Security Council resolution 1989 (2011) [on extension of the mandate of the Office of the Ombudsperson and the establishment of a new Al-Qaida sanctions list]
Symbol: S/RES/1989(2011)
Date: 2011-06-17
Status: adopted
Agenda: S/66 [46] AFGHANISTAN SITUATION
S/66 [31] TERRORISM
S/66 [38] SANCTIONS COMPLIANCE
Subjects: Taliban (Afghanistan)|Qaida (Organization)|UN. Security Council Committee Established pursuant to Resolution 1267 (1999) concerning Al-Qaida and the Taliban and Associated Individuals and Entities|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|AFGHANISTAN SITUATION|TERRORISM FINANCING|TERRORISM|COUNTER-TERRORISM|ILLICIT ARMS TRAFFICKING|OMBUDSMAN|INFORMATION EXCHANGE
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: BOSNIA AND HERZEGOVINA
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: yes
country: COLOMBIA
vote: yes
country: FRANCE
vote: yes
country: GABON
vote: yes
country: GERMANY
vote: yes
country: INDIA
vote: yes
country: LEBANON
vote: yes
country: NIGERIA
vote: yes
country: PORTUGAL
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SOUTH AFRICA
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

                United Nations                                                                     S/RES/1989 (2011)*
                Security Council                                                 Distr.: General
                                                                                 17 June 2011




                Resolution 1989 (2011)
                Adopted by the Security Council at its 6557th meeting, on
                17 June 2011

                     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) and
                1988 (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/2011/9)
                of 2 May 2011 which notes that Usama bin Laden will no longer be able to
                perpetrate acts of terrorism,
                     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 expressing the 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

            * Reissued for technical reasons on 1 July 2011.


11-38014* (E)
*1138014*

S/RES/1989 (2011)


               international and regional organizations to impede, impair, isolate and incapacitate
               the terrorist threat,
                     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) and 1333 (2000) (“the
               Consolidated 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 resolution 1267 (1999) (“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 Consolidated
               List, and expressing its intent to continue efforts to ensure that procedures are fair
               and clear,
                     Welcoming in particular the successful completion of the review of all names
               on the Consolidated List pursuant to paragraph 25 of resolution 1822 (2008) and the
               significant progress made to enhance the integrity of the Consolidated List,
                     Welcoming the establishment of the Office of the Ombudsperson pursuant to
               resolution 1904 (2009) and the role it has performed since its establishment, noting
               the Ombudsperson’s important role in improving 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,
                    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 second review in September 2010 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 UN bodies, and
               encouraging further engagement with the CTITF to ensure overall coordination and
               coherence in the counter-terrorism efforts of the UN system,




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                                                                                                     S/RES/1989 (2011)


                 Recognizing the need to take measures to prevent and suppress the financing of
           terrorism and terrorist organizations, including from the proceeds of organized
           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, and
           considering the 1267 Committee’s deliberations on the recommendation of the 1267
           Monitoring Team in its Eleventh Report to the 1267 Committee that Member States
           treat listed Taliban and listed individuals and entities of Al-Qaida and its affiliates
           differently,
                 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) 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), and paragraphs 1 and 2 of resolution
           1390 (2002), with respect to Al-Qaida and other individuals, groups, undertakings
           and entities associated with them, including those referred to in section C
           (“Individuals associated with Al-Qaida”) and section D (“Entities and other groups
           and undertakings associated with Al-Qaida”) of the Consolidated List established
           pursuant to resolutions 1267 (1999) and 1333 (2000), as well as those designated
           after the date of adoption of this resolution, which shall henceforth be known as the
           Al-Qaida Sanctions List”):
                 (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;



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                     2.   Notes that, pursuant to resolution 1988 (2011), the Taliban, and other
               individuals, groups, undertakings and entities associated with them, as previously
               included in section A (“Individuals associated with the Taliban) and section B
               (“Entities and other groups and undertaking associated with the Taliban”) of the
               Consolidated List established pursuant to resolutions 1267 (1999) and 1333 (2000)
               are not governed by this resolution and decides that henceforth the Al-Qaida
               Sanctions List shall include only the names of those individuals, groups,
               undertakings and entities associated with Al-Qaida;
                     3.   Directs the Committee to transmit to the Committee established pursuant
               to resolution 1988 (2011) all listing submissions, delisting requests and proposed
               updates to the existing information relevant to section A (“Individuals associated
               with the Taliban”) and section B (“entities and other groups and undertakings
               associated with the Taliban”) of the Consolidated List that were pending before the
               Committee as of the date of adoption of this resolution, so that the Committee
               established pursuant to resolution 1988 (2011) can consider those matters in
               accordance with resolution 1988 (2011);
                    4.   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;
                     5.   Further reaffirms that any undertaking or entity owned or controlled,
               directly or indirectly, by, or otherwise supporting, such an individual, group,
               undertaking or entity associated with Al-Qaida shall be eligible for designation;
                    6.    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;
                    7.   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;
                    8.    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;
                     9.   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;
                     10. 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 directs
               the Committee to review the procedures for exemptions as set out in the Committee’s


4                                                                                                        11-38014

                                                                                                 S/RES/1989 (2011)


           guidelines to facilitate their use by Member States and to continue to ensure that
           exemptions are granted expeditiously and transparently;
                11. Directs the Committee to cooperate with other relevant Security Council
           Sanctions Committees, in particular that established pursuant to resolution 1988
           (2011);
           Listing
                 12. 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
           it, as described in paragraph 2 of resolution 1617 (2005) and reaffirmed in
           paragraph 4 above;
                 13. 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
           detailed statement of case, 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 16 below;
                 14. 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 whether the Committee, or
           the Ombudsperson, or the Secretariat or Monitoring Team on the Committee’s
           behalf, may make known the Member State’s status as a designating State; and
           strongly encourages designating States to respond positively to such a request;
                 15. Decides 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;
                16. 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;
                17. Encourages Member States and relevant international organizations and
           bodies to inform the Committee of any relevant court decisions and proceedings so




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               that the Committee can consider them when it reviews a corresponding listing or
               updates a narrative summary of reasons for listing;
                     18. 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 16;
                     19. Reaffirms that the Secretariat shall, after publication but within
               3 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;
                     20. Reaffirms further the provisions in paragraph 17 of resolution 1822
               (2008) regarding the requirement that Member States take all possible measures, in
               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 and Annex II of this
               resolution, and the provisions of resolution 1452 (2002) regarding available
               exemptions;

               Delisting/Ombudsperson
                     21. 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 18 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;
                     22. Decides 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;



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                                                                                                 S/RES/1989 (2011)


                 23. Decides 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 60 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 60 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 60 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;
                 24. Requests the Secretary General to strengthen the capacity of the Office of
           the Ombudsperson to ensure its continued ability to carry out its mandate in an
           effective and timely manner;
                25. Strongly urges Member States to provide all relevant information to the
           Ombudsperson, including providing any relevant confidential information, where
           appropriate, and confirms that the Ombudsperson must comply with any
           confidentiality restrictions that are placed on such information by Member States
           providing it;
                 26. 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;
                 27. Decides 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 60 days unless the Committee decides by consensus before the end of
           that 60 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 60 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;
                 28. Decides that, for purposes of submitting a delisting request in paragraph
           27, consensus must exist between or among all designating States in cases where
           there are multiple designating States; and decides further that co-sponsors of listing
           requests shall not be considered designating States for purposes of paragraph 27;




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                     29. 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;
                     30. 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 4 of the present resolution, which shall be placed on the
               Committee’s agenda upon request of a member of the Committee, and encourages
               Member States to provide reasons for submitting their delisting requests;
                     31. 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
               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;
                     32. 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;
                     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;

               Review and maintenance of the Al-Qaida Sanctions List
                     36. 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;


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                 37. 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;
                 38. 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;
                39. 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;
                 40. 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
           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
                 41. 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) Forty
           Recommendations on Money Laundering and the FATF Nine Special
           Recommendations on Terrorist Financing, and encourages Member States to utilize
           the guidance provided by Special Recommendation III for effective implementation
           of targeted counter-terrorism sanctions;
                 42. 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;



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                    43. Directs the Committee, as a matter of priority, to review its guidelines
               with respect to the provisions of this resolution, in particular paragraphs 10, 12, 14,
               15, 17, 21, 23, 27, 28, 30, 33, 37, and 40;
                    44. Encourages Member States, including through their permanent missions,
               and relevant international organizations to meet the Committee for in-depth
               discussion on any relevant issues;
                    45. 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;
                    46. 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
               pursuant to paragraph 55 below, to provide progress reports on the Committee’s
               work on this issue;
                     47. 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;
                     48. 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;
                     49. 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;
                    50. 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;
                    51. Requests the Committee to facilitate, through the Monitoring Team or
               specialized UN agencies, assistance on capacity building for enhancing
               implementation of the measures, upon request by Member States;

               Coordination and outreach
                     52. 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


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           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;
                53. Encourages the Monitoring Team and the United Nations Office on
           Drugs and Crime, to continue their joint activities, in cooperation with 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;
                 54. 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) and 1904 (2009);
                 55. Requests the Committee to report orally, through its Chair, at least every
           180 days 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), and
           further requests the Chair to hold periodic briefings for all interested Member
           States;

           Monitoring Team
                 56. 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 18 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;
                 57. Directs the Monitoring Team to review the Committee’s procedures for
           granting exemptions pursuant to resolution 1452 (2002), and to provide
           recommendations for how the Committee can improve the process for granting such
           exemptions;
                 58. Directs the Monitoring Team to keep the Committee informed of
           instances of non-compliance with the measures imposed in this resolution, and
           further directs the Monitoring Team to provide recommendations to the Committee
           on actions taken to respond to non-compliance;

           Reviews
                59. Decides to review the measures described in paragraph 1 above with a
           view to their possible further strengthening in 18 months, or sooner if necessary;
                60.   Decides to remain actively seized of the matter.




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Annex I

                    In accordance with paragraph 56 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 March 2012, and the second by 31 October 2012, 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;
                     (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 assist the Committee with its analysis of non-compliance with the
               measures referred to in paragraph 1 of this resolution by collating information
               collected from Member States and submitting case studies, both on its own initiative
               and upon the Committee’s request, to the Committee for its review;
                    (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;



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                 (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 16;
                 (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;
                 (x) To work with INTERPOL and Member States to obtain photographs of
           listed individuals for possible inclusion in INTERPOL Special Notices;




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                     (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);
                    (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 submit to the Committee within 90 days a written report and
               recommendations on linkages between Al-Qaida and those individuals, groups,
               undertakings or entities eligible for designation under paragraph 1 of resolution
               1988 (2011), with a particular focus on entries that appear on both the Al-Qaida
               Sanctions List and the 1988 List, and thereafter submit such a report and
               recommendations periodically; and
                    (bb) Any other responsibility identified by the Committee.




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Annex II
                 In accordance with paragraph 21 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 4 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
           UN bodies, and any other States deemed relevant by the Ombudsperson. The
           Ombudsperson shall ask these States or relevant UN 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. 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.

           Committee discussion
           8.    After the Committee has had 15 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 30 days from the date the Comprehensive Report is submitted to the
           Committee for its review.
           11. 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.
           12. 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 60 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
           60 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 60 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



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               respect to that individual, group, undertaking or entity until the question is decided
               by the Security Council.
               13. If the Committee decides to reject the delisting request, then 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.
               14. 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 13 above.
               15. In all communications with the petitioner, the Ombudsperson shall respect the
               confidentiality of Committee deliberations and confidential communications
               between the Ombudsperson and Member States.

               Other Office of the Ombudsperson Tasks
               16.   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 19 of this resolution; and
                     (c) Submit biannual reports summarizing the activities of the Ombudsperson
               to the Security Council.




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