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UNCLAS SECTION 01 OF 13 USUN NEW YORK 001130 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ETTC PREL EFIN PTER KTFN UNSC
SUBJECT: 1267: COUNCIL SETS OUT BOLD REFORMS FOR AL QAEDA / 
TALIBAN SANCTIONS REGIME 
 
USUN NEW Y 00001130  001.2 OF 013 
 
 
¶1. (SBU) SUMMARY: The Security Council unanimously adopted 
resolution 1904 on December 17, setting out bold reforms of 
the sanctions regime concerning al-Qaida and the Taliban and 
extending the mandate of the 1267 Analytical Support and 
Sanctions Monitoring Team ("the Monitoring Team") for an 
additional 18 months.  The U.S.-drafted resolution reaffirmed 
the Security Council's commitment to combating the threat 
posed to international peace and security by al-Qaida and the 
Taliban, significantly improved the fairness and transparency 
of procedures used to designate and remove terrorists from 
the UN Consolidated List, included measures to improve the 
accuracy and effectiveness of the regime, and appointed an 
Ombudsperson to receive requests from individuals who want to 
have the sanctions on them removed.  Austria's Perm Rep, 
Thomas Mayr-Harting, chair of the 1267 Committee, welcomed 
the new resolution's fairness enhancements, most notably the 
creation of an Ombudsperson, and praised the United States 
for driving these improvements.  Costa Rica's Perm Rep, Jorge 
Urbina, conveyed similar sentiments, but implied the reforms 
did not go far enough.  Initial feedback from other 
delegations has been overwhelmingly positive, including from 
the so-called "Like Minded" countries that had previously 
been most critical of the regime. END SUMMARY. 
 
¶2. (SBU) The Security Council unanimously adopted resolution 
1904 on December 17 (see full text in paragraph 9), setting 
out bold reforms for the sanctions regime concerning al-Qaida 
and the Taliban, established pursuant to resolution 1267 
(1999), and extending the mandate of the 1267 Monitoring Team 
for an additional 18 months.  The U.S.-drafted resolution 
reaffirmed the Security Council's commitment to combating the 
threat posed to international peace and security by al-Qaida 
and the Taliban.  The resolution also created a series of new 
procedures to improve the accuracy and effectiveness of the 
regime by ensuring that the Consolidated List of sanctioned 
individuals and entities remains as updated as possible.  The 
resolution calls on Member States to participate actively in 
maintaining and updating the 1267 Consolidated List and gives 
additional impetus to ongoing efforts to review entries on 
the Consolidated List to ensure that the sanctions remain 
relevant and justified. 
 
¶3. (SBU) The resolution also builds on the procedural 
enhancements created in earlier 1267 resolutions by 
continuing to ensure the fairness and transparency of the 
1267 Committee's listing and delisting procedures.  These new 
measures include: reaffirming the Committee's commitment to 
the comprehensive review of the entire Consolidated List 
(begun in June 2008) by June 30, 2010, and calling for 
regular reviews of this List every three years; conducting 
annual reviews of those individuals who are reportedly 
deceased, as well as entries that lack adequate identifying 
information; and reforming Committee procedures so that 
decisions on important issues cannot remain pending 
indefinitely. 
 
¶4. (SBU) Notably, the most significant addition to the 1267 
regime is the creation of an "Ombudsperson" position.  The 
Ombudsperson will lead a new process to help the Committee 
assemble information when it is presented with a delisting 
request from a listed individual or entity.  After engaging 
with the petitioner, Committee members, and the Monitoring 
Team, the Ombudsperson will prepare a final report for the 
Committee summarizing the available information, describing 
the process used to consider the request, and laying out the 
arguments concerning the delisting request.  At the end of 
this process, the Ombudsperson will send a letter to the 
petitioner conveying, to the extent possible, additional 
information about the Committee's decision, including an 
updated summary of reasons for listing.  The creation of this 
Ombudsperson position has been vigorously supported by 
numerous countries, particularly those who are facing legal 
challenges in Europe, which are concerned that certain 
perceived fairness deficiencies in the 1267 regime will make 
it more challenging for certain States to implement the 
sanctions. 
 
¶5. (SBU) After the resolution was adopted, Austria's Perm 
Rep, Thomas Mayr-Harting, chair of the 1267 Committee, 
expressed his gratitude to the Council, especially the United 
States, for agreeing to a resolution that continued to ensure 
the fairness and transparency of the regime.  He noted that 
the regime has had many shortcomings in the past, but that he 
 
USUN NEW Y 00001130  002.2 OF 013 
 
 
was confident that the creation of the Ombudsperson and the 
requirement that no 1267 Committee matters can remain pending 
indefinitely will improve the Committee's fair and clear 
procedures.  Notably, he said that the establishment of the 
Ombudsperson was "a significant step forward in improving the 
fairness and transparency of the 1267 regime".  He cautioned 
the Council, however, that much of the 1267 regime's success 
will depend on the practical implementation of this 
resolution. 
 
¶6. (SBU) Costa Rica's Perm Rep, Jorge Urbina, expressed 
similar remarks and congratulated the Council on improving 
the fairness and transparency of the 1267 regime.  He said 
that although he would have preferred an Ombudsperson that 
was empowered to provide formal recommendations to the 
Committee on individual delisting requests, he said he was 
pleased with the resolution and that it was certainly "a step 
in the right direction". 
 
¶7. (SBU) Initial feedback about this resolution from other 
delegations, including those not on the Security Council, has 
been overwhelmingly positive.  On December 10, one week prior 
to adoption of resolution 1904, USUN Sanctions Unit chief 
discussed the reforms at a meeting of the so-called Like 
Minded countries, a collection of mostly European states who 
have been major proponents over the last few years of 
improving the fairness and transparency of the 1267 regime, 
particularly in response to the recent 1267-linked 
litigation.  USUN presented the principal elements of the new 
resolution, emphasizing the need to broaden the discussion 
beyond the fairness issues and address also challenges to 
Member State implementation and the need for the regime to 
evolve in pace with the ever-changing threat.  Various Like 
Minded countries enthusiastically praised the U.S.-proposed 
reforms, with many welcoming what they claimed was a new U.S 
openness to listen to their concerns about the problems with 
this regime. 
 
¶8. (SBU) In this meeting, the Swiss Perm Rep called the U.S. 
package of reforms "a very significant improvement" and noted 
that the creation of an independent Ombudsperson was a great 
leap in a short period of time.  A representative from the 
Danish mission, who noted that Denmark had originally 
suggested the establishment of the Ombudsperson in 2005, said 
they were very pleased and thought the resolution was an 
important step in the right direction.  The Perm Reps of both 
Norway and Liechtenstein were particularly thankful for the 
efforts of the United States and agreed that the new 1267 
resolution would continue to ensure the regime's fair and 
clear procedures.  They noted, however, that it was important 
to provide for the independence and impartiality of the 
Ombudsperson. 
 
¶9. (SBU) Begin Text of Resolution 1904: 
 
 The Security Council, 
 
PP 1 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), and 1822 (2008), and the 
relevant statements of its President, 
 
PP 2 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, Usama bin Laden, the 
Taliban and other individuals, groups, undertakings and 
entities associated with them, 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, 
 
PP 3 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, 
 
 
USUN NEW Y 00001130  003.2 OF 013 
 
 
PP 4 Expressing concern at the increase in incidents of 
kidnapping and hostage-taking by individuals, groups, 
undertakings and entities associated with Al-Qaida, Usama bin 
Laden or the Taliban with the aim of raising funds, or 
gaining political concessions, 
 
PP 5 Reiterating its support for the fight against illicit 
production and trafficking of drugs from, and chemical 
precursors to Afghanistan, in neighboring countries, 
countries on trafficking routes, drug destination countries 
and precursors producing countries, 
 
PP 6  Stressing that terrorism can only be defeated by a 
sustained and comprehensive approach involving the active 
participation and collaboration of all States, and 
international and regional organizations to impede, impair, 
isolate and incapacitate the terrorist threat, 
 
PP 7 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, 
 
PP 8 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, 
 
PP 9 Taking note of 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, 
 
PP 10 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, 
 
PP 11 Recalling the adoption by the General Assembly of the 
United Nations Global Counter-Terrorism Strategy (A/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, 
 
PP 12 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 Counterterrorism Implementation Task 
Force (CTITF) to ensure overall coordination and coherence in 
the counterterrorism efforts of the UN system, 
 
PP 13 Noting with concern the continued threat posed to 
international peace and security ten years after the adoption 
of resolution 1267 (1999) by Al-Qaida, Usama bin Laden and 
the Taliban, and other individuals, groups, undertakings and 
entities associated with them, and reaffirming its resolve to 
address all aspects of that threat, 
 
PP 14 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 4(b) of resolution 1267 
(1999), paragraph 8(c) of resolution 1333 (2000), and 
paragraphs 1 and 2 of resolution 1390 (2002), with respect to 
Al-Qaida, Usama bin Laden 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) ("the Consolidated 
List8): 
a)    Freeze without delay the funds and other financial 
 
USUN NEW Y 00001130  004.2 OF 013 
 
 
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 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, 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; 
 
¶2.    Reaffirms that acts or activities indicating that an 
individual, group, undertaking, or entity is associated with 
Al-Qaida, Usama bin Laden or the Taliban 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 
d)    otherwise supporting acts or activities of 
Al-Qaida, Usama bin Laden or the Taliban, or any cell, 
affiliate, splinter group or derivative thereof; 
 
¶3.    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, Usama bin Laden or the Taliban 
shall be eligible for designation; 
 
¶4.    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, Usama bin Laden, or the Taliban and other 
individuals, groups, undertakings, or entities associated 
with them; 
 
¶5.    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 
Consolidated List; 
 
¶6.    Decides that Member States may permit the addition to 
accounts frozen pursuant to the provisions of paragraph 1 
above of any payment in favor 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; 
 
¶7.    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 guidelines to facilitate their use by 
Member States and to continue to ensure that humanitarian 
exemptions are granted expeditiously and transparently; 
 
Listing 
 
¶8.    Encourages all Member States to submit to the Committee 
for inclusion on the Consolidated List names of individuals, 
groups, undertakings and entities participating, by any 
means, in the financing or support of acts or activities of 
Al-Qaida, Usama bin Laden or the Taliban, and other 
individuals, groups, undertakings and entities associated 
 
USUN NEW Y 00001130  005.2 OF 013 
 
 
with them, as described in paragraph 2 of resolution 1617 
(2005) and reaffirmed in paragraph 2 above, and further 
encourages Member States to appoint a national contact point 
concerning entries on the Consolidated List; 
 
¶9.     Notes that such means of financing or support include 
but are not limited to the use of proceeds derived from 
illicit cultivation, production and trafficking of narcotic 
drugs originating particularly in Afghanistan, and their 
precursors; 
 
¶10.   Reiterates its call for continued cooperation between 
the Committee and the Government of Afghanistan and the 
United Nations Assistance Mission in Afghanistan (UNAMA), 
including by identifying individuals and entities 
participating in the financing or support of acts or 
activities of Al-Qaida and the Taliban as described in 
paragraph 30 of resolution 1806 (2008); 
 
¶11.   Reaffirms that, when proposing names to the Committee 
for inclusion on the Consolidated 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 14 
below; 
 
¶12.   Encourages Member States proposing a new designation, 
as well as Member States that have proposed names for 
inclusion on the Consolidated List before the adoption of 
this resolution, to specify whether the Committee may make 
known, upon request from a Member State, the Member State's 
status as a designating State; 
 
¶13.   Calls upon Member States, when proposing names to the 
Committee for inclusion on the Consolidated List to use the 
new standard form for listing, once it is adopted and placed 
on the Committee's website, and requests that they 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 directs the Committee to update, as necessary, 
the standard form for listing in accordance with the 
provisions of this resolution; 
 
¶14.   Directs 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 Consolidated 
List, a narrative summary of reasons for listing for the 
corresponding entry or entries, and further 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 listing for 
entries that were added to the Consolidated List before the 
date of adoption of resolution 1822 (2008); 
 
¶15.   Encourages Member States and relevant international 
organizations to inform  the Committee of any relevant court 
decisions and proceedings so that the Committee can consider 
them when it reviews a corresponding listing or updates a 
narrative summary of reasons for listing; 
 
¶16.   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 14; 
 
¶17.   Directs the Committee to amend its Guidelines to extend 
the period of time for members of the Committee to verify 
that names proposed for listing merit inclusion in the 
Consolidated List and include adequate identifying 
information to ensure full implementation of the measures, 
with exceptions, at the Committee chair's discretion, for 
emergency and time-sensitive listings, and notes that listing 
 
USUN NEW Y 00001130  006.2 OF 013 
 
 
requests may be placed on the Committee's agenda upon 
request of a Committee member; 
 
¶18.   Decides that the Secretariat shall, after publication 
but within three working days after a name is added to the 
Consolidated 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), and 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 
Consolidated List; 
 
¶19.   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 paragraphs 20 and 21 and 
Annex II of this resolution, and the provisions of resolution 
1452 (2002) regarding available exemptions; 
 
Delisting / Ombudsperson 
 
¶20.   Decides that, when considering delisting requests, the 
Committee shall be assisted by an Office of the Ombudsperson, 
to be established for an initial period of 18 months from the 
date of adoption of this resolution, and requests the 
Secretary-General, in close consultation with the Committee, 
to appoint an eminent individual of high moral character, 
impartiality and integrity with high qualifications and 
experience in relevant fields, such as legal, human rights, 
counter-terrorism and sanctions, to be Ombudsperson, with the 
mandate outlined in Annex II of this resolution, and further 
decides that the Ombudsperson shall perform these tasks in an 
independent and impartial manner and shall neither seek nor 
receive instructions from any government; 
 
¶21.   Decides that, after the appointment of the 
Ombudsperson, the Office of the Ombudsperson shall receive 
requests from individuals and entities seeking to be removed 
from the Consolidated List, in accordance with the procedures 
outlined in Annex II of this resolution, and that, after the 
appointment of the Ombudsperson, the Focal Point mechanism 
established in resolution 1730 (2006) shall no longer receive 
such requests, and notes that the Focal Point shall continue 
to receive requests from individuals and entities seeking to 
be removed from other sanctions lists; 
 
¶22.   Directs the Committee to continue to work, in 
accordance with its guidelines, to consider delisting 
requests of Member States for the removal from the 
Consolidated List of members and/or associates of Al-Qaida, 
Usama bin Laden, or the Taliban who no longer meet the 
criteria established in the relevant resolutions, which shall 
be placed on the Committee's agenda upon request of a member 
of the Committee; 
 
¶23.   Encourages States to submit delisting requests for 
individuals that are officially confirmed to be dead, 
particularly where no assets are identified, and for entities 
that 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 entities or 
individuals on the Consolidated List; 
 
¶24.   Encourages Member States, when unfreezing the assets of 
a deceased individual or defunct entity 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; 
 
¶25.   Encourages the Committee to give due consideration to 
the opinions of designating State(s), and State(s) of 
 
USUN NEW Y 00001130  007.2 OF 013 
 
 
residence, nationality or incorporation when considering 
delisting requests, and  calls on Committee members to make 
every effort to provide their reasons for objecting to such 
delisting requests; 
 
¶26.   Requests the Monitoring Team, upon conclusion of the 
review pursuant to paragraph 25 of resolution 1822 (2008), to 
circulate to the Committee every six months a list of 
individuals on the Consolidated 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 encourages the Committee to remove 
listings of deceased individuals where credible information 
regarding death is available; 
 
¶27.   Decides that the Secretariat shall, within three 
working days after a name is removed from the Consolidated 
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), and demands that States receiving such notification 
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 Consolidated List 
 
¶28.   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; 
 
¶29.   Welcomes the significant progress made by the Committee 
in its review of all names on the Consolidated List pursuant 
to paragraph 25 of resolution 1822 (2008), directs the 
Committee to complete this review by 30 June 2010, and 
requests that all States concerned respond to requests from 
the Committee for information relevant to this review no 
later than 1 March 2010; 
 
¶30.    Requests the Monitoring Team to submit a report to the 
Committee by 30 July 2010  on the outcome of the review 
described in paragraph 25 of resolution 1822 (2008) and the 
efforts made by the Committee, Member States and the 
Monitoring Team to conduct the review; 
 
¶31.   Requests the Monitoring Team, upon conclusion of the 
review described in paragraph 25 of resolution 1822 (2008), 
to circulate to the Committee annually a list of individuals 
and entities on the Consolidated 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; 
 
¶32.   Further directs the Committee, upon completion of the 
review described in paragraph 25 of resolution 1822 (2008), 
to conduct an annual review of all names on the Consolidated 
List that have not been reviewed in three or more years, in 
which the relevant names are circulated to the designating 
States and States of residence and/or citizenship, where 
known, pursuant to the procedures set forth in the Committee 
guidelines, in order to ensure the Consolidated List is as 
updated and accurate as possible and to confirm that listing 
remains 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 of that listing; 
 
Measures implementation 
 
¶33.   Reiterates the importance of all States identifying, 
 
USUN NEW Y 00001130  008.2 OF 013 
 
 
and if necessary introducing, adequate procedures to 
implement fully all aspects of the measures described in 
paragraph 1 above; 
 
¶34.   Encourages the Committee to continue to ensure that 
fair and clear procedures exist for placing individuals and 
entities on the Consolidated List and for removing them as 
well as for granting humanitarian exemptions, and directs the 
Committee to keep its guidelines under active review in 
support of these objectives; 
 
¶35.   Directs the Committee, as a matter of priority, to 
review its guidelines with respect to the provisions of this 
resolution, in particular paragraphs 7, 13, 14, 17, 18, 22, 
23, 34, and 41; 
 
¶36.   Encourages Member States and relevant international 
organizations to send representatives to meet the Committee 
for more in-depth discussion of relevant issues and welcomes 
voluntary briefings from interested Member States on their 
efforts to implement the measures referred to in paragraph 1 
above, including particular challenges that hinder full 
implementation of the measures; 
 
¶37.   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; 
 
¶38.   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 Chairman, in periodic reports to 
the Council pursuant to paragraph 46 below, to provide 
progress reports on the Committee's work on this issue; 
 
¶39.   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; 
 
¶40.   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; 
 
¶41.   Directs the Committee to amend its guidelines to ensure 
that no matter is 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, and 
further directs any Committee member that has requested more 
time to consider a proposal to provide updates after three 
months of their progress in resolving all pending matters; 
 
¶42.   Directs the Committee to conduct a comprehensive review 
of all issues pending before the Committee as of the date of 
adoption of this resolution, and further urges the Committee 
and its members to resolve all such pending issues, to the 
extent possible, by 31 December 2010; 
 
Coordination and outreach 
 
¶43.   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 intention to provide guidance to the committees on areas 
of common interest in order better to coordinate their 
 
USUN NEW Y 00001130  009.2 OF 013 
 
 
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; 
 
¶44.   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 sub-regional 
workshops; 
 
¶45.   Requests the Committee to consider, where and when 
appropriate, visits to selected countries by the Chairman 
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) and 1822 (2008); 
 
¶46.   Requests the Committee to report orally, through its 
Chairman, 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 
Chairmen of CTC and the Committee established pursuant to 
resolution 1540 (2004), including briefings for all 
interested Member States; 
 
Monitoring Team 
 
¶47.   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, 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 1, and requests the Secretary-General to make the 
necessary arrangements to this effect; 
 
Reviews 
 
¶48.   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; 
 
¶49.   Decides to remain actively seized of the matter. 
 
ANNEX I 
 
In accordance with paragraph 47 of this resolution, the 
Monitoring Team shall operate under the direction of the 
Committee established pursuant to resolution 1267 (1999) and 
shall have the following responsibilities: 
 
a)    To submit, in writing, two comprehensive, independent 
reports to the Committee, one by 30 July 2010, in accordance 
with paragraph 30 above, and the second by 22 February 2011, 
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 Consolidated 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 analyze 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 fulfill its responsibilities, including proposed 
travel, based on close coordination with CTED and the 1540 
 
USUN NEW Y 00001130  010.2 OF 013 
 
 
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 
Consolidated List; 
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 11; 
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 
counterterrorism 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 
Consolidated 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 Consolidated 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 Taliban 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, Usama bin Laden and the 
Taliban, and other individuals, groups, undertakings and 
entities associated with them; 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 work with INTERPOL and Member States to obtain 
photographs of listed individuals for possible inclusion in 
INTERPOL Special Notices; 
x)    To assist other subsidiary bodies of the Security 
Council, and their expert panels, upon request, with 
enhancing their cooperation with INTERPOL, referred to in 
 
USUN NEW Y 00001130  011.2 OF 013 
 
 
resolution 1699 (2006); 
y)    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; 
z)    Any other responsibility identified by the Committee. 
 
ANNEX II: 
 
In accordance with paragraph 20 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 Consolidated List ("the 
petitioner"). 
 
Information Gathering (two 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; and, 
d)    Inform the petitioner in case the petition fails to 
properly address the original designation criteria, as set 
forth in paragraph 2 of this resolution, and return it to the 
petitioner for his or her consideration; 
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 two 
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 two 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; 
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 two-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 
 
USUN NEW Y 00001130  012.2 OF 013 
 
 
if he or she assesses that more time is required for 
engagement and the drafting of the Comprehensive Report 
described in paragraph 7 below. 
 
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)    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; and, 
c)    Shall coordinate with States, the Committee and the 
Monitoring Team regarding any further inquiries of, or 
response to, the petitioner; 
 
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 observations, lay 
out for the Committee the principal arguments concerning the 
delisting request. 
 
Committee Discussion and Decision (two months) 
 
8)    After the Committee has had thirty days to review the 
Comprehensive Report, 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)   After the Committee consideration, the Committee shall 
decide whether to approve the delisting request through its 
normal decision-making procedures. 
 
11)   If the Committee decides to grant the delisting 
request, then the Committee shall inform the Ombudsperson of 
this decision.  The Ombudsperson shall then inform the 
petitioner of this decision and the listing shall be removed 
from the Consolidated List. 
 
12)   If the Committee decides to reject the delisting 
request, then the Committee shall convey to the Ombudsperson 
its decision including, as appropriate, explanatory comments, 
any further relevant information about the Committee's 
decision, and an updated narrative summary of reasons for 
listing. 
 
13)   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 
12 above. 
 
14)   In all communications with the petitioner, the 
Ombudsperson shall respect the confidentiality of Committee 
deliberations and confidential communications between the 
Ombudsperson and Member States. 
 
 
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Other Office of the Ombudsperson Tasks 
 
15)   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, to anyone who 
requests such information; 
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 18 of this resolution; and, 
c)    Submit biannual reports summarizing the activities of 
the Ombudsperson to the Security Council. 
 
//END TEXT// 
RICE