News

USIS Washington File

15 October 1999

Text: UN Security Council Adopts Limited Sanctions Against Taliban

(The UNSC demands that the Taliban turn over Usama bin Laden) (1560)

The UN Security Council October 15 unanimously adopted a resolution
imposing limited sanctions against the Taliban.

The UNSC demanded 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."

The Council also urged "all States to cooperate with efforts to
fulfill" the demand to turn over Usama bin Laden and "to consider
further measures against" him "and his associates."

Following is the UNSC resolution text:

(begin text)

Canada, the Netherlands, Russian Federation, Slovenia, United Kingdom
of Great Britain and Northern Ireland and United States of America:
draft resolution

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 1996 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 an 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 aircraft and funds or 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 fulfillment 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.

(end text)

(Distributed by the Office of International Information Programs, U.S.
Department of State.)