UN Security Council Resolution on Taliban, al Qaida

(Security Council resolution 1390 extends sanctions) (1420)

United Nations -- The United Nations Security Council January 16
unanimously adopted a resolution continuing sanctions against the
Taliban, Usama bin Laden and bin Laden's al Qaida terrorist
organization.

The resolution, which was passed under Chapter VII of the UN Charter,
requires nations to take a number of steps against the two
organizations and those associated with them including freezing
economic resources, preventing the supply or sale of weapons, and
preventing members of the two groups from entering or traveling
through their territories.

The Council also asked the Sanctions Committee to regularly update the
list of al Qaida and Taliban members, groups, and other entities
associated with them and directed nations to report to the
Counterterrorism Committee what actions have been taken to implement
the sanctions.

The resolution also mentioned the termination of the sanctions against
Ariana Afghan Airlines. In a separate resolution passed January 15,
the Council noted that Afghanistan's national airlines is no longer
owned, leased, or operated by or on behalf of the Taliban, therefore,
the sanctions first applied on the airline in 1999 are no longer
necessary.

Following is the text of the UNSC resolution:

(begin text)

Resolution 1390

The Security Council,

Recalling its resolutions 1267 (1999) of 15 October 1999, 1333 (2000)
of 19 December 2000 and 1363 (2001) of 30 July 2001,

Reaffirming its previous resolutions on Afghanistan, in particular
resolutions 1378 (2001) of 14 November 2001 and 1383 (2001) of 6
December 2001,

Reaffirming also its resolutions 1368 (2001) of 12 September 2001 and
1373 (2001) of 28 September 2001, and reiterating its support for
international efforts to root out terrorism, in accordance with the
Charter of the United Nations,

Reaffirming its unequivocal condemnation of the terrorist attacks
which took place in New York, Washington and Pennsylvania on 11
September 2001, expressing its determination to prevent all such acts,
noting the continued activities of Usama bin Laden and the Al-Qaida
network in supporting international terrorism, and expressing its
determination to root out this network,

Noting the indictments of Usama bin Laden and his associates by the
United States of America for, inter alia, the 7 August 1998 bombings
of the United States embassies in Nairobi, Kenya and Dar es Salaam,
Tanzania,

Determining that the Taliban have failed to respond to the demands in
paragraph 13 of resolution 1214 (1998) of 8 December 1998, paragraph 2
of resolution 1267 (1999) and paragraphs 1, 2 and 3 of resolution 1333
(2000),

Condemning the Taliban for allowing Afghanistan to be used as a base
for terrorists training and activities, including the export of
terrorism by the Al-Qaida network and other terrorist groups as well
as for using foreign mercenaries in hostile actions in the territory
of Afghanistan,

Condemning the Al-Qaida network and other associated terrorist groups,
for the multiple criminal, terrorist acts, aimed at causing the deaths
of numerous innocent civilians, and the destruction of property,

Reaffirming further that acts of international terrorism constitute a
threat to international peace and security,

Acting under Chapter VII of the Charter of the United Nations,

1. Decides to continue the measures imposed by paragraph 8 (c) of
resolution 1333 (2000) and takes note of the continued application of
the measures imposed by paragraph 4 (b) of resolution 1267 (1999) in
accordance with paragraph 2 below, and decides to terminate the
measures imposed in paragraph 4 (a) of resolution 1267 (1999);

2. Decides that all States shall take the following measures with
respect to Usama bin Laden, members of the Al-Qaida organization and
the Taliban and other individuals, groups, undertakings and entities
associated with them, as referred to in the list created pursuant to
resolutions 1267 (1999) and 1333 (2000) to be updated regularly by the
Committee established pursuant to resolution 1267 (1999) hereinafter
referred to as "the Committee";

(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 any persons within their territory;

(b) Prevent the entry into or the transit through their territories of
these individuals, provided that nothing in this paragraph shall
oblige any State to deny entry into 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 fulfillment 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 and 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;

3. Decides that the measures referred to in paragraphs 1 and 2 above
will be reviewed in 12 months and that at the end of this period the
Council will either allow these measures to continue or decide to
improve them, in keeping with the principles and purposes of this
resolution;

4. Recalls the obligation placed upon all Member States to implement
in full resolution 1373 (2001), including with regard to any member of
the Taliban and the Al-Qaida organization, and any individuals,
groups, undertakings and entities associated with the Taliban and the
Al-Qaida organization, who have participated in the financing,
planning, facilitating and preparation or perpetration of terrorist
acts or in supporting terrorist acts;

5. Requests the Committee to undertake the following tasks and to
report on its work to the Council with its observations and
recommendations;

(a) to update regularly the list referred to in paragraph 2 above, on
the basis of relevant information provided by Member States and
regional organizations;

(b) to seek from all States information regarding the action taken by
them to implement effectively the measures referred to in paragraph 2
above, and thereafter to request from them whatever further
information the Committee may consider necessary;

(c) to make periodic reports to the Council on information submitted
to the Committee regarding the implementation of this resolution;

(d) to promulgate expeditiously such guidelines and criteria as may be
necessary to facilitate the implementation of the measures referred to
in paragraph 2 above;

(e) to make information it considers relevant, including the list
referred to in paragraph 2 above, publicly available through
appropriate media;

(f) to cooperate with other relevant Security Council Sanctions
Committees and with the Committee established pursuant to paragraph 6
of its resolution 1373 (2001);

6. Requests all States to report to the Committee, no later than 90
days from the date of adoption of this resolution and thereafter
according to a timetable to be proposed by the Committee, on the steps
they have taken to implement the measures referred to in paragraph 2
above;

7. Urges all States, relevant United Nations bodies, and, as
appropriate, other organizations and interested parties to cooperate
fully with the Committee and with the Monitoring Group referred to in
paragraph 9 below;

8. Urges all States to take immediate steps to enforce and strengthen
through legislative enactments or administrative measures, where
appropriate, the measures imposed under domestic laws or regulations
against their nationals and other individuals or entities operating on
their territory, to prevent and punish violations of the measures
referred to in paragraph 2 of this resolution, and to inform the
Committee of the adoption of such measures, and invites States to
report the results of all related investigations or enforcement
actions to the Committee unless to do so would compromise the
investigation or enforcement actions;

9. Requests the Secretary-General to assign the Monitoring Group
established pursuant to paragraph 4 (a) of resolution 1363 (2001),
whose mandate expires on 19 January 2002, to monitor, for a period of
12 months, the implementation of the measures referred to in paragraph
2 of this resolution;

10. Requests the Monitoring Group to report to the Committee by 31
March 2002 and thereafter every 4 months;

11. Decides to remain actively seined of the matter.

(end UNSC text)

(end text)

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