Security Council resolution 2664 (2022) [on humanitarian exemptions to asset freeze measures imposed by UN sanctions regimes]
Symbol: S/RES/2664 (2022)
Date: 2022-12-09
Status: adopted
Agenda: S/77 [38] SANCTIONS COMPLIANCE
S/ X General issues relating to sanctions.
Subjects: UN Emergency Relief Coordinator|UN. Security Council Committee Established pursuant to Resolutions 1267 (1999), 1989 (2011) and 2253 (2015) concerning Islamic State in Iraq and the Levant (Da'esh), Al-Qaida and Associated Individuals, Groups, Undertakings and Entities|UN. Security Council. Analytical Support and Sanctions Monitoring Team Established pursuant to Resolution 1526 (2004)|Charter of the United Nations (1945). Chapter VII|HUMANITARIAN ASSISTANCE|FROZEN ASSETS|SANCTIONS|COUNTER-TERRORISM
Votes in favour: 14
Votes against: 0
Abstentions: 1
Voting record:
country: ALBANIA
vote: yes
country: BRAZIL
vote: yes
country: CHINA
vote: yes
country: FRANCE
vote: yes
country: GABON
vote: yes
country: GHANA
vote: yes
country: INDIA
vote: abstention
country: IRELAND
vote: yes
country: KENYA
vote: yes
country: MEXICO
vote: yes
country: NORWAY
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: UNITED ARAB EMIRATES
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes

               United Nations                                                                        S/RES/2664 (2022)
               Security Council                                                     Distr.: General
                                                                                    9 December 2022




               Resolution 2664 (2022)
               Adopted by the Security Council at its 9214th meeting, on
               9 December 2022

                     The Security Council,
                     Recalling its previous resolutions imposing its sanctions measures in response
               to threats to international peace and security,
                     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 law, international refugee law, and international humanitarian law, threats to
               international peace and security, stressing in this regard, the important role the United
               Nations plays in leading and coordinating this effort, including through use of its
               sanctions regimes,
                    Emphasizing that its sanctions are an important tool under the Charter of the
               United Nations in the maintenance and restoration of international peace and security,
               including in support of peace processes, countering terrorism, and promoting
               non-proliferation and stressing in this regard, the need for full implementation of all
               such measures imposed by this Council, consistent with international humanitarian
               law,
                     Bearing in mind the importance of assessing potential humanitarian impacts
               prior to a Council decision to establish a sanctions regime, while accepting the need
               for the Council to act swiftly in countering threats to international peace and security,
                     Recalling resolution 2462 (2019), which decides that all States shall, in a
               manner consistent with their obligations under international law, including
               international humanitarian law, international human rights law and international
               refugee law, ensure that their domestic laws and regulations establish serious criminal
               offenses sufficient to provide the ability to prosecute and to penalize in a manner duly
               reflecting the seriousness of the offense the willful provision or collection of funds,
               financial assets or economic resources or financial or other related services, directly
               or indirectly, with the intention that the funds should be used, or in the knowledge
               that they are to be used for the benefit of terrorist organizations or individual terroris ts
               for any purpose, including but not limited to recruitment, training, or travel, even in
               the absence of a link to a specific terrorist act, and urging States when designing and
               applying measures to counter the financing of terrorism, to take into account the
               potential effect of those measures on exclusively humanitarian activities, including
               medical activities, that are carried out by impartial humanitarian actors in a manner
               consistent with international humanitarian law,



22-28130 (E)
*2228130*

S/RES/2664 (2022)

                     Recalling the need for Member States to ensure that all measures taken by them
               to implement sanctions, including in the context of counter-terrorism, comply with
               their obligations under international law, including international humanitarian law,
               international human rights law and international refugee law, as applicable, and
               noting, in this regard, the rules of international humanitarian law, as applicable,
               regarding respect for, and the protection of, humanitarian personnel and consignments
               for humanitarian relief operations and the non-punishment of any person for carrying
               out medical activities compatible with medical ethics,
                     Emphasizing that such measures are not intended to have adverse humanitarian
               consequences for civilian populations nor adverse consequences for humanitarian
               activities or those carrying them out, and noting that humanitarian and basic human
               needs differ depending on the specific context,
                     Expressing its readiness to review, adjust and terminate, when appropriate, its
               sanctions regimes taking into account the evolution of the situation on the ground and
               the need to minimize unintended adverse humanitarian effects, underlining that
               sanctions measures are intended to be temporary, and acknowledging the perspectives
               of regional and subregional organizations in this re gard,
                     Encouraging the United Nations, where appropriate, to take an active role in
               coordinating humanitarian activities in situations where its sanctions are applicable,
               recalling the United Nations guiding principles of General Assembly Resolution
               46/182 of humanitarian emergency assistance, including humanity, neutrality,
               impartiality and independence, and noting that the intention of this resolution is to
               provide clarity to ensure the continuation of hu manitarian activities in the future,
                    Reaffirming its previous determinations regarding the threats to international
               peace and security that prompted its imposition of all extant sanctions measures,
                    Acting under Chapter VII of the Charter of the United Nations,
                     1.    Decides that without prejudice to the obligations imposed on Member
               States to freeze the funds and other financial assets or economic resources of
               individuals, groups, undertakings, and entities designated by this Council or its
               Sanctions Committees, the provision, processing or payment of funds, other financial
               assets, or economic resources, or the provision of goods and services necessary to
               ensure the timely delivery of humanitarian assistance or to support other activities
               that support basic human needs by the United Nations, including its Programmes,
               Funds and Other Entities and Bodies, as well as its Specialized Agencies and Related
               Organizations, international organizations, humanitarian organizations having
               observer status with the United Nations General Assembly and members of those
               humanitarian organizations, or bilaterally or multilaterally funded non -governmental
               organizations participating in the United Nations Humanitarian Response Pl ans,
               Refugee Response Plans, other United Nations appeals, or OCHA -coordinated
               humanitarian “clusters,” or their employees, grantees, subsidiaries, or implementing
               partners while and to the extent that they are acting in those capacities, or by
               appropriate others as added by any individual Committees established by this Council
               within and with respect to their respective mandates, are permitted and are not a
               violation of the asset freezes imposed by this Council or its Sanctions Committees;
                     2.    Decides that the provisions introduced by paragraph 1 above will apply to
               the 1267/1989/2253 ISIL (Da’esh) and Al-Qaida sanctions regime for a period of two
               years from the date of adoption of this resolution, and expresses its intent to make a
               decision on the extension of its application to that regime prior to the date on which
               its application to that regime would otherwise expire, emphasizes the role of the
               1267/1989/2253 Sanctions Committee in monitoring the implementation of
               paragraph 1 of this resolution as per paragraph 6, calls upon all States to cooperate


2/4                                                                                                     22-28130

                                                                                                   S/RES/2664 (2022)

           fully with that Committee and its Analytical Support and Sanctions Monitoring Team
           established pursuant to resolution 1526 (2004) in the fulfillment of its tasks, including
           supplying such information as may be required by that Committee in that respect, and
           emphasizes the importance of this Council’s consideration of any information,
           including that provided by the Committee or Monitoring Team, regarding
           implementation of the measures imposed by resolution 1267 (1999) and other relevant
           resolutions, including possible violations thereof, as well as briefings received from
           the United Nations Emergency Relief Coordinator (ERC) as per paragraph 5 of this
           resolution;
                 3.    Requests that providers relying on paragraph 1 use reasonable efforts to
           minimize the accrual of any benefits prohibited by sanctions, whether as a result of
           direct or indirect provision or diversion, to individuals or entities designated by this
           Council or any of its Committees, including by strengthening risk management and
           due diligence strategies and processes;
                 4.   Emphasizes that where paragraph 1 of this resolution conflicts with its
           previous resolutions, paragraph 1 shall supersede such previous resolutions to the
           extent of such conflict, clarifies in that regard that paragraph 1 shall supersede and
           replace paragraph 37 of its resolution 2607 (2021) and paragraph 10 of its resolution
           2653 (2022), but that paragraph 1 of its resolution 2615 (2021) shall remain in effect,
           and decides that paragraph 1 of this resolution shall apply with respect to all future
           asset freezes imposed or renewed by this Council in the absence of an explicit
           decision by this Council to the contrary;
                 5.    Requests the United Nations Emergency Relief Coordinator (ERC) to brief
           or arrange a briefing for each relevant Committee within its mandate 11 months from
           the date of adoption of this resolution and every 12 months afterwards on the delivery
           of humanitarian assistance and other activities that support basic human needs
           provided consistent with this resolution, including on any available information
           regarding the provision, processing or payment of funds, other financial assets or
           economic resources to, or for the benefit of, designated individuals or entities, any
           diversion of funds or economic resources by the same, risk management and due
           diligence processes in place, and any obstacles to the provision of such assistance or
           to the implementation of this resolution, further requests relevant providers to assist
           the ERC in the preparation of such briefings by providing information relevant thereto
           as expeditiously as is feasible and, in any case, within 60 days o f any request from
           the ERC, also emphasizes the importance, in the process of preparing its briefing, of
           the ERC’s consideration of any information provided by the 1267/1989/2253
           Sanctions Committee or its Monitoring Team, acting within its mandate, regard ing
           implementation of the measures imposed by resolution 1267 (1999) and other relevant
           resolutions, including possible violations thereof, and recalls the Committees’ ability
           to engage with Member States to ensure the effective implementation of this Council’s
           decisions, including by requesting additional information from such Member States,
           including with respect to providers under their jurisdiction, as needed to support such
           implementation;
                 6.   Directs the Committees established by this Council with respect to
           sanctions implementation to assist Member States in properly understanding and fully
           implementing paragraph 1 of this resolution by issuing Implementation Assistance
           Notices to provide further guidance to give full effect to paragraph 1 that takes into
           account the unique context of the sanctions falling under their respective mandates,
           and further directs these Committees, assisted by their respective panels of experts,
           to monitor the implementation of paragraph 1 of this resolution, including any risk of
           diversion;



22-28130                                                                                                         3/4

S/RES/2664 (2022)

                     7.    Requests that the Secretary-General issue a written report on unintended
               adverse humanitarian consequences of Security Council sanctions measures,
               including travel ban and arms embargo measures, as well as those measures that are
               sui generis to particular sanctions regimes, within 9 months of the adoption of this
               resolution, requests that such report contain recommendations on ways to minimize
               and mitigate such unintended adverse consequences including via the promulgation
               of additional standing exemptions to such measures, and expresses its intent to
               consider further steps as necessary, taking into account the Secretary-General’s report
               and recommendations, to further minimize and mitigate such unintended adverse
               consequences; and
                    8.    Decides to remain seized of this matter.




4/4                                                                                                      22-28130