               United Nations                                                                   S/RES/2078 (2012)
               Security Council                                                 Distr.: General
                                                                                28 November 2012

               Resolution 2078 (2012)
               Adopted by the Security Council at its 6873rd meeting, on
               28 November 2012

                    The Security Council,
                    Recalling its previous resolutions and the statements of its President
               concerning the Democratic Republic of the Congo,
                     Reaffirming its strong commitment to the sovereignty, independence, unity and
               territorial integrity of the DRC as well as all States in the region and emphasizing
               the need to respect fully the principles of non-interference, good neighbourliness
               and regional cooperation,
                     Stressing the primary responsibility of the Government of the Democratic
               Republic of the Congo for ensuring security in its territory and protecting its
               civilians with respect for the rule of law, human rights and international
               humanitarian law,
                     Taking note of the interim report (S/2012/348), its addendum
               (S/2012/348/Add.1) and the final report (S/2012/843) of the Group of Experts on the
               Democratic Republic of the Congo (“the Group of Experts”) established pursuant to
               resolution 1771 (2007) and extended pursuant to resolutions 1807 (2008), 1857
               (2008), 1896 (2009), 1952 (2010) and 2021 (2011) and of their recommendations,
                   Reiterating its deep concern regarding the rapidly deteriorating security and
               humanitarian crisis in eastern DRC due to ongoing military activities of the
               23 March Movement (M23),
                    Reiterating its strong condemnation of any and all external support to the M23,
               including through troop reinforcement, tactical advice and the supply of equipment,
               and expressing deep concern at reports and allegations indicating that such support
               continues to be provided to the M23,
                     Condemning the continuing illicit flow of weapons within and into the DRC in
               violation of resolutions 1533 (2004), 1807 (2008), 1857 (2008), 1896 (2009), 1952
               (2010), and 2021 (2011) declaring its determination to continue to monitor closely
               the implementation of the arms embargo and other measures set out by its
               resolutions concerning the DRC,
                      Recalling the linkage between the illegal exploitation of natural resources,
               illicit trade in such resources and the proliferation and trafficking of arms as one of

12-61343 (E)
*1261343*

S/RES/2078 (2012)

               the major factors fuelling and exacerbating conflicts in the Great Lakes region of
               Africa, and encouraging the continuation of the regional efforts of the International
               Conference on the Great Lakes Region (ICGLR) against the illegal exploitation of
               natural resources,
                     Noting with great concern the persistence of serious human rights abuses and
               humanitarian law violations against civilians in the eastern part of the DRC,
               including summary executions, sexual and gender based violence and large scale
               recruitment and use of child soldiers committed by the M23 and other armed groups,
                    Calling for all perpetrators, including individuals responsible for violence
               against children and acts of sexual violence, to be apprehended, brought to justice
               and held accountable for violations of applicable international law,
                    Welcoming the efforts of the United Nations Secretary-General as well as of
               the International Conference on the Great Lakes Region (ICGLR), the Southern
               African Development Community (SADC) and the African Union, to restore peace
               and security in Eastern DRC,
                    Welcoming the efforts of the Chair of the ICGLR in convening the
               Extraordinary Summits of 15 July 2012, 7-8 August 2012, 8 September 2012,
               8 October 2012 and 24 November to address the situation in Eastern DRC,
                     Recalling all its relevant resolutions on women and peace and security, on
               children and armed conflict, and on the protection of civilians in armed conflicts,
                     Calling on all parties to cooperate fully with the United Nations Organization
               Stabilization Mission in the DRC (MONUSCO), and reiterating its condemnation of
               any attacks against peacekeepers and emphasizing that those responsible for such
               attacks must be brought to justice,
                     Determining that the situation in the DRC continues to constitute a threat to
               international peace and security in the region,
                    Acting under Chapter VII of the Charter of the United Nations,
                     1.   Decides to renew until 1 February 2014 the measures on arms imposed
               by paragraph 1 of resolution 1807 (2008) and reaffirms the provisions of paragraphs
               2, 3 and 5 of that resolution;
                     2.    Decides to renew, for the period specified in paragraph 1 above, the
               measures on transport imposed by paragraphs 6 and 8 of resolution 1807 (2008) and
               reaffirms the provisions of paragraph 7 of that resolution;
                    3.    Decides to renew, for the period specified in paragraph 1 above, the
               financial and travel measures imposed by paragraphs 9 and 11 of resolution 1807
               (2008) and reaffirms the provisions of paragraphs 10 and 12 of that resolution
               regarding the individuals and entities referred to in paragraph 4 of resolution 1857
               (2008) and reaffirms the provisions of paragraphs 10 and 12 of resolution 1807
               (2008) in relation to those measures;
                    4.   Decides that the measures referred to in paragraph 3 above shall apply to
               the following individuals, and, as appropriate, entities, as designated by the
               Committee:
                     (a) Persons or entities acting in violation of the measures taken by Member
               States in accordance with paragraph 1 above;

2                                                                                12-61343

                                                                                S/RES/2078 (2012)

                 (b) Political and military leaders of foreign armed groups operating in the
           Democratic Republic of the Congo who impede the disarmament and the voluntary
           repatriation or resettlement of combatants belonging to those groups;
                 (c) Political and military leaders of Congolese militias receiving support
           from outside the Democratic Republic of the Congo, who impede the participation
           of their combatants in disarmament, demobilization and reintegration processes;
                 (d) Political and military leaders operating in the Democratic Republic of the
           Congo and recruiting or using children in armed conflict contrary to applicable
           international law;
                 (e) Individuals or entities operating in the Democratic Republic of the Congo
           and committing serious violations involving the targeting of children or women in
           situations of armed conflict, including killing and maiming, sexual violence,
           abduction, and forced displacement;
               (f) Individuals or entities obstructing the access to or the distribution of
           humanitarian assistance in the eastern part of the Democratic Republic of the
           Congo;
                (g) Individuals or entities illegally supporting armed groups in the eastern
           part of the Democratic Republic of the Congo through illicit trade of natural
           resources, including gold;
                (h) Individuals or entities acting on behalf of or at the direction of a
           designated individual or entity owned or controlled by a designated individual;
              (i) Individuals or entities who plan, sponsor or participate in attacks against
           MONUSCO peacekeepers;
                  5.   Requests the Secretary-General to extend, for a period expiring on
           1 February 2014, the Group of Experts established pursuant to resolution 1533
           (2004) and renewed by subsequent resolutions and requests the Group of Experts to
           fulfil its mandate as set out in paragraph 18 of resolution 1807 (2008) and expanded
           by paragraphs 9 and 10 of resolution 1857 (2008), and to present to the Council,
           through the Committee, a written mid-term report by 28 June 2013, and a written
           final report before 13 December 2013, welcomes the practice of receiving additional
           updates of the Group of Experts as appropriate, and further requests that, after a
           discussion with the Committee, the Group of Experts submit to the Council its final
           report upon termination of the Group’s mandate;
                 6.    Strongly condemns the M23 and all its attacks on the civilian population,
           MONUSCO peacekeepers and humanitarian actors, as well as its abuses of human
           rights, including summary executions, sexual and gender based violence and large
           scale recruitment and use of child soldiers, further condemns the attempts by the
           M23 to establish an illegitimate parallel administration and to undermine State
           authority of the Government of the DRC, and reiterates that those responsible for
           crimes and human rights abuses will be held accountable;
                7.    Demands that the M23 and other armed groups, including the Democratic
           Forces for the Liberation of Rwanda (FDLR), the Lord’s Resistance Army (LRA),
           Mai Mai militias, the Forces Nationales de Liberation (FNL) and the Allied
           Democratic Forces (ADF) cease immediately all forms of violence and other

12-61343                                                                                3

S/RES/2078 (2012)

               destabilizing activities and release immediately all child soldiers and permanently
               lay down their arms;
                     8.    Expresses deep concern at reports indicating that external support
               continues to be provided to the M23, including through troop reinforcement, tactical
               advice and the supply of equipment, causing a significant increase of the military
               abilities of the M23, and reiterates its demand that any and all outside support to the
               M23 cease immediately;
                     9.   Expresses its intention to consider additional targeted sanctions, in
               accordance with the criteria set out in paragraph 4 of this resolution, against the
               leadership of the M23 and those providing external support to the M23 and those
               acting in violation of the sanctions regime and the arms embargo, and calls on all
               Member States to submit, as a matter of urgency, listing proposals to the 1533
               Committee;
                    10. Decides that the measures imposed by paragraph 9 of resolution 1807
               (2008) shall not apply:
                     (a) Where the Committee determines in advance and on a case-by-case basis
               that such travel is justified on the grounds of humanitarian need, including religious
               obligation;
                    (b) Where the Committee concludes that an exemption would further the
               objectives of the Council’s resolutions, that is peace and national reconciliation in
               the Democratic Republic of the Congo and stability in the region;
                     (c) Where the Committee authorises in advance, and on a case by case basis,
               the transit of individuals returning to the territory of the State of their nationality, or
               participating in efforts to bring to justice perpetrators of grave violations of human
               rights or international humanitarian law; or
                    (d)   Where such entry or transit is necessary for the fulfilment of judicial
               process;
                    11. Reiterates its call on the ICGLR to monitor and inquire into, including by
               making active use of the Expanded Joint Verification Mechanism (EJVM), reports
               and allegations of outside support and supply of equipment to the M23, and
               encourages MONUSCO, in coordination with ICGLR members, to participate, as
               appropriate and within the limits of its capacities and mandate, in the activities of
               the EJVM;
                     12. Encourages the Government of the Democratic Republic of the Congo to
               enhance stockpile security, accountability and management of arms and
               ammunition, with the assistance of international partners as necessary and
               requested, and to urgently implement a national weapons marking program, in
               particular for state-owned firearms, in line with the standards established by the
               Nairobi Protocol and the Regional Centre on Small Arms;
                     13. Emphasizes the primary responsibility of the Government of the DRC to
               reinforce State authority and governance in eastern DRC, including through
               effective security sector reform to allow army and police and justice sector reform,
               and to end impunity for abuses of human rights and violations of international
               humanitarian law, urges the Government of the DRC to increase efforts in this
               regard, welcomes the efforts to date by the Government of the DRC to address

4                                                                                12-61343

                                                                                S/RES/2078 (2012)

           issues of illegal exploitation and smuggling of natural resources, and urges
           continued effort in this regard;
                14. Welcomes in this regard the measures taken by the Congolese
           Government to implement the due diligence guidelines on the supply chain of
           minerals, as defined by the Group of Experts and the Organization for Economic
           Cooperation and Development, and calls on all States to assist the DRC, the ICGLR
           and the countries in the Great Lakes region in the implementation of the guidelines;
                 15. Encourages all States, particularly those in the region, to continue to
           raise awareness of the Group of Experts due diligence guidelines, in particular in the
           gold sector as part of broader efforts to mitigate the risk of further financing armed
           groups and criminal networks within the Armed Forces of the Democratic Republic
           of the Congo (FARDC) in the Democratic Republic of the Congo;
                16. Reaffirms the provisions of paragraphs 6 to 13 of resolution 1952 (2010)
           and requests the Group of Experts to continue to study the impact of due diligence;
                 17. Reaffirms the provisions of paragraphs 7 to 9 of resolution 2021 (2011)
           and reiterates its call to the DRC and States in the Great Lakes region to require
           their customs authorities to strengthen their control on exports and imports of
           minerals from the DRC, and to cooperate at the regional level to investigate and
           combat regional criminal networks and armed groups involved in the illegal
           exploitation of natural resources;
                18. Recalls the mandate of the United Nations Organization Stabilization
           Mission in the Democratic Republic of the Congo (MONUSCO) to support the
           relevant Congolese authorities in preventing the provision of support to armed
           groups from illicit activities, including production and trade in natural resources,
           notably by carrying out spot checks and regular visits to mining sites, trade routes
           and markets, in the vicinity of the five pilot trading counters;
                 19. Stresses the importance of the Congolese Government actively seeking to
           hold accountable those responsible for war crimes and crimes against humanity in
           the country and of regional cooperation to this end, including through its ongoing
           cooperation with the International Criminal Court and encourages MONUSCO to
           use its existing authority to assist the Congolese Government in this regard;
                 20. Expresses its full support to the UN Group of Experts of the 1533
           Committee and calls for enhanced cooperation between all States, particularly those
           in the region, MONUSCO and the Group of Experts, encourages further that all
           parties and all States ensure cooperation with the Group of Experts by individuals
           and entities within their jurisdiction or under their control and reiterates its demand
           that all parties and all States ensure the safety of its members and its support staff,
           and unhindered and immediate access, in particular to persons, documents and sites
           the Group of Experts deems relevant to the execution of its mandate;
                 21. Calls upon the Group of Experts to cooperate actively with other relevant
           panels of experts, in particular that on Côte d’Ivoire re-established by paragraph 13
           of resolution 1980 (2011) and that on Liberia re-established by paragraph 6 of
           resolution 1961 (2010) with respect to natural resources;
                 22. Calls upon all States, particularly those in the region and those in which
           individuals and entities designated pursuant to paragraph 3 of this resolution are
           based, to regularly report to the Committee on the actions they have taken to

12-61343                                                                                5

S/RES/2078 (2012)

               implement the measures imposed by paragraphs 1, 2, and 3 and recommended in
               paragraph 8 of resolution 1952 (2010);
                     23. Decides that, when appropriate and no later than 1 February 2014, it shall
               review the measures set forth in this resolution, with a view to adjusting them, as
               appropriate, in light of the security situation in the DRC, in particular progress in
               security sector reform including the integration of the armed forces and the reform
               of the national police, and in disarming, demobilizing, repatriating, resettling and
               reintegrating, as appropriate, Congolese and foreign armed groups, with a particular
               focus on child soldiers;
                    24.   Decides to remain actively seized of the matter.

6                                                                                12-61343

Security Council resolution 2078 (2012) [on renewal of measures on arms, transport, finance and travel against the Democratic Republic of the Congo imposed by Security Council resolution 1807 (2008) and extension of the mandate of the Group of Experts Established pursuant to Resolution 1533 (2004) until 1 Feb. 2014]

Côte d'Ivoire|Congo, The Democratic Republic of the|Congo|Liberia|Rwanda

Eastern Africa|Middle Africa|Western Africa

UN. Group of Experts Established pursuant to Resolution 1533 (2004)|UN Organization Stabilization Mission in the Democratic Republic of the Congo|Mouvement du 23 mars (Democratic Republic of the Congo)|Forces démocratiques de libération du Rwanda|Democratic Republic of the Congo. Forces armées|Charter of the United Nations (1945). Chapter VII|ARMS EMBARGO|ARMS TRANSFERS|DEMOCRATIC REPUBLIC OF THE CONGO|DEMOCRATIC REPUBLIC OF THE CONGO SITUATION|SANCTIONS COMPLIANCE|TRAVEL RESTRICTIONS|GROUPS OF EXPERTS|PEACEBUILDING|PEACEKEEPING OPERATIONS|INTERNATIONAL HUMANITARIAN LAW


               United Nations                                                                   S/RES/2079 (2012)
               Security Council                                                 Distr.: General
                                                                                12 December 2012

               Resolution 2079 (2012)
               Adopted by the Security Council at its 6884th meeting, on
               12 December 2012

                    The Security Council,
                     Recalling its previous resolutions and statements by its President on the
               situation in Liberia and West Africa,
                     Welcoming the sustained progress made by the Government of Liberia since
               January 2006, in rebuilding Liberia for the benefit of all Liberians, with the support
               of the international community,
                     Stressing that Liberia’s progress in the timber sector must continue with the
               effective implementation and enforcement of the National Forestry Reform Law
               signed into law on 5 October 2006, and other new legislation related to revenue
               transparency (the Liberia Extractive Industries Transparency Initiative Act) and
               resolution of land and tenure rights (Community Rights Law with respect to Forest
               Lands and Lands Commission Act),
                     Encouraging the Government of Liberia to reaffirm its commitment and
               redouble its efforts to ensure the effective implementation of the Kimberley Process
               Certification Scheme in Liberia and to take all possible measures to prevent rough
               diamond smuggling,
                     Encouraging the Government of Liberia to improve its control over the gold
               sector and adopt the necessary legislation in this regard, particularly in the regional
               offices, and focus its efforts on establishing effective governance of the gold
               production sector,
                     Stressing the continuing importance of the United Nations Mission in Liberia
               (UNMIL) in improving security throughout Liberia and helping the Government
               establish its authority throughout the country, particularly in population centres,
               border areas, and Liberia’s diamond, gold, timber, and other natural resourcesproducing regions,
                    Taking note of the report of the United Nations Panel of Experts on Liberia
               (S/2012/901),
                     Underlining its determination to support the Government of Liberia in its
               efforts to meet the conditions of resolution 1521 (2003), welcoming the engagement

12-64617 (E)
*1264617*

S/RES/2079 (2012)

               of the Peacebuilding Commission, and encouraging all stakeholders, including
               donors, to support the Government of Liberia in its efforts,
                    Acknowledging the implementation of the guidelines of the Department of
               Peacekeeping Operations on cooperation and information sharing between the
               United Nations peacekeeping missions and the Security Council’s Sanctions
               Committees’ expert panels,
                     Calling on all Liberian leaders to promote meaningful reconciliation and
               inclusive dialogue to consolidate peace and advance Liberia’s democratic
               development,
                    Determining that, despite significant progress, the situation in Liberia
               continues to constitute a threat to international peace and security in the region,
                    Acting under Chapter VII of the Charter of the United Nations,
                     1.   Reaffirms that the measures imposed by paragraph 1 of resolution 1532
               (2004) remain in force, notes with serious concern the lack of progress with regards
               to the implementation of the financial measures imposed by paragraph 1 of
               resolution 1532 (2004), and demands that the Government of Liberia make all
               necessary efforts to fulfil its obligations;
                     2.    Decides for a period of 12 months from the date of adoption of this
               resolution:
                    (a) To renew the measures on travel imposed by paragraph 4 of resolution
               1521 (2003);
                     (b) To renew the measures on arms, previously imposed by paragraph 2 of
               resolution 1521 (2003) and modified by paragraphs 1 and 2 of resolution 1683
               (2006), by paragraph 1 (b) of resolution 1731 (2006), by paragraphs 3, 4, 5 and 6 of
               resolution 1903 (2009), and by paragraph 3 of resolution 1961 (2010);
                     (c) To review the measures in this paragraph and in paragraph 1 above in
               light of the progress achieved in the stabilization throughout the country, with a
               view to possibly modifying or lifting all or part of the measures of the sanctions
               regime, and that such a review shall be carried out at the end of the abovementioned 12-month period, with a midterm review no later than 30 May 2013;
                    3.    Decides further to review any of the above measures at the request of the
               Government of Liberia, once the Government reports to the Council that the
               conditions set out in resolution 1521 (2003) for terminating the measures have been
               met, and provides the Council with information to justify its assessment;
                     4.    Urges the Government of Liberia and relevant designating States with the
               assistance of the Panel of Experts, to, as necessary and without delay, provide
               updated publicly available reasons for listing for entries on the travel ban and assets
               freeze lists;
                     5.   Decides to extend the mandate of the Panel of Experts appointed
               pursuant to paragraph 9 of resolution 1903 (2009) for a period of 12 months from
               the date of adoption of this resolution to undertake the following tasks in close
               collaboration with the Government of Liberia and the Côte d’Ivoire Group of
               Experts:

2                                                                                12-64617

                                                                                S/RES/2079 (2012)

                 (a) To conduct two follow-up assessment missions to Liberia and
           neighbouring States, to investigate and compile a midterm and a final report on the
           implementation, and any violations, of the measures on arms as amended by
           resolution 1903 (2009), including any information relevant to the designation by the
           Committee of the individuals described in paragraph 4 (a) of resolution 1521 (2003)
           and paragraph 1 of resolution 1532 (2004), and including the various sources of
           financing, such as from natural resources, for the illicit trade of arms;
                (b) To assess the impact, effectiveness, and continued need for the measures
           imposed by paragraph 1 of resolution 1532 (2004), including particularly with
           respect to the assets of former President Charles Taylor;
                (c) To identify and make recommendations regarding areas where the
           capacity of Liberia and the States in the region can be strengthened to facilitate the
           implementation of the measures imposed by paragraph 4 of resolution 1521 (2003)
           and paragraph 1 of resolution 1532 (2004);
                 (d) Within the context of Liberia’s evolving legal framework, assess the
           extent to which forests and other natural resources are contributing to peace,
           security and development rather than to instability and to what extent relevant
           legislation (National Forestry Reform Law, Lands Commission Act, Community
           Rights Law with respect to Forest Land, and Liberia Extractive Industries
           Transparency Initiative Act) and other reform efforts are contributing to this
           transition, and to provide recommendations on how such natural resources could
           better contribute to the country’s progress towards sustainable peace and stability;
                (e) To cooperate actively with the Kimberley Process Certification Scheme,
           including during a planned KP mission in 2013, and to assess the Government of
           Liberia’s compliance with the Kimberley Process Certification Scheme;
                 (f) To provide a midterm report to the Council through the Committee by
           1 June 2013 and a final report to the Council through the Committee by 1 December
           2013 on all the issues listed in this paragraph, and to provide informal updates to the
           Committee as appropriate before those dates, especially on progress in the forest
           sector since the lifting of paragraph 10 of resolution 1521 (2003) in June 2006, and
           in the diamond sector since the lifting of paragraph 6 of resolution 1521 (2003) in
           April 2007;
                 (g) To cooperate actively with other relevant panels of experts, in particular
           that on Côte d’Ivoire re-established by paragraph 13 of resolution 1980 (2011);
                 (h) To assist the Committee in updating the publicly available reasons for
           listing for entries on the travel ban and assets freeze lists;
                6.   Requests the Secretary-General to reappoint the Panel of Experts and to
           make the necessary financial and security arrangements to support the work of the
           Panel;
                 7.   Calls upon all States and the Government of Liberia to cooperate fully
           with the Panel of Experts in all aspects of its mandate;
                8.    Recalls that responsibility for controlling the circulation of small arms
           within the territory of Liberia and between Liberia and neighbouring States rests
           with the relevant governmental authorities in accordance with the Economic
           Community of West African States Convention on Small Arms and Light Weapons
           of 2006;

12-64617                                                                                3

S/RES/2079 (2012)

                     9.   Reaffirms the need for UNMIL and the United Nations Operations in
               Côte d’Ivoire (UNOCI) to regularly coordinate their strategies and operations in
               areas near the Liberian-Côte d’Ivoire border, to contribute to subregional security;
                    10. States the importance of UNMIL’s continuing assistance to the
               Government of Liberia, the Committee, and the Panel of Experts, within its
               capabilities and areas of deployment, and without prejudice to its mandate, continue
               to carry out its tasks set forth in previous resolutions, including resolution 1683
               (2006);
                    11. Calls on the Government of Liberia to complete implementation of the
               recommendations of the 2009 Kimberley Process review team to strengthen internal
               controls over diamond mining and exports, particularly in the regional offices, and
               focus its efforts on improving responsible and transparent governance of natural
               resources;
                     12. Encourages the Kimberley Process to continue to cooperate with the
               Panel of Experts and to report on developments regarding Liberia’s implementation
               of the Kimberley Process Certification Scheme;
                    13.   Decides to remain actively seized of the matter.

4                                                                                12-64617

Security Council resolution 2079 (2012) [on renewal of the measures imposed by Security Council resolutions on Liberia and extension of the mandate of the Panel of Experts appointed pursuant to para. 9 of resolution 1903 (2009) for a period of 12 months]

UN. Panel of Experts Established pursuant to Security Council Resolution 1903 (2009) > Terms of reference|UN. Group of Experts Established pursuant to Paragraph 7 of Security Council Resolution 1584 (2005)|UN Mission in Liberia|UN Operation in Côte d'Ivoire|Kimberley Process Certification Scheme for Rough Diamonds (2002)|Charter of the United Nations (1945). Chapter VII|ARMS EMBARGO|TRAVEL RESTRICTIONS|FROZEN ASSETS|LIBERIA|SPECIAL MISSIONS|LIBERIA SITUATION


               United Nations                                                                   S/RES/2080 (2012)
               Security Council                                                 Distr.: General
                                                                                12 December 2012

               Resolution 2080 (2012)
               Adopted by the Security Council at its 6885th meeting, on
               12 December 2012

                    The Security Council,
                    Taking note of the letter to the President of the Council from the Secretary-General dated 27 November 2012 (S/2012/893) attaching a letter from the President
               of the International Criminal Tribunal for Rwanda (“the International Tribunal”)
               dated 31 October 2012,
                    Recalling its resolution 955 (1994) of 8 November 1994, 1503 (2003) of
               28 August 2003 and 1534 (2004) of 26 March 2004, and its previous resolutions
               concerning the International Tribunal,
                    Recalling also its resolution 1966 (2010) of 22 December 2010, establishing
               the International Residual Mechanism for Criminal Tribunals (“the Mechanism”)
               and requesting the International Tribunal to take all possible measures to
               expeditiously complete all its remaining work no later than 31 December 2014,
               prepare its closure and ensure a smooth transition to the Mechanism,
                    Welcoming the successful commencement of the functioning of the branch of
               the Mechanism for the International Criminal Tribunal for Rwanda on 1 July 2012
               and taking note of the assessment of the International Residual Mechanism for
               Criminal Tribunals (S/2012/849),
                     Taking note of the assessments by the International Tribunal in its Completion
               Strategy Report (S/2012/836), and the updated trial and appeals schedule,
                     Noting the successful referral of cases to Rwanda for prosecution, and
               emphasizing the importance of ensuring appropriate monitoring of the referred cases
               and respecting at all times the rights of accused persons transferred from the
               International Tribunal to Rwanda,
                    Noting further that the sole remaining trial at the International Tribunal will be
               completed by 31 December 2012, and that the remaining appeal of the International
               Tribunal will be completed by 31 December 2014, commending the International
               Tribunal in this regard,
                     Noting with concern that the International Tribunal continues to face problems
               in the relocation of acquitted persons and convicted persons who have completed

12-64604 (E)
*1264604*

S/RES/2080 (2012)

               serving their sentences, and emphasizing the importance of the successful relocation
               of such persons,
                    Noting also the concerns expressed by the President of the International
               Tribunal about staffing, and reaffirming that staff retention is essential for the timely
               completion of the International Tribunal’s work,
                    Urging the International Tribunal to take all possible measures to complete its
               work expeditiously as requested in resolution 1966 (2010),
                     Acting under Chapter VII of the Charter of the United Nations,
                    1.   Decides to extend the term of office of the following permanent judges at
               the International Tribunal, who are members of the Appeals Chamber, until
               31 December 2014 or until the completion of the cases to which they are assigned, if
               sooner:
                    – Mehmet Güney (Turkey)
                    – Khalida Rachid Khan (Pakistan)
                    – Arlette Ramaroson (Madagascar)
                    – Bakhtiyar Tuzmukhamedov (Russian Federation)
                    – Andrésia Vaz (Senegal)
                     2.    Requests the International Tribunal to report to the Security Council, as a
               part of its pending report to the Security Council on the Completion Strategy
               pursuant to resolution 1534 (2004) of 26 March 2004, on the projected schedule of
               the coordinated transition of functions of the International Tribunal to the
               Mechanism pursuant to articles 5 and 6 of the Transitional Arrangements annexed to
               resolution 1966 (2010) with concrete estimated dates, with a view to completing all
               remaining work in the International Tribunal and its closure as early as possible and
               no later than 31 December 2014;
                     3.    Urges all States, especially States where fugitives are suspected to be at
               large, to intensify further their cooperation with and render all necessary assistance
               to the International Tribunal, in particular to achieve the arrest and surrender of all
               remaining fugitives as soon as possible;
                    4.    Commends States that have accepted the relocation of acquitted persons
               or convicted persons who have completed serving their sentences to their territories,
               and reiterates its call upon all States in a position to do so to cooperate with and
               render all necessary assistance to the International Tribunal for its increased efforts
               towards the relocation of acquitted persons and convicted persons who have
               completed serving their sentences;
                     5.    Decides to remain seized of the matter.

2                                                                                12-64604

Security Council resolution 2080 (2012) [on extension of the terms of office of permanent judges at the International Criminal Tribunal for Rwanda (ICTR) until 31 Dec. 2014]

Eastern Europe|Southern Asia|Sub-Saharan Africa|Western Asia

Güney, Mehmet|Rachid Khan, Khalida > (Pakistan)|Ramaroson, Arlette > (Madagascar)|Tuzmukhamedov, Bahktiiar Raisovich > (Russian Federation)|Vaz, Andrésia > (Senegal)|International Criminal Tribunal for Rwanda > Members|International Residual Mechanism for Criminal Tribunals|Charter of the United Nations (1945). Chapter VII|INTERNATIONAL CRIMINAL COURTS|RWANDA SITUATION|JUDGES

S/67 [97] INTERNATIONAL TRIBUNAL--RWANDA
S/67 [95] RWANDA SITUATION


               United Nations                                                                  S/RES/2081 (2012)
               Security Council                                                Distr.: General
                                                                               17 December 2012

               Resolution 2081 (2012)
               Adopted by the Security Council at its 6889th meeting, on
               17 December 2012

                    The Security Council,
                     Taking note of the letter to the President of the Council from the Secretary-General dated 14 November 2012 (S/2012/845) attaching a letter from the President
               of the International Tribunal for the former Yugoslavia (“the International Tribunal”)
               dated 29 October 2012,
                     Recalling its resolution 827 (1993) of 25 May 1993, 1503 (2003) of 28 August
               2003 and 1534 (2004) of 26 March 2004, and its previous resolutions concerning the
               International Tribunal,
                    Recalling also its resolution 1966 (2010) of 22 December 2010, establishing
               the International Residual Mechanism for Criminal Tribunals (“the Mechanism”)
               and requesting the International Tribunal to take all possible measures to
               expeditiously complete all its remaining work no later than 31 December 2014,
               prepare its closure and ensure a smooth transition to the Mechanism,
                     Recalling also its previous resolutions on the extension of the terms of office
               of the permanent and ad litem judges at the International Tribunal, who are members
               of the Trial Chambers and the Appeals Chamber,
                    Recalling further that the branch of the Mechanism for the International
               Tribunal for the former Yugoslavia shall commence functioning on 1 July 2013 and
               welcoming the preparatory steps that have been taken in this regard,
                    Taking into account the assessments by the International Tribunal in its
               Completion Strategy Report (S/2012/847), and the updated trial and appeals
               schedule,
                    Noting the concerns expressed by the President of the International Tribunal
               about staffing, and reaffirming that staff retention is essential for the timely
               completion of the International Tribunal’s work,
                    Acting under Chapter VII of the Charter of the United Nations,
                    1.   Requests the ICTY to take all possible measures to complete its work as
               expeditiously as possible with the aim to facilitate the closure of the Tribunal,
               taking into account resolution 1966 (2010) which requested the International

12-65269 (E)
*1265269*

S/RES/2081 (2012)

               Tribunal to complete its trial and appeals proceedings by 31 December 2014, and
               recognizes that concerns have been expressed that its current trial and appeal
               schedules go beyond 31 December 2014;
                     2.   Requests the International Tribunal to present by 15 April 2013 a
               consolidated comprehensive plan on the completion strategy, closure and transition
               to the Mechanism, as recommended by the Board of Auditors, and updated and
               detailed schedules for each of the individual cases with a timeline for each
               procedural part of the case;
                     3.   Decides to examine the consolidated comprehensive plan referred to in
               paragraph 2 of this resolution before 30 June 2013 with a view to considering what
               further recommendations should be made to facilitate the International Tribunal’s
               progress toward completion, closure and transition to the Mechanism as soon as
               possible as requested in resolution 1966 (2010), which could include
               recommendations on all possible measures to scrutinize the operation and
               functioning of the Tribunal with the objective of ensuring the most efficient use of
               the Tribunal’s resources and the completion of the Tribunal’s mandate;
                    4.    Underlines that States should cooperate fully with the International
               Tribunal, including through the provision of information to assist the Tribunal in its
               work, as well as with the Mechanism;
                    5.   Decides to extend the term of office of the following permanent judges at
               the International Tribunal, who are members of the Appeals Chamber, until
               31 December 2013 or until the completion of the cases to which they are assigned, if
               sooner:
                    Carmel Agius (Malta)
                    Liu Daqun (China)
                    Theodor Meron (United States of America)
                    Fausto Pocar (Italy)
                    Patrick Robinson (Jamaica)
                    6.   Decides to extend the term of office of the following permanent judges at
               the International Tribunal, who are members of the Trial Chambers, until
               31 December 2013 or until the completion of the cases to which they are assigned, if
               sooner:
                    Jean-Claude Antonetti (France)
                    Guy Delvoie (Belgium)
                    Burton Hall (The Bahamas)
                    Christoph Flügge (Germany)
                    O-Gon Kwon (South Korea)
                    Bakone Justice Moloto (South Africa)
                    Howard Morrison (United Kingdom)
                    Alphons Orie (The Netherlands)
                    7.    Decides to extend the term of office of the following ad litem judges at
               the International Tribunal, who are members of the Trial Chambers, until 1 June
               2013 or until the completion of the cases to which they are assigned, if sooner:
                    Elizabeth Gwaunza (Zimbabwe)
                    Michèle Picard (France)

2                                                                                12-65269

                                                                                S/RES/2081 (2012)

                Árpád Prandler (Hungary)
                Stefan Trechsel (Switzerland)
                 8.    Decides to extend the term of office of ad litem Judge Frederik Harhoff
           (Denmark), who is a member of the Trial Chambers, until 31 December 2013 or
           until the completion of the cases to which he is assigned, if sooner;
                9.   Decides to extend the term of office of the following ad litem judges at
           the International Tribunal, who are members of the Trial Chambers, until
           31 December 2013 or until the completion of the cases to which they are assigned, if
           sooner:
                Melville Baird (Trinidad and Tobago)
                Flavia Lattanzi (Italy)
                Antoine Kesia-Mbe Mindua (Democratic Republic of Congo)
                10.   Decides to remain seized of the matter.

12-65269                                                                                3

Security Council resolution 2081 (2012) [on extension of the terms of office of permanent and ad litem judges at the International Criminal Tribunal for the Former Yugoslavia (ICTY) until 31 Dec. 2013]

Belgium|Bahamas|Switzerland|China|Congo|Germany|Denmark|France|United Kingdom|Hungary|Italy|Jamaica|Malta|Netherlands|Trinidad and Tobago|United States|South Africa|Zimbabwe

Eastern Asia|Eastern Europe|Latin America and the Caribbean|Northern America|Northern Europe|Southern Europe|Sub-Saharan Africa|Western Europe

Caribbean|Eastern Africa|Middle Africa|Southern Africa

Agius, Carmel A. > (Malta)|Liu, Daqun > (China)|Meron, Theodor > (United States)|Pocar, Fausto > (Italy)|Robinson, Patrick > (Jamaica)|Antonetti, Jean-Claude > (France)|Delvoie, Guy > (Belgium)|Hall, Burton, Sir > (Bahamas)|Flügge, Christoph > (Germany)|Kwon, O-gon > (Republic of Korea)|Moloto, Bakone Melema > (South Africa)|Morrison, Howard > (United Kingdom)|Orie, Alphons > (The Netherlands)|Gwaunza, Elizabeth > (Zimbabwe)|Picard, Michèle > (France)|Prandler, Árpád > (Hungary)|Trechsel, Stefan > (Switzerland)|Baird, Melville > (Trinidad and Tobago)|Lattanzi, Flavia > (Italy)|Mindua, Antoine Kesia-Mbe > (Democratic Republic of the Congo)|International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 > Members|International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991|International Residual Mechanism for Criminal Tribunals|Charter of the United Nations (1945). Chapter VII|JUDGES|TRIALS|FORMER YUGOSLAVIA SITUATION

S/67 [76] INTERNATIONAL TRIBUNAL--FORMER YUGOSLAVIA
S/67 [60] FORMER YUGOSLAVIA SITUATION


               United Nations                                                                    S/RES/2082 (2012)
               Security Council                                                 Distr.: General
                                                                                17 December 2012

               Resolution 2082 (2012)
               Adopted by the Security Council at its 6890th meeting, on
               17 December 2012

                    The Security Council,
                    Recalling its previous resolutions on international terrorism and the threat it
               poses to Afghanistan, in particular 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), 1822
               (2008), 1904 (2009), 1988 (2011), 1989 (2011), and the relevant statements of its
               President,
                     Recalling its previous resolutions extending through 23 March 2013 the
               mandate of the United Nations Assistance Mission in Afghanistan (UNAMA) as
               established by resolution 2041 (2012),
                     Recalling its resolutions on the recruitment and use of children and armed
               conflict,
                     Expressing its strong concern about the security situation in Afghanistan, in
               particular the ongoing violent and terrorist activities by the Taliban, Al-Qaida,
               illegal armed groups, criminals and those involved in the narcotics trade, and the
               strong links between terrorism activities and illicit drugs, resulting in threats to the
               local population, including children, national security forces and international
               military and civilian personnel,
                     Reaffirming its strong commitment to the sovereignty, independence, territorial
               integrity and national unity of Afghanistan,
                     Stressing the importance of a comprehensive political process in Afghanistan
               to support reconciliation among all Afghans,
                    Recognizing that the security situation in Afghanistan has evolved and that
               some members of the Taliban have reconciled with the Government of Afghanistan,
               have rejected the terrorist ideology of Al-Qaida and its followers, and support a
               peaceful resolution to the continuing conflict in Afghanistan,
                     Recognizing that notwithstanding the evolution of the situation in Afghanistan
               and progress in reconciliation, the situation in Afghanistan remains a threat to
               international peace and security, and reaffirming the need to combat this threat by
               all means, in accordance with the Charter of the United Nations and international

12-65276 (E)
*1265276*

S/RES/2082 (2012)

               law, including applicable human rights, refugee and humanitarian law, stressing in
               this regard the important role the United Nations plays in this effort,
                     Reiterating its firm commitment to support the Government of Afghanistan in
               its efforts to advance the peace and reconciliation process, in line with the Kabul
               Communiqué and the Bonn Conference Conclusions, and within the framework of
               the Afghan Constitution and application of the procedures introduced by the
               Security Council in its resolution 1988 (2011) as well as other relevant resolutions
               of the Council,
                     Welcoming the decision taken by some members of the Taliban to reconcile
               with the Government of Afghanistan, to reject the terrorist ideology of Al-Qaida and
               its followers, and to support a peaceful resolution to the continuing conflict in
               Afghanistan, and urging all those individuals, groups, undertakings and entities
               associated with the Taliban in constituting a threat to the peace, stability and
               security of Afghanistan, to accept the Government of Afghanistan’s offer of
               reconciliation,
                     Reiterating the need to ensure that the present sanctions regime contributes
               effectively to ongoing efforts to combat the insurgency and support the Government
               of Afghanistan’s work to advance reconciliation in order to bring about peace,
               stability, and security in Afghanistan,
                    Taking note of the Government of Afghanistan’s request that the Security
               Council support national reconciliation, including by removing names from the
               United Nations sanctions lists for those who reconcile, and, therefore, have ceased
               to engage in or support activities that threaten the peace, stability and security of
               Afghanistan,
                    Expressing its intention to give due regard to lifting sanctions on those who
               reconcile,
                    Welcoming the appointment of the new chairman of the High Peace Council in
               April 2012 as an important step in the Afghan-led and Afghan-owned peace and
               reconciliation process,
                    Stressing the central and impartial role that the United Nations continues to
               play in promoting peace, stability and security in Afghanistan, and expressing its
               appreciation and strong support for the ongoing efforts of the Secretary-General and
               his Special Representative for Afghanistan to assist the High Peace Council’s peace
               and reconciliation efforts,
                    Reiterating its support for the fight against illicit production and trafficking of
               drugs from, and chemical precursors to, Afghanistan, in neighbouring countries,
               countries on trafficking routes, drug destination countries and precursors producing
               countries,
                     Condemning the incidence of kidnapping and hostage-taking with the aim of
               raising funds, or gaining political concessions, and expressing the need for this issue
               to be addressed,
                    Acting under Chapter VII of the Charter of the United Nations,

2                                                                                12-65276

                                                                                S/RES/2082 (2012)

           Measures
                 1.    Decides that all States shall take the following measures with respect to
           individuals and entities designated prior to the date of adoption of resolution 1988
           (2011) as the Taliban, as well as other individuals, groups, undertakings and entities
           associated with the Taliban in constituting a threat to the peace, stability and
           security of Afghanistan as designated by the Committee established in paragraph 30
           of resolution 1988 (“the Committee”) (hereafter known as “the List”):
                 (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 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 fulfilment of a
           judicial process or the Committee determines on a case-by-case basis only that entry
           or transit is justified, including where this directly relates to supporting efforts by
           the Government of Afghanistan to promote reconciliation;
                 (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.   Decides that the acts or activities indicating that an individual, group,
           undertaking or entity is eligible for designation under paragraph 1 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 those designated and other
           individuals, groups, undertakings and entities associated with the Taliban in
           constituting a threat to the peace, stability and security of Afghanistan;
                 3.    Affirms that any undertaking or entity owned or controlled, directly or
           indirectly by, or otherwise supporting, such an individual, group, undertaking or
           entity on the List, shall be eligible for designation;
                 4.   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 and their precursors originating in and transiting through
           Afghanistan;

12-65276                                                                                3

S/RES/2082 (2012)

                    5.     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
               those on this List, as well as other individuals, groups, undertakings or entities
               associated with the Taliban in constituting a threat to the peace, stability and
               security of Afghanistan;
                    6.    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 List;
                     7.   Decides that Member States may permit the addition to accounts frozen
               pursuant to the provisions of paragraph 1 above of any payment in favour 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;

               Exemptions
                     8.   Recalls its decision that all Member States may make use of the
               provisions set out in paragraphs 1 and 2 of resolution 1452 (2002), as amended by
               resolution 1735 (2006) regarding available exemptions with regard to the measures
               in paragraph 1 (a), and encourages their use by Member States;
                     9.    Underlines the importance of a comprehensive political process in
               Afghanistan to support peace and reconciliation among all Afghans, invites the
               Government of Afghanistan, in close coordination with the High Peace Council, to
               submit for the Committee’s consideration the names of listed individuals for whom
               it confirms travel to such specified location or locations is necessary to participate
               in meetings in support of peace and reconciliation, and requires such submissions to
               include, to the extent possible, the following information:
                    (a)   The passport number or travel document number of the listed individual;
                    (b) The specific location or locations to which each listed individual is
               expected to travel and their anticipated transit points, if any;
                     (c) The period of time, not to exceed nine months, during which listed
               individuals are expected to travel;
                     10. Decides that the travel ban imposed by paragraph 1 (b) shall not apply to
               individuals identified pursuant to paragraph 9 above, where the Committee
               determines, on a case-by-case basis only, that such entry or transit is justified,
               further decides that any such exemption approved by the Committee shall only be
               granted for the requested period for any travel to the specified location or locations,
               directs the Committee to decide on all such exemption requests, as well as on
               requests to amend or renew previously granted exemptions, or on a request by any
               Member State to revoke previously granted exemptions, within ten days of receiving
               them; and affirms that, notwithstanding any exemption from the travel ban, listed
               individuals remain subject to the other measures outlined in paragraph 1 of this
               resolution;
                     11. Requests the Government of Afghanistan, through the Monitoring Team,
               to provide to the Committee, for its consideration and review, a report on each
               individual’s travel under a granted exemption, promptly upon the exemption’s

4                                                                                12-65276

                                                                                S/RES/2082 (2012)

           expiration, and encourages relevant Member States to provide information to the
           Committee, as appropriate, on any instances of non-compliance;

           Listing
                 12. Encourages all Member States, in particular the Government of
           Afghanistan, to submit to the Committee for inclusion on the List names of
           individuals, groups, undertakings and entities participating, by any means, in the
           financing or support of acts or activities described in paragraph 2 above;
                 13. Recalls its decision that, when proposing names to the Committee for
           inclusion on the List, Member States shall 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 to the extent possible, the
           information required by INTERPOL to issue a Special Notice; and directs the
           Monitoring Team to report to the Committee on further steps that could be taken to
           improve identifying information, as well as steps to ensure that INTERPOL-UN
           Special Notices exist for all listed individuals, groups, undertakings, and entities;
                 14. Recalls its decision that, when proposing names to the Committee for
           inclusion on the List, Member States shall also provide a detailed statement of case,
           and 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 15
           below;
                15. 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 List, a narrative
           summary of reasons for listing for the corresponding entry;
                 16. Calls upon all members of the Committee and the Monitoring Team to
           share with the Committee any appropriate 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 15;
                 17. 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 List, and highlights the
           importance of making the narrative summary of reasons for listing available in all
           official languages of the United Nations in a timely manner;
                18. Strongly urges Member States, when considering the proposal of a new
           designation, to consult with the Government of Afghanistan on the designation prior
           to submission to the Committee, to ensure coordination with the Government of
           Afghanistan’s peace and reconciliation efforts, and encourages all Member States
           considering the proposal of a new designation to seek advice from UNAMA, where
           appropriate;
                19. Decides that the Committee shall, after publication but within three
           working days after a name is added to the List, notify the Government of
           Afghanistan, the Permanent Mission of Afghanistan, and the Permanent Mission of

12-65276                                                                                5

S/RES/2082 (2012)

               the State(s) where the individual or entity is believed to be located and, in the case
               of non-Afghan individuals or entities, the State(s) of which the person is believed to
               be a national;

               Delisting
                     20. Directs the Committee to remove expeditiously individuals and entities
               on a case-by-case basis that no longer meet the listing criteria outlined in
               paragraph 2 above, and requests that the Committee give due regard to requests for
               removal of individuals who have reconciled, in accordance with the 20 July 2010
               Kabul Conference Communiqué on dialogue for all those who renounce violence,
               have no links to international terrorist organizations, including Al-Qaida, respect the
               constitution, including its human rights provisions, notably the rights of women, and
               are willing to join in building a peaceful Afghanistan, and as further elaborated in
               the principles and outcomes of the 5 December 2011 Bonn Conference Conclusions
               supported by the Government of Afghanistan and the international community;
                     21. Strongly urges Member States to consult with the Government of
               Afghanistan on their delisting requests prior to submission to the Committee, to
               ensure coordination with the Government of Afghanistan’s peace and reconciliation
               efforts;
                    22. Recalls its decision that individuals and entities seeking removal from
               the List without the sponsorship of a Member State are eligible to submit such
               requests to the Focal Point mechanism established in resolution 1730 (2006);
                     23. Encourages UNAMA to support and facilitate cooperation between the
               Government of Afghanistan and the Committee to ensure that the Committee has
               sufficient information to consider delisting requests, and directs the Committee to
               consider delisting requests in accordance with the following principles, where
               relevant:
                    (a) Delisting requests concerning reconciled individuals should, if possible,
               include a communication from the High Peace Council through the Government of
               Afghanistan confirming the reconciled status of the individual according to the
               reconciliation guidelines, or, in the case of individuals reconciled under the
               Strengthening Peace Programme, documentation attesting to their reconciliation
               under the previous programme; as well as current address and contact information;
                    (b) Delisting requests concerning individuals who formerly held positions in
               the Taliban regime prior to 2002 who no longer meet the listing criteria outlined in
               paragraph 2 of this resolution should, if possible, include a communication from the
               Government of Afghanistan confirming that the individual is not an active supporter
               of, or participant in, acts that threaten the peace, stability and security of
               Afghanistan, as well as current address and contact information;
                     (c) Delisting requests for reportedly deceased individuals should include an
               official statement of death from the State of nationality, residence, or other relevant
               State;
                     24. Urges the Committee, where appropriate, to invite a representative of the
               Government of Afghanistan to appear before the Committee to discuss the merits of
               listing or delisting certain individuals, groups, undertakings, and entities, including

6                                                                                12-65276

                                                                                S/RES/2082 (2012)

           when a request by the Government of Afghanistan has been put on hold or rejected
           by the Committee;
                 25. Requests all Member States, but particularly the Government of
           Afghanistan, to inform the Committee if they become aware of any information
           indicating that an individual, group, undertaking or entity that has been delisted
           should be considered for designation under paragraph 1 of this resolution, and
           further requests that the Government of Afghanistan provide to the Committee an
           annual report on the status of reportedly reconciled individuals who have been
           delisted by the Committee in the previous year;
                 26. Directs the Committee to consider expeditiously any information
           indicating that a delisted individual has returned to activities set forth in
           paragraph 2, including by engaging in acts inconsistent with paragraph 20 of this
           resolution, and requests the Government of Afghanistan or other Member States,
           where appropriate, to submit a request to add that individual’s name back on the list;
                 27. Confirms that the Secretariat shall, as soon as possible after the
           Committee has made a decision to remove a name from the List, transmit the
           decision to the Government of Afghanistan and the Permanent Mission of
           Afghanistan for notification, and the Secretariat should also, as soon as possible,
           notify the Permanent Mission of the State(s) in which the individual or entity is
           believed to be located and, in the case of non-Afghan individuals or entities, the
           State(s) of nationality, and recalls its decision that States receiving such notification
           take measures, in accordance with 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 List
                 28. Recognizes that the ongoing conflict in Afghanistan, and the urgency that
           the Government of Afghanistan and the international community attach to a peaceful
           political solution to the conflict, requires timely and expeditious modifications to
           the List, including the addition and removal of individuals and entities, urges the
           Committee to decide on listing and delisting requests in a timely manner, requests
           the Committee to review each entry on the list on a regular basis, including, as
           appropriate, by means of reviews of individuals considered to be reconciled,
           individuals whose entries lack identifiers, individuals reportedly deceased, and
           entities reported or confirmed to have ceased to exist, directs the Committee to
           review and amend its guidelines for such reviews, as appropriate, and requests the
           Monitoring Team to circulate to the Committee every twelve months:
                 (a) A list of individuals on the List whom the Afghan Government considers
           to be reconciled along with relevant documentation as outlined in paragraph 23 (a);
                (b) A list of individuals and entities on the List whose entries lack identifiers
           necessary to ensure effective implementation of the measures imposed upon them;
           and,
                 (c) A list of individuals on the List who are reportedly deceased and entities
           that are reported or confirmed to have ceased to exist, along with the documentation
           requirements outlined in paragraph 23 (c);
                29. Decides that, with the exception of decisions made pursuant to
           paragraph 10 of this resolution, no matter shall be left pending before the

12-65276                                                                                7

S/RES/2082 (2012)

               Committee for a period longer than six months, urges Committee members to
               respond within three months, and directs the Committee to update its guidelines as
               appropriate;
                     30. Urges the Committee to ensure that there are fair and clear procedures
               for the conduct of its work, and directs the Committee to review its guidelines as
               soon as possible, in particular with respect to paragraphs 8, 9, 10, 11, 13, 14, 17, 24,
               28, 29 and 32;
                    31. Encourages Member States and relevant international organizations to
               send representatives to meet with the Committee to share information and discuss
               any relevant issues; and

               Cooperation with the Government of Afghanistan
                    32. Welcomes periodic briefings from the Government of Afghanistan on the
               content of the list, as well as on the impact of targeted sanctions on deterring threats
               to the peace, stability and security of Afghanistan, and supporting Afghan-led
               reconciliation;
                     33. Encourages continued cooperation amongst the Committee, the
               Government of Afghanistan, and UNAMA, including by identifying and providing
               detailed information regarding individuals and entities participating in the financing
               or support of acts or activities set forth in paragraph 2 of this resolution, and by
               inviting UNAMA representatives to address the Committee;
                   34. Welcomes the Government of Afghanistan’s desire to assist the
               Committee in the coordination of listing and delisting requests and in the
               submission of all relevant information to the Committee;

               Monitoring Team
                    35. Decides, in order to assist the Committee in fulfilling its mandate, that
               the 1267 Monitoring Team, established pursuant to paragraph 7 of resolution 1526
               (2004), shall also support the Committee for a period of thirty months, with the
               mandate set forth in the annex of this resolution, and requests the Secretary-General
               to make any necessary arrangements to this effect;
                    36. Directs the Monitoring Team to gather information on instances of
               non-compliance with the measures imposed in this resolution and to keep the
               Committee informed of such instances, as well as to facilitate, upon request by
               Member States, assistance on capacity-building, encourages Committee members to
               address issues of non-compliance and bring them to the attention of the Monitoring
               Team or Committee, and further directs the Monitoring Team to provide
               recommendations to the Committee on actions taken to respond to non-compliance;

               Coordination and Outreach
                    37. Recognizes the need to maintain contact with relevant United Nations
               Security Council Committees, international organizations and expert groups,
               including the Committee established pursuant to resolution 1267 (1999), the
               Counter-Terrorism Committee (CTC), the United Nations Office of Drugs and
               Crime, the Counter-Terrorism Committee Executive Directorate (CTED), and the
               Committee established pursuant to resolution 1540 (2004), particularly given the

8                                                                                12-65276

                                                                                S/RES/2082 (2012)

           continuing presence and negative influence on the Afghan conflict by Al-Qaida, and
           any cell, affiliate, splinter group or derivative thereof;
                 38. Encourages UNAMA to provide assistance to the High Peace Council, at
           its request, to encourage listed individuals to reconcile;

           Reviews
                 39. Decides to review the implementation of the measures outlined in this
           resolution in eighteen months and make adjustments, as necessary, to support peace
           and stability in Afghanistan;
                40.   Decides to remain actively seized of the matter.

12-65276                                                                                9

S/RES/2082 (2012)

Annex
                    In accordance with paragraph 35 of this resolution, the Monitoring Team shall
               operate under the direction of the Committee and shall have the following
               responsibilities:
                     (a) To submit, in writing, two comprehensive, independent reports to the
               Committee, one by 30 September 2013, and the second by 30 April 2014, 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 Committee in regularly reviewing names on the 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;
                     (c) 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;
                     (d) To submit a comprehensive programme 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 fulfil its responsibilities, including proposed travel;
                     (e) To gather information on behalf of the Committee on instances of
               reported non-compliance with the measures referred to in paragraph 1 of this
               resolution, including by collating information collected from Member States and
               engaging with suspected non-compliant parties, and submitting case studies, both on
               its own initiative and upon the Committee’s request, to the Committee for its
               review;
                    (f) 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 List;
                    (g) 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 15;
                     (h) 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;
                     (i) To consult with Member States in advance of travel to selected Member
               States, based on its programme of work as approved by the Committee;
                    (j) To encourage Member States to submit names and additional identifying
               information for inclusion on the List, as instructed by the Committee;
                     (k) To present to the Committee additional identifying and other information
               to assist the Committee in its efforts to keep the List as updated and accurate as
               possible;

10                                                                                12-65276

                                                                                S/RES/2082 (2012)

                (l) To collate, assess, monitor and report on and make recommendations
           regarding implementation of the measures; to pursue case studies, as appropriate;
           and to explore in depth any other relevant issues as directed by the Committee;
                (m) To consult with Member States and other relevant organizations and
           bodies, including UNAMA, and engage in 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;
                (n) 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;
                (o) 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;
               (p) To work with relevant international and regional organizations in order to
           promote awareness of, and compliance with, the measures;
                 (q) To work with INTERPOL and Member States to obtain photographs of
           listed individuals for possible inclusion in INTERPOL Special Notices;
                 (r) To assist other subsidiary bodies of the Security Council, and their expert
           panels, upon request, with enhancing their cooperation with INTERPOL, referred to
           in resolution 1699 (2006);
                (s) To assist the Committee in facilitating assistance in capacity-building for
           enhancing implementation of the measures, upon request by Member States;
                (t) 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;
                 (u) To report periodically, as appropriate, to the Committee on linkages
           between Al-Qaida and those individuals, groups, undertakings and entities eligible
           for designation under paragraph 1 of this resolution or any other relevant sanctions
           resolutions;
                (v) To gather information, including from the Government of Afghanistan
           and relevant Member States, on travel that takes place under a granted exemption,
           pursuant to paragraphs 9 and 10, and to report to the Committee, as appropriate; and
                (w) Any other responsibility identified by the Committee.

12-65276                                                                                11

Security Council resolution 2082 (2012) [on measures imposed against individuals, groups, undertakings and entities associated with the Taliban]

Taliban (Afghanistan)|Qaida (Organization)|UN. Security Council Committee Established pursuant to Resolution 1267 (1999) concerning Al-Qaida and the Taliban and Associated Individuals and Entities|UN Assistance Mission in Afghanistan|List of Individuals subject to the Measures Imposed by Paragraph 1 of Resolution 1988 (2011)|Charter of the United Nations (1945). Chapter VII|SANCTIONS|SANCTIONS COMPLIANCE|FROZEN ASSETS|TRAVEL RESTRICTIONS|AFGHANISTAN SITUATION|TERRORISM FINANCING|TERRORISM|COUNTER-TERRORISM|INFORMATION EXCHANGE

S/67 [46] AFGHANISTAN SITUATION
S/67 [31] TERRORISM
S/67 [38] SANCTIONS COMPLIANCE