(1)

Article 1 is amended as follows: (a) paragraph 3 is replaced by the following: ‘3. Paragraphs 1 and 2 shall not apply to: (a) the supply, sale or transfer of arms and related material of all types, and the direct or indirect supply of technical advice, financial and other assistance and training related to military activities, intended solely for the support of or use by United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM); (b) the supply, sale or transfer of arms and related material of all types, and the direct or indirect supply of technical advice, financial and other assistance and training related to military activities, intended solely for the support of or use by the African Union Transition Mission in Somalia (ATMIS) and its strategic partners, operating solely under the latest African Union (AU) Strategic Concept of Operations, and in cooperation and coordination with ATMIS; (c) the supply, sale or transfer of arms and related material of all types, and the direct or indirect supply of technical advice, financial and other assistance and training related to military activities, intended solely for the support of or use by: the European Union training and support activities, Türkiye, the United Kingdom of Great Britain and Northern Ireland and the United States of America, as well as any other State forces that are either operating within the Somalia Transition Plan (STP), or have a status of forces agreement or a memorandum of understanding with the Federal Government of Somalia (FGS) to serve the purposes of UN Resolution 2662 (2022) provided they inform the Sanctions Committee about concluding such agreements; (d) the supply, sale or transfer of arms and related material of all types and the supply of technical advice, financial and other assistance and training related to military activities, intended solely for the development of Somalia’s security and police institutions at the national and local level, to provide security for the Somali people. The delivery of the items set out in Annexes II and III, and the provision of technical advice, financial and other assistance, and training related to military activities shall be subject to the relevant approval or notification requirements as follows: (i) the supply, sale or transfer of arms and related material of all types set out in Annex II intended solely for the development of Somalia’s security and police institutions, to provide security for the Somali people, shall be subject to approval in advance by the Sanctions Committee, as set out in paragraph 4 of this Article, and may be provided in the absence of a negative decision by the Sanctions Committee within five working days of receiving such notification from Somalia, the Member States or international, regional and subregional organisations delivering assistance; (ii) the supply, sale or transfer of arms and related material of all types set out in Annex III intended solely for the development of Somalia’s security and police institutions, to provide security for the Somali people, shall be subject to prior notification to the Sanctions Committee for information purposes, as set out in paragraph 4 of this Article, submitted five working days in advance by Somalia, the Member States or international, regional and subregional organisations delivering assistance; (e) the supply, sale or transfer of protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel for their personal use only; (f) the supply, sale or transfer of non-lethal military equipment by the Member States, international regional or subregional organisations intended solely for humanitarian or protective use.’ (b) paragraph 4 is replaced by the following: ‘4. The Somali authorities have the primary responsibility to notify the Sanctions Committee of any delivery of arms and related material of all types set out in Annexes II and III to Somalia’s security and police institutions, as set out under paragraph 3, point (d) of this Article. Notifications shall include details of the manufacturer and supplier of arms and related material of all types, a description of the arms and ammunition including the type, serial numbers, calibre and quantity, the proposed date and place of delivery, and all relevant information concerning the intended destination unit, or the intended place of storage.’ (c) paragraph 4a is replaced by the following: ‘4a. Somalia or the supplying Member State or an international, regional or sub-regional organisation delivering the assistance shall, no later than 30 days after the delivery of arms and related material of all types, submit to the Sanctions Committee a post-delivery notification in the form of written confirmation of the completion of any delivery, including the serial numbers for the arms and related material of all types delivered, shipping information, bill of lading, cargo manifests or packing lists, and the specific place of storage.’ (d) paragraph 4b is deleted; (e) paragraph 5 is replaced by the following: ‘5. It shall be prohibited to supply, resell, transfer, or make available for use any weapons or military equipment, sold or supplied in accordance with Article 1(3)(d) solely for the development of Somalia’s security and police institutions, to any individual or entity not in the service of Somalia’s security and police institutions to which it was originally sold or supplied, or to the selling or supplying Member State or international, regional or subregional organisation.’