions List, including by undertaking travel and contact with Member States,
           with a view to developing the Committee’s record of the facts and circumstances
           relating to a listing;
                (d) To analyse reports submitted pursuant to paragraph 6 of resolution 1455
           (2003), the checklists submitted pursuant to paragraph 10 of resolution 1617 (2005),
           and other information submitted by Member States to the Committee, as instructed
           by the Committee;
                 (e) 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;
                 (f) To submit a comprehensive program 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,
           based on close coordination with CTED and the 1540 Committee’s group of experts
           to avoid duplication and reinforce synergies;
                 (g) To work closely and share information with CTED and the 1540
           Committee’s group of experts to identify areas of convergence and overlap and to
           help facilitate concrete coordination, including in the area of reporting, among the
           three Committees;
                 (h) To participate actively in and support all relevant activities under the
           United Nations Global Counter-Terrorism Strategy including within the Counter-Terrorism Implementation Task Force, established to ensure overall coordination
           and coherence in the counter-terrorism efforts of the United Nations system, in
           particular through its relevant working groups;
                 (i) 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 collating information collected from Member States and
           engaging with suspected non-compliant parties, and submitting case studies, both on
           its own initiative and upon the Committee’s request, to the Committee for its
           review;




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                    (j) 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 Al-Qaida
               Sanctions List;
                    (k) 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 14;
                     (l) 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;
                     (m) To consult with Member States in advance of travel to selected Member
               States, based on its program of work as approved by the Committee;
                     (n) To coordinate and cooperate with the national counter-terrorism focal
               point or similar coordinating body in the country of visit, where appropriate;
                    (o) To encourage Member States to submit names and additional identifying
               information for inclusion on the Al-Qaida Sanctions List, as instructed by the
               Committee;
                     (p) To present to the Committee additional identifying and other information
               to assist the Committee in its efforts to keep the Al-Qaida Sanctions List as updated
               and accurate as possible;
                     (q) To study and report to the Committee on the changing nature of the threat
               of Al-Qaida and the best measures to confront it, including by developing a dialogue
               with relevant scholars and academic bodies, in consultation with the Committee;
                     (r) To collate, assess, monitor and report on and make recommendations
               regarding implementation of the measures, including implementation of the measure
               in paragraph 1 (a) of this resolution as it pertains to preventing the criminal misuse
               of the Internet by Al-Qaida, and other individuals, groups, undertakings and entities
               associated with it; to pursue case studies, as appropriate; and to explore in depth any
               other relevant issues as directed by the Committee;
                    (s) To consult with Member States and other relevant organizations,
               including regular dialogue with representatives in New York and in capitals, taking
               into account their comments, especially regarding any issues that might be
               contained in the Monitoring Team’s reports referred to in paragraph (a) of this
               annex;
                    (t) 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;
                    (u) 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;
                   (v) To work with relevant international and regional organizations in order to
               promote awareness of, and compliance with, the measures;
                    (w) To assist the Committee in facilitating assistance on capacity-building for
               enhancing implementation of the measures, upon request by Member States;


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                 (x) To work with INTERPOL and Member States to obtain photographs of
           listed individuals for possible inclusion in INTERPOL Special Notices, and to work
           with INTERPOL to ensure that INTERPOL-UN Special Notices exist for all listed
           individuals, groups, undertakings, and entities;
                 (y) 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), and to work with the Secretariat to discuss measures to
           standardize the format of all United Nations sanctions lists so as to facilitate
           implementation by national authorities;
                (z) 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;
                 (aa) To report periodically, as appropriate, to the Committee on linkages
           between Al-Qaida and those individuals, groups, undertakings or entities eligible for
           designation under paragraph 1 of resolution 2082 (2012) or any other relevant
           sanctions resolutions; and
                (bb) Any other responsibility identified by the Committee.




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Annex II
                     In accordance with paragraph 19 of this resolution, the Office of the
               Ombudsperson shall be authorized to carry out the following tasks upon receipt of a
               delisting request submitted by, or on behalf of, an individual, group, undertaking or
               entity on the Al-Qaida Sanctions List or by the legal representative or estate of such
               individual, group, undertaking or entity (“the petitioner”).
                     The Council recalls that Member States are not permitted to submit delisting
               petitions on behalf of an individual, group, undertaking or entity to the Office of the
               Ombudsperson.

               Information gathering (four months)
               1.   Upon receipt of a delisting request, the Ombudsperson shall:
                    (a)   Acknowledge to the petitioner the receipt of the delisting request;
                    (b) Inform the petitioner of the general procedure for processing delisting
               requests;
                    (c) Answer specific questions from the petitioner about Committee
               procedures;
                      (d) Inform the petitioner in case the petition fails to properly address the
               original designation criteria, as set forth in paragraph 2 of this resolution, and return
               it to the petitioner for his or her consideration; and,
                    (e) Verify if the request is a new request or a repeated request and, if it is a
               repeated request to the Ombudsperson and it does not contain any additional
               information, return it to the petitioner for his or her consideration.
               2.    For delisting petitions not returned to the petitioner, the Ombudsperson shall
               immediately forward the delisting request to the members of the Committee,
               designating State(s), State(s) of residence and nationality or incorporation, relevant
               United Nations bodies, and any other States deemed relevant by the Ombudsperson.
               The Ombudsperson shall ask these States or relevant United Nations bodies to
               provide, within four months, any appropriate additional information relevant to the
               delisting request. The Ombudsperson may engage in dialogue with these States to
               determine:
                    (a) These States’ opinions on whether the delisting request should be
               granted; and
                     (b) Information, questions or requests for clarifications that these States
               would like to be communicated to the petitioner regarding the delisting request,
               including any information or steps that might be taken by a petitioner to clarify the
               delisting request.
               3.  The Ombudsperson shall also immediately forward the delisting request to the
               Monitoring Team, which shall provide to the Ombudsperson, within four months:
                     (a) All information available to the Monitoring Team that is relevant to the
               delisting request, including court decisions and proceedings, news reports, and
               information that States or relevant international organizations have previously
               shared with the Committee or the Monitoring Team;



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                 (b) Fact-based assessments of the information provided by the petitioner that
           is relevant to the delisting request; and
                 (c) Questions or requests for clarifications that the Monitoring Team would
           like asked of the petitioner regarding the delisting request.
           4.    At the end of this four-month period of information gathering, the
           Ombudsperson shall present a written update to the Committee on progress to date,
           including details regarding which States have supplied information, and any
           significant challenges encountered therein. The Ombudsperson may extend this
           period once for up to two months if he or she assesses that more time is required for
           information gathering, giving due consideration to requests by Member States for
           additional time to provide information.

           Dialogue (two months)
           5.    Upon completion of the information gathering period, the Ombudsperson shall
           facilitate a two-month period of engagement, which may include dialogue with the
           petitioner. Giving due consideration to requests for additional time, the
           Ombudsperson may extend this period once for up to two months if he or she
           assesses that more time is required for engagement and the drafting of the
           Comprehensive Report described in paragraph 7 below. The Ombudsperson may
           shorten this time period if he or she assesses less time is required.
           6.   During this period of engagement, the Ombudsperson:
                 (a) May ask the petitioner questions or request additional information or
           clarifications that may help the Committee’s consideration of the request, including
           any questions or information requests received from relevant States, the Committee
           and the Monitoring Team;
                  (b) Should request from the petitioner a signed statement in which the
           petitioner declares that they have no ongoing association with Al-Qaida, or any cell,
           affiliate, splinter group, or derivative thereof, and undertakes not to associate with
           Al-Qaida in the future;
                (c)   Should meet with the petitioner, to the extent possible;
                 (d) Shall forward replies from the petitioner back to relevant States, the
           Committee and the Monitoring Team and follow up with the petitioner in connection
           with incomplete responses by the petitioner;
                (e) Shall coordinate with States, the Committee and the Monitoring Team
           regarding any further inquiries of, or response to, the petitioner;
                 (f) During the information gathering or dialogue phase, the Ombudsperson
           may share with relevant States information provided by a State, including that
           State’s position on the delisting request, if the State which provided the information
           consents;
                 (g) In the course of the information gathering and dialogue phases and in the
           preparation of the report, the Ombudsperson shall not disclose any information
           shared by a state on a confidential basis, without the express written consent of that
           state; and,




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                     (h) During the dialogue phase, the Ombudsperson shall give serious
               consideration to the opinions of designating states, as well as other Member States
               that come forward with relevant information, in particular those Member States
               most affected by acts or associations that led to the original designation.
               7.   Upon completion of the period of engagement described above, the
               Ombudsperson, with the help of the Monitoring Team, shall draft and circulate to
               the Committee a Comprehensive Report that will exclusively:
                     (a) Summarize and, as appropriate, specify the sources of, all information
               available to the Ombudsperson that is relevant to the delisting request. The report
               shall respect confidential elements of Member States’ communications with the
               Ombudsperson;
                    (b) Describe the Ombudsperson’s activities with respect to this delisting
               request, including dialogue with the petitioner; and
                     (c) Based on an analysis of all the information available to the
               Ombudsperson and the Ombudsperson’s recommendation, lay out for the Committee
               the principal arguments concerning the delisting request. The recommendation
               should state the Ombudsperson’s views with respect to the listing as of the time of
               the examination of the delisting request.

               Committee discussion
               8.    After the Committee has had fifteen days to review the Comprehensive Report
               in all official languages of the United Nations, the Chair of the Committee shall
               place the delisting request on the Committee’s agenda for consideration.
               9.   When the Committee considers the delisting request, the Ombudsperson, aided
               by the Monitoring Team, as appropriate, shall present the Comprehensive Report in
               person and answer Committee members’ questions regarding the request.
               10. Committee consideration of the Comprehensive Report shall be completed no
               later than thirty days from the date the Comprehensive Report is submitted to the
               Committee for its review.
               11. After the Committee has completed its consideration of the Comprehensive
               Report, the Ombudsperson may notify all relevant States of the recommendation.
               12. In cases where the Ombudsperson recommends retaining the listing, the
               requirement for States to take the measures in paragraph 1 of this resolution shall
               remain in place with respect to that individual, group, undertaking or entity, unless a
               Committee member submits a delisting request, which the Committee shall consider
               under its normal consensus procedures.
               13. In cases where the Ombudsperson recommends that the Committee consider
               delisting, the requirement for States to take the measures described in paragraph 1 of
               this resolution shall terminate with respect to that individual, group, undertaking or
               entity sixty days after the Committee completes consideration of a Comprehensive
               Report of the Ombudsperson, in accordance with this annex II, including
               paragraph 6 (h), unless the Committee decides by consensus before the end of that
               sixty-day period that the requirement shall remain in place with respect to that
               individual, group, undertaking or entity; provided that, in cases where consensus
               does not exist, the Chair shall, on the request of a Committee Member, submit the



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           question of whether to delist that individual, group, undertaking or entity to the
           Security Council for a decision within a period of sixty days; and provided further
           that, in the event of such a request, the requirement for States to take the measures
           described in paragraph 1 of this resolution shall remain in force for that period with
           respect to that individual, group, undertaking or entity until the question is decided
           by the Security Council.
           14. After the Committee decides to accept or reject the delisting request, the
           Committee shall convey to the Ombudsperson its decision, setting out its reasons,
           and including any further relevant information about the Committee’s decision, and
           an updated narrative summary of reasons for listing, where appropriate, for the
           Ombudsperson to transmit to the petitioner.
           15. After the Committee has informed the Ombudsperson that the Committee has
           rejected a delisting request, then the Ombudsperson shall send to the petitioner, with
           an advance copy sent to the Committee, within fifteen days a letter that:
                 (a)   Communicates the Committee’s decision for continued listing;
                (b) Describes, to the extent possible and drawing upon the Ombudsperson’s
           Comprehensive Report, the process and publicly releasable factual information
           gathered by the Ombudsperson; and
                (c) Forwards from the Committee all information about the decision
           provided to the Ombudsperson pursuant to paragraph 14 above.
           16. In all communications with the petitioner, the Ombudsperson shall respect the
           confidentiality of Committee deliberations and confidential communications
           between the Ombudsperson and Member States.
           17. The Ombudsperson may notify the petitioner, as well as those States relevant
           to a case but which are not members of the Committee, of the stage at which the
           process has reached.

           Other Office of the Ombudsperson Tasks
           18.   In addition to the tasks specified above, the Ombudsperson shall:
                (a) Distribute publicly releasable information about Committee procedures,
           including Committee Guidelines, fact sheets and other Committee-prepared
           documents;
                 (b) Where address is known, notify individuals or entities about the status of
           their listing, after the Secretariat has officially notified the Permanent Mission of the
           State or States, pursuant to paragraph 17 of this resolution; and
                 (c) Submit biannual reports summarizing the activities of the Ombudsperson
           to the Security Council.




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