Security Council resolution 2196 (2015) [on renewal of measures on arms, transport, finance and travel against the Central African Republic and extension of the mandate of the Group of Experts Established pursuant to Resolution 2127 (2013) until 29 Feb. 2016]
Symbol: S/RES/2196 (2015)
Date: 2015-01-22
Status: adopted
Agenda: S/70 [181] CENTRAL AFRICAN REPUBLIC SITUATION
S/70 [227] UN MULTIDIMENSIONAL INTEGRATED STABILIZATION MISSION IN THE CENTRAL AFRICAN REPUBLIC
Subjects: African-led International Support Mission in the Central African Republic (MISCA)|UN Multidimensional Integrated Stabilization Mission in the Central African Republic|African Union|UN. Security Council Committee Established pursuant to Resolution 2127 (2013) concerning the Central African Republic|UN. Panel of Experts Established pursuant to Security Council Resolution 2127 (2013)|Charter of the United Nations (1945). Chapter VII|SANCTIONS|PEACEKEEPING OPERATIONS|INTERNAL SECURITY|CENTRAL AFRICAN REPUBLIC|ARMS EMBARGO|TRAVEL RESTRICTIONS|FROZEN ASSETS
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: ANGOLA
vote: yes
country: CHAD
vote: yes
country: CHILE
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: JORDAN
vote: yes
country: LITHUANIA
vote: yes
country: MALAYSIA
vote: yes
country: NEW ZEALAND
vote: yes
country: NIGERIA
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SPAIN
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: VENEZUELA (BOLIVARIAN REPUBLIC OF)
vote: yes

                United Nations                                                                   S/RES/2196 (2015)*
                Security Council                                                  Distr.: General
                                                                                  22 January 2015




                Resolution 2196 (2015)
                Adopted by the Security Council at its 7366th meeting, on
                22 January 2015
                     The Security Council,
                      Recalling its previous resolutions and statements on the Central African
                Republic (CAR), in particular resolutions 2121 (2013), 2127 (2013), 2134 (2014)
                2149 (2014) and 2181 (2014), as well as the Presidential Statement S/PRST/2014/28
                of 18 December 2014,
                      Reaffirming its strong commitment to the sovereignty, independence, unity and
                territorial integrity of the CAR, and recalling the importance of the principles of
                non-interference, good-neighbourliness and regional cooperation,
                     Recalling that the Central African Republic bears the primary responsibility to
                protect all populations within its territory from genocide, war crimes, ethnic
                cleansing and crimes against humanity,
                     Emphasizing that any sustainable solution to the crisis in the CAR should be
                CAR-owned, including the political process, and should include the restructuring of
                the Central African Republic security forces,
                      Reiterating its call upon the Transitional Authorities to accelerate the transition
                process, including its action towards an inclusive and comprehensive political
                dialogue and reconciliation process and towards the holding of free, fair, transparent
                and inclusive presidential and legislative elections no later than August 2015, with
                the full, effective and equal participation of women,
                      Commending the African-led International Support Mission to the Central
                African Republic (MISCA), Sangaris and EUFOR RCA for the work done in laying
                the foundation for increased security ahead of and in support of the United Nations
                Integrated Multi-dimensional Mission to the CAR (MINUSCA)’s deployment,
                noting also with concern, however, that while improving, security in the CAR
                remains fragile,
                      Welcoming the decision of the European Union to establish a one-year military
                advice mission based in Bangui (EUMAM-RCA), as requested by the CAR
                transitional authorities, in order to contribute to providing them with expert advice
                on reforming the CAR Armed Forces (FACA) into a multi-ethnic, professional, and

           * Reissued for technical reasons on 22 January 2015.


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               republican armed forces, and underlines the importance of a clear distribution of
               tasks and close coordination between the international forces or missions in the
               CAR and the lead role of MINUSCA in this regard, and further requests that this
               information is included in the regular reporting of the Secretary-General on
               MINUSCA,
                    Welcoming the United Nations Secretary-General Report of 1 December 2014
               (S/2014/857) submitted pursuant to resolution 2149 (2014),
                     Welcoming also the interim and final reports (S/2014/452 and S/2014/762) of
               the Panel of Experts on the Central African Republic established pursuant to
               resolution 2127 (2013) and expanded and extended pursuant to resolution 2134
               (2014),
                     Taking note of the final report of the United Nations International Commission
               of Inquiry (S/2014/928) of 22 December 2014,
                    Strongly condemning the resurgence of violence, which was politically or
               criminally motivated, that occurred in October 2014 in Bangui; the continuous cycle
               of provocations and reprisals by armed groups, both inside and outside of Bangui;
               the threats of violence, human rights violations and abuses and international
               humanitarian law violations, including those involving extrajudicial killings,
               enforced disappearances, arbitrary arrests and detention, torture, sexual violence
               against women and children, rape, recruitment and use of children and attacks
               against civilians, attacks against places of worship, and denial of humanitarian
               access, committed by armed elements, which continue to adversely affect the dire
               humanitarian situation faced by the civilian population and to impede humanitarian
               access to vulnerable populations,
                    Equally condemning the targeted attacks against the Transitional Authorities as
               well as those against MINUSCA, Sangaris and EUFOR RCA troops during the
               October events in Bangui, underlining that attacks targeting peacekeepers are
               among the designation criteria in paragraph 10 of this resolution and may constitute
               a war crime and reminding all parties of their obligations under international
               humanitarian law,
                     Reiterating that all perpetrators of such acts must be held accountable and that
               some of those acts may amount to crimes under the Rome Statute of the
               International Criminal Court (ICC), to which the CAR is a State party, noting in this
               regard the opening by the Prosecutor of the International Criminal Court on
               24 September 2014 of an investigation following the request of the national
               authorities on alleged crimes committed since 2012 and welcoming the ongoing
               cooperation by the CAR Transitional Authorities in this regard,
                    Expressing grave concern at the findings of the Panel of Experts’ final report
               of 29 October 2014 (S/2014/762) that, armed groups continue to destabilize the
               CAR and to pose a permanent threat to the peace, security and stability of the
               country, and further expressing concern that illicit trade, exploitation and smuggling
               of natural resources including gold, diamonds and wildlife poaching and trafficking
               continues to threaten the peace and stability of CAR,
                     Noting with concern the findings of the Panel of Experts’ final report that the
               Lord’s Resistance Army (LRA) remains active in the CAR and that it has
               established links to other armed groups,



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                Stressing the urgent and imperative need to end impunity in the CAR and to
           bring to justice perpetrators of violations of international humanitarian law and of
           abuses or violations of human rights, underlining in this regard the need to bolster
           national accountability mechanisms and to implement without delay the 7 August
           2014 Memorandum of Understanding (MoU) on Urgent Temporary Measures, which
           describes, in particular, the establishment of a national Special Criminal Court in
           charge of investigating and prosecuting the serious crimes committed in the CAR,
           including through the adoption of the necessary legislation by the Transitional
           Authorities,
                 Emphasizing the risk of the situation in the CAR providing a conducive
           environment for transnational criminal activity, such as that involving arms
           trafficking and the use of mercenaries as well as a potential breeding ground for
           radical networks,
                 Acknowledging in this respect the important contribution the Councilmandated arms embargo can make to countering the illicit transfer of arms and
           related materiel in the CAR and its region, and in supporting post-conflict
           peacebuilding, disarmament, demobilization and reintegration and security sector
           reform, recalling its resolutions 2117 (2013) and 2127 (2013) and expressing grave
           concern at the threat to peace and security in the CAR arising from the illicit
           transfer, destabilizing accumulation and misuse of small arms and light weapons,
           and the use of such weapons against civilians affected by armed conflict,
                 Recalling the need for an inclusive and effective disarmament, demobilization
           and reintegration process (DDR) as well as repatriation and resettlement (DDRRR)
           in the case of foreign fighters, including children formerly associated with armed
           forces and groups, while respecting the need to fight impunity,
                 Recalling its decision to establish a sanctions regime pursuant to resolutions
           2127 (2013) and 2134 (2014) and emphasizing that the targeted sanctions aim at,
           inter alia, individuals and entities designated by the Committee established pursuant
           to resolution 2127 (2013) and expanded pursuant to resolution 2134 (2014) as
           engaging in or providing support for acts that undermine the peace, stability or
           security of the CAR, that impede the political transition process or that fuel violence
           and at individuals and entities designated by the Committee as involved in planning,
           directing, or committing acts that violate international human rights law or
           international humanitarian law or that constitute human rights abuses or violations,
                Noting the critical importance of effective implementation of the sanctions
           regime, including the key role that neighbouring States, as well as regional and
           subregional organizations, can play in this regard and encouraging efforts to further
           enhance cooperation,
                 Determining that the situation in the CAR continues to constitute a threat to
           international peace and security in the region,
                Acting under Chapter VII of the Charter of the United Nations,

           Arms embargo
                 1.    Decides that, through 29 January 2016, 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



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               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:
                    (a) Supplies intended solely for the support of or use by MINUSCA, the
               African Union-Regional Task Force (AU-RTF), and the European Union Missions
               and French Forces deployed in the CAR;
                     (b) MINUSCA, the AU-RTF, the European Union Missions and French
               Forces operating in the CAR to provide organizational advice or non-operational
               training to the CAR government forces and as relevant to the implementation of
               their mandates, and requests these forces to report on measures taken in this regard
               as part of their regular reports to the Council;
                    (c) 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;
                     (d) 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;
                     (e) Supplies of small arms and other related equipment intended solely for
               use in international 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;
                    (f) Supplies of arms and other related lethal equipment to the CAR security
               forces, intended solely for support of or use in the CAR process of SSR, as
               approved in advance by the Committee; or
                     (g) Other sales or supply of arms and related materiel, or provision of
               assistance or personnel, as approved in advance by the Committee;
                     2.    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;
                    3.    Reiterates its call upon the transitional 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 safe and effective management, storage, and security of their stockpiles
               of small arms and light weapons and 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 DDRRR programmes;


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           Travel ban
                 4.    Decides that, through 29 January 2016, 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;
                5.    Decides that the measures imposed by paragraph 4 above shall not apply:
                 (a) Where the Committee determines on a case-by-case basis that such travel
           is justified on the grounds of humanitarian need, including religious obligation;
                (b)   Where entry or transit is necessary for the fulfilment of a judicial
           process;
               (c) 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;
                 6.    Emphasizes that violations of the travel ban can undermine the peace,
           stability or security of the CAR and observes that individuals who knowingly
           facilitate the travel of a listed individual in violation of the travel ban may be
           determined by the Committee to have met the designation criteria provided for in
           this resolution;

           Asset freeze
                 7.    Decides that all Member States shall, through 29 January 2016, continue
           to freeze without delay all funds, other financial assets and economic resources
           which are on their territories, which are owned or controlled, directly or indirectly,
           by the individuals or entities designated by the Committee, or by individuals or
           entities acting on their behalf or at their direction, or by entities owned or controlled
           by them, and decides further that all Member States shall 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;
                8.    Decides that the measures imposed by paragraph 7 above do not apply to
           funds, other financial assets or economic resources that have been determined by
           relevant Member States:
                 (a) 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;
                (b) 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



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                     (c) 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;
                     9.    Decides that Member States may permit the addition to the accounts
               frozen pursuant to the provisions of paragraph 7 above of interests or other earnings
               due on those accounts or payments due under contracts, agreements or obligations
               that arose prior to the date on which those accounts became subject to the provisions
               of this resolution, provided that any such interest, other earnings and payments
               continue to be subject to these provisions and are frozen;
                     10. Decides that the measures in paragraph 7 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 7 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
                    11. Decides that the measures contained in paragraphs 4 and 7 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 violate transitional agreements, or that threaten
               or impede the political transition process, including a transition toward free and fair
               democratic elections, or that fuel violence;
                    12. Further decides in this regard that the measures contained in
               paragraphs 4 and 7 shall also apply to the individuals and entities designated by the
               Committee as:
                     (a) 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 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
               CAR;
                     (b) involved in planning, directing, or committing acts that violate
               international human rights law or international humanitarian law, as applicable, or
               that constitute human rights abuses or violations, in the CAR, including acts
               involving sexual violence, targeting of civilians, ethnic- or religious-based attacks,
               attacks on schools and hospitals, and abduction and forced displacement;
                    (c) recruiting or using children in armed conflict in the CAR, in violation of
               applicable international law;




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                  (d) 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;
                 (e) obstructing the delivery of humanitarian assistance to CAR, or access to,
           or distribution of, humanitarian assistance in CAR;
                (f) involved in planning, directing, sponsoring, or conducting attacks against
           UN missions or international security presences, including MINUSCA, the
           European Union Missions and French operations which support them;
                 (g) being leaders of an entity that the Committee has designated pursuant to
           paragraphs 36 or 37 of resolution 2134 (2014) 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) or this resolution, or an entity owned or controlled by a
           designated individual or entity;

           Sanctions Committee
                13. Decides that the mandate of the Committee established pursuant to
           paragraph 57 of resolution 2127 (2013) 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;
                14. Emphasizes the importance of holding regular consultations with
           concerned Member States, as may be necessary, in order to ensure full
           implementation of the measures set forth in this resolution;

           Panel of Experts
               15. Expresses its full support for the Panel of Experts on the Central African
           Republic established pursuant to paragraph 59 of resolution 2127 (2013);
                16. Decides to extend the mandate of the Panel of Experts until 29 February
           2016 and, expresses its intent to review the mandate and take appropriate action
           regarding further extension no later than 29 January 2016 and requests the
           Secretary-General to take the necessary administrative measures as expeditiously as
           possible to support its action;
                17. Decides that the mandate of the Panel of Experts shall include the
           following tasks, to:
                 (a) Assist the Committee in carrying out its mandate as specified in this
           resolution, including through providing the Committee with information relevant to
           the potential designation at a later stage of individuals or entities who may be
           engaging in the activities described in paragraphs 11 and 12 above;
                (b) 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;
                (c) Provide to the Committee a midterm update no later than 30 July 2015
           and a final report to the Security Council, after discussion with the Committee, by
           31 December 2015 on the implementation of the measures imposed by


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               paragraphs 54 and 55 of resolution 2127 (2013) and paragraphs 30 and 32 of
               resolution 2134 (2014) renewed by paragraphs 1, 2, 4 and 7 of this resolution;
                    (d) Submit progress updates to the Committee, especially in situations of
               urgency, or as the Panel deems necessary;
                    (e) To 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 11 and 12 above including through the provision of
               biometric information and additional information for the publicly available narrative
               summary of reasons for listing;
                     (f) To assist the Committee by providing information regarding individuals
               and entities that may meet the designation criteria in paragraphs 11 and 12 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 11 and 12
               above;
                    18. 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;
                    19. 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;
                     20. Urges the CAR, its neighbouring States and other member States of the
               International Conference on the Great Lakes Region (ICGLR) to cooperate at the
               regional level to investigate and combat regional criminal networks and armed
               groups involved in the illegal exploitation and smuggling of natural resources
               including gold, diamonds and wildlife poaching and trafficking;
                    21. 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;
                     22. 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;
                    23. 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
                    24. Calls upon all States, particularly those in the region and those in which
               designated individuals and entities designated are based, to regularly report to the
               Committee on the actions they have taken to implement the measures imposed by
               paragraphs of the measures imposed by paragraphs 54 and 55 of resolution 2127



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           (2013) and paragraphs 30 and 32 of resolution 2134 (2014) renewed by
           paragraphs 1, 2, 4 and 7 of this resolution;
                 25. 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, in particular the freezing of assets, 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;
                26.   Decides to remain actively seized of the matter.




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