UN Security Council Resolution
on
Freezing the finances of the Taliban and
Ban on flights to Taliban-held territory
October 15, 1999
RESOLUTION 1267 (1999)
Adopted by the Security
Council at its 4051st meeting, on 15 October 1999
The Security Council,
Reaffirming its previous
resolutions, in particular resolutions 1189 (1998) of 13 August 1998,
1193 (1998) of 28 August 1998 and 1214 (1998) of 8 December 1998, and
the statements of its President on the situation in Afghanistan,
Reaffirming its strong
commitment to the sovereignty, independence, territorial integrity and
national unity of Afghanistan, and its respect for Afghanistan's cultural
and historical heritage,
Reiterating its deep concern
over the continuing violations of international humanitarian law and
of human rights, particularly discrimination against women and girls,
and over the significant rise in the illicit production of opium, and
stressing that the capture by the Taliban of the Consulate-General of
the Islamic Republic of Iran and the murder of Iranian diplomats and
a journalist in Mazar-e-Sharif constituted flagrant violations of established
international law,
Recalling the relevant
international counter-terrorism conventions and in particular the obligations
of parties to those conventions to extradite or prosecute terrorists,
Strongly condemning the
continuing use of Afghan territory, especially areas controlled by the
Taliban, for the sheltering and training of terrorists and planning
of terrorist acts, and reaffirming its conviction that the suppression
of international terrorism is essential for the maintenance of international
peace and security,
Deploring the fact that
the Taliban continues to provide safe haven to Usama bin Laden and to
allow him and others associated with him to operate a network of terrorist
training camps from Taliban-controlled territory and to use Afghanistan
as a base from which to sponsor international terrorist operations,
Noting the indictment of
Usama bin Laden and his associates by the United States of America for,
inter alia, the 7 August 1998 bombings of the United States embassies
in Nairobi, Kenya, and Dar es Salaam, Tanzania and for conspiring to
kill American nationals outside the United States, and noting also the
request of the United States of America to the Taliban to surrender
them for trial (S/1999/1021),
Determining that the failure
of the Taliban authorities to respond to the demands in paragraph 13
of resolution 1214 (1998) constitutes a threat to international peace
and security,
Stressing its determination
to ensure respect for its resolutions,
Acting under Chapter VII
of the Charter of the United Nations,
1. Insists that the Afghan
faction known as the Taliban, which also calls itself the Islamic Emirate
of Afghanistan, comply promptly with its previous resolutions and in
particular cease the provision of sanctuary and training for international
terrorists and their organizations, take appropriate effective measures
to ensure that the territory under its control is not used for terrorist
installations and camps, or for the preparation or organization of terrorist
acts against other States or their citizens, and cooperate with efforts
to bring indicted terrorists to justice;
2. Demands that the Taliban
turn over Usama bin Laden without further delay to appropriate authorities
in a country where he has been indicted, or to appropriate authorities
in a country where he will be returned to such a country, or to appropriate
authorities in a country where he will be arrested and effectively brought
to justice;
3. Decides that on 14 November
1999 all States shall impose the measures set out in paragraph 4 below,
unless the Council has previously decided, on the basis of a report
of the Secretary-General, that the Taliban has fully complied with the
obligation set out in paragraph 2 above;
4. Decides further that,
in order to enforce paragraph 2 above, all States shall:
(a) Deny permission for
any aircraft to take off from or land in their territory if it is owned,
leased or operated by or on behalf of the Taliban as designated by the
Committee established by paragraph 6 below, unless the particular flight
has been approved in advance by the Committee on the grounds of humanitarian
need, including religious obligation such as the performance of the
Hajj;
(b) Freeze funds and other
financial resources, including funds derived or generated from property
owned or controlled directly or indirectly by the Taliban, or by any
undertaking owned or controlled by the Taliban, as designated by the
Committee established by paragraph 6 below, and ensure that neither
they nor any other funds or financial resources so designated are made
available, by their nationals or by any persons within their territory,
to or for the benefit of the Taliban or any undertaking owned or controlled,
directly or indirectly, by the Taliban, except as may be authorized
by the Committee on a case-by-case basis on the grounds of humanitarian
need;
5. Urges all States to
cooperate with efforts to fulfil the demand in paragraph 2 above, and
to consider further measures against Usama bin Laden and his associates;
6. Decides to establish,
in accordance with rule 28 of its provisional rules of procedure, a
Committee of the Security Council consisting of all the members of the
Council to undertake the following tasks and to report on its work to
the Council with its observations and recommendations:
(a) To seek from all States
further information regarding the action taken by them with a view to
effectively implementing the measures imposed by paragraph 4 above;
(b) To consider information
brought to its attention by States concerning violations of the measures
imposed by paragraph 4 above and to recommend appropriate measures in
response thereto;
(c) To make periodic reports
to the Council on the impact, including the humanitarian implications,
of the measures imposed by paragraph 4 above;
(d) To make periodic reports
to the Council on information submitted to it regarding alleged violations
of the measures imposed by paragraph 4 above, identifying where possible
persons or entities reported to be engaged in such violations;
(e) To designate the other
financial resources referred to in paragraph 4 above in order to facilitate
the implementation of the measures imposed by that paragraph;
(f) To consider requests
for exemptions from the measures imposed by paragraph 4 above as provided
in that paragraph, and to decide on the granting of an exemption to
these measures in respect of the payment by the International Air Transport
Association (IATA) to the aeronautical authority of Afghanistan on behalf
of international airlines for air traffic control services;
(g) To examine the reports
submitted pursuant to paragraph 9 below;
7. Calls upon all States
to act strictly in accordance with the provisions of this resolution,
notwithstanding the existence of any rights or obligations conferred
or imposed by any international agreement or any contract entered into
or any licence or permit granted prior to the date of coming into force
of the measures imposed by paragraph 4 above;
8. Calls upon States to
bring proceedings against persons and entities within their jurisdiction
that violate the measures imposed by paragraph 4 above and to impose
appropriate penalties;
9. Calls upon all States
to cooperate fully with the Committee established by paragraph 6 above
in the fulfilment of its tasks, including supplying such information
as may be required by the Committee in pursuance of this resolution;
10. Requests all States
to report to the Committee established by paragraph 6 above within 30
days of the coming into force of the measures imposed by paragraph 4
above on the steps they have taken with a view to effectively implementing
paragraph 4 above;
11. Requests the Secretary-General
to provide all necessary assistance to the Committee established by
paragraph 6 above and to make the necessary arrangements in the Secretariat
for this purpose;
12. Requests the Committee
established by paragraph 6 above to determine appropriate arrangements,
on the basis of recommendations of the Secretariat, with competent international
organizations, neighbouring and other States, and parties concerned
with a view to improving the monitoring of the implementation of the
measures imposed by paragraph 4 above;
13. Requests the Secretariat
to submit for consideration by the Committee established by paragraph
6 above information received from Governments and public sources on
possible violations of the measures imposed by paragraph 4 above;
14. Decides to terminate
the measures imposed by paragraph 4 above once the Secretary-General
reports to the Security Council that the Taliban has fulfilled the obligation
set out in paragraph 2 above;
15. Expresses its readiness
to consider the imposition of further measures, in accordance with its
responsibility under the Charter of the United Nations, with the aim
of achieving the full implementation of this resolution;
16. Decides to remain actively
seized of the matter.
Source: http://www.un.org/Docs/scres/1999/99sc1267.htm
|