Equipo Nizkor - Position of the UNSC Committee pursuant to two resolutions concerning Al-Qaida on the recommendations contained in the 16th report of the Analytical Support and Sanctions Monitoring Team.

United Nations
Security Council

S/2015/858

Distr.: General
11 November 2015
Original: English

Letter dated 10 November 2015 from the Chair of the Security Council Committee pursuant to resolutions 1267 (1999) and 1989 (2011) concerning Al-Qaida and associated individuals and entities addressed to the President of the Security Council

I have the honour to transmit herewith the report of the Security Council Committee pursuant to resolutions 1267 (1999) and 1989 (2011) concerning Al-Qaida and associated individuals and entities, presenting its position on the recommendations contained in the sixteenth report of the Analytical Support and Sanctions Monitoring Team established pursuant to resolution 1526 (2004), which was submitted to the Committee in accordance with paragraph (a) of annex I to resolution 2161 (2014).

I should be grateful if the attached report could be brought to the attention of the Council members and issued as a document of the Security Council.

(Signed) Gerard van Bohemen
Chair
Security Council Committee pursuant to resolutions
1267 (1999) and 1989 (2011) concerning Al-Qaida
and associated individuals and entities

Recommendations contained in the sixteenth report of the Analytical Support and Sanctions Monitoring Team submitted pursuant to resolution 2161 (2014)

I. Introduction

1. On 29 September 2014, the Analytical Support and Sanctions Monitoring Team submitted its sixteenth report to the Security Council Committee pursuant to resolutions 1267 (1999) and 1989 (2011) concerning Al-Qaida and associated individuals and entities, in accordance with paragraph (a) of annex I of Security Council resolution 2161 (2014). The Committee wishes to express its gratitude to the Monitoring Team for its exemplary work in pursuance of its mandate.

2. Since December 2005, as a matter of practice, the Committee has responded to each report submitted to it by the Monitoring Team, bringing to the attention of the Security Council the Committee's position on the recommendations contained in those reports.

II. Assets freeze

3. Kidnapping and ransom. The Monitoring Team recommended that the Committee enhance the awareness of Member States of the value of sanctions exclusion clauses in kidnap and ransom insurance policies, and suggested that Member States encourage insurance companies in their jurisdictions to incorporate sanctions exclusion clauses into kidnap and ransom insurance policies, in accordance with national legislation.

4. The Committee was not able to agree on the recommendation. However, the Security Council addressed the issue in paragraphs 18 to 20 of its resolution 2199 (2015). In particular, the Security Council:

(a) Condemned incidents of kidnapping and hostage-taking committed by Islamic State in Iraq and the Levant (listed on the Al-Qaida Sanctions List as Al-Qaida in Iraq, QDe.115), Al -Nusrah Front for the People of the Levant (listed as QDe.137) and all other individuals, groups, undertakings and entities associated with Al-Qaida for any purpose, including with the aim of raising funds or gaining political concessions;

(b) Expressed its determination to prevent kidnapping and hostage-taking committed by terrorist groups and to secure the safe release of hostages without ransom payments or political concessions, in accordance with applicable international law;

(c) Reaffirmed that the requirements of paragraph 1 (a) of resolution 2161 (2014) applied to the payment of ransoms to individuals, groups, undertakings or entities on the Al-Qaida Sanctions List, regardless of how or by whom the ransom was paid;

(d) Called upon all Member States to encourage private sector partners to adopt or to follow relevant guidelines and good practices for preventing and responding to terrorist kidnappings without paying ransom;

(e) Reiterated its call upon all Member States to prevent terrorists from benefiting directly or indirectly from ransom payments or from political concessions and to secure the safe release of hostages.

III. Travel ban

5. Advance passenger information systems. The Monitoring Team recommended that the Committee request that the Secretariat, further to a technical paper from the Monitoring Team at the end of December 2014, publish, by June 2015, a version of the Sanctions List that structures identification data in a manner compatible with current advance passenger information systems, including the Passenger Name Record Government (PNRGOV) and the United Nations Electronic Data Interchange for Administration, Commerce and Transport passenger list message (UN/EDIFACT PAXLST) data structures used for advance passenger information systems.

6. The Committee was not able to agree on that specific recommendation but noted that, in paragraph 9 of its resolution 2178 (2014), the Security Council called upon Member States to require that airlines operating in their territories provide advance passenger information to the appropriate national authorities in order to detect the departure from their territories, or attempted entry into or transit through their territories, by means of civil aircraft, of individuals on the Al-Qaida Sanctions List. Furthermore, in paragraph 8 of resolution 2195 (2014), the Security Council encouraged Member States and relevant organizations, as appropriate, to build the capacity to secure their borders against terrorists, including through the strengthening of national, regional and global systems to collect, analyse and exchange information.

7. The Committee, in accordance with paragraphs (i) and (y) of annex I of resolution 2161 (2014), encouraged the Monitoring Team to consult with relevant representatives of international organizations, including the International Air Transport Association, the International Civil Aviation Organization and the World Customs Organization, to promote awareness of, and enhance compliance with, the travel ban, and to present to the Committee further recommendations that could be used by Member States to assist them with the implementation of the travel ban and of paragraph 9 of resolution 2178 (2014).

IV. Arms embargo

8. Lost and stolen military materials. The Monitoring Team recommended that the Committee, by the end of December 2014, by means of a note verbale to Member States, highlight the importance of keeping records of lost and stolen military materials to counter the threat of the use of improvised explosive devices by Al-Qaida associates and encourage Member States that have not yet done so to establish databases for that purpose, in accordance with their national legislation.

9. The Committee was not able to agree on that recommendation.

11Nov15

Position of the UNSC Committee pursuant to resolutions 1267 (1999) and 1989 (2011) concerning Al-Qaida on the recommendations contained in the 16th report of the Analytical Support and Sanctions Monitoring Team

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