Vote on a Draft Resolution Extending the Application of Resolution 2664 to the ISIL and Al-Qaida Sanctions Regime*
Tomorrow morning (6 December), the Security Council is expected to vote on a draft resolution extending the application of resolution 2664—which established a humanitarian carve-out to the asset freeze measures imposed by UN sanctions regimes—to the 1267/1989/2253 Islamic State in Iraq and the Levant (ISIL/Da’esh) sanctions regime (1267 regime). Switzerland and the US co-authored the draft in blue.
Background
Adopted on 9 December 2022, resolution 2664 decided that “the provision, processing or payment of funds, other financial assets, or economic resources, or the provision of goods and services necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs by the UN…are permitted and are not a violation of the asset freezes imposed by [the] Council or its Sanctions Committees”, thereby establishing a humanitarian carve-out to the asset freeze measures imposed by all UN sanctions regimes. This carve-out applies to a range of entities, including UN programmes, funds, and agencies, humanitarian organisations having observer status with the General Assembly, and certain non-governmental organisations.
During the negotiations leading to the adoption of resolution 2664 some members, including China, France, Russia, and then-members India and Kenya, expressed concern about including the 1267 regime in the carve-out, while other members, including the UK and then-members Brazil, Mexico, and Norway, argued that the carve-out should apply to that regime. To address the concerns of those members who were sceptical about including the 1267 regime within the ambit of the carve-out, resolution 2664 stipulated that the carve-out would apply to the 1267 regime for an initial period of two years and expressed an intention to decide on extending its application to that regime before 9 December 2024. (For more information on the negotiations, see our 9 December 2022 What’s in Blue story.)
The 1267 regime imposes an assets freeze, a travel ban, and an arms embargo on individuals and entities associated with ISIL or Al-Qaida. The listing criteria for these measures include participating in the acts or activities of ISIL or Al-Qaida; selling weapons to ISIL or Al-Qaida; and recruiting for ISIL or Al-Qaida. The 1267/1989/2253 ISIL and Al-Qaida Sanctions Committee (1267 Committee) is a subsidiary organ of the Council established to oversee the regime. Its tasks include designating individuals and entities who meet the listing criteria, overseeing implementation of the measures imposed by the regime, responding to requests for exemptions, reporting annually to the Council, and conducting outreach activities.
Negotiations on the Draft Resolution
The draft resolution in blue decides that the humanitarian carve-out will continue to apply to the 1267 regime for an indefinite period and reiterates the importance of monitoring the implementation of the carve-out in accordance with resolution 2664. It also includes previously agreed language from resolution 2664 recalling the role played by the 1267 Committee in monitoring implementation of the carve-out and affirming the importance of the Council’s consideration of information regarding implementation of the measures imposed by the 1267 regime.
It seems that the negotiations on the draft resolution were relatively smooth, with Council members generally agreeing that resolution 2664 should continue to apply to the 1267 regime. Council members appear to have been able to come to a final agreement earlier than expected, which led to the vote on the draft being rescheduled from 9 December to tomorrow.
The co-penholders circulated the first draft of the resolution to all Council members on 21 November. After one in-person negotiation and a round of written comments, the co-penholders placed a second draft under silence until 2 December. Silence was then broken by Russia. Following a series of bilateral consultations, the co-penholders put a third draft under silence until 5 December. Silence was not broken, and the third draft was subsequently put in blue.
It appears that the first draft of the resolution circulated by the penholders extended the application of resolution 2664 to the 1267 regime for an indefinite period and reiterated the importance of monitoring the implementation of the humanitarian carve-out without including additional substantive language. While many Council members supported this approach, Russia apparently disagreed, arguing that the extension should only apply for two years and that the draft should include stronger language on monitoring the implementation of the carve-out, as well as text on the risk of aid diversion and unilateral coercive measures (UCMs). (The term UCMs usually refers to economic measures imposed by one state or group of states to compel a policy change in another state, including through national sanctions regimes. The term is contentious and most often used by countries subject to UCMs, who argue that such measures have detrimental effects on the concerned countries’ humanitarian and economic conditions.)
In an effort to address Russia’s concerns, the co-penholders added previously agreed language from resolution 2664 to the second draft before placing it under silence. This included text recalling the role played by the 1267 Committee in monitoring the implementation of the humanitarian carve-out and a paragraph reiterating that humanitarian providers relying on the carve-out must use reasonable efforts to minimise the accrual of benefits prohibited by sanctions to designated individuals and entities. In breaking silence on this draft, Russia apparently argued that its concerns had not been fully addressed and advocated for stronger language on the risk of aid diversion, while reiterating its view that the extension should only cover a two-year period.
In an apparent compromise, the draft resolution in blue extends the application of resolution 2664 to the 1267 regime indefinitely and incorporates language referring to reported cases of abuse of non-profit organisations by ISIL and Al-Qaida, including as front organisations for raising and transferring funds as well as new text suggesting that providers relying on the humanitarian carve-out should use reasonable efforts to eliminate the accrual of benefits. The text concerning reported cases of abuse appears to be based on preambular language in resolution 2462 of 28 March 2019 on combatting the financing of terrorism.
It seems that text noting that the briefings delivered to the Council’s sanctions committees by the UN Emergency Relief Coordinator pursuant to resolution 2664 should focus on the “impact on beneficiaries of humanitarian activities” was also added to address Russia’s concerns. In addition, France apparently proposed new language stipulating that these briefings should be provided on a regular basis, which was incorporated in the draft resolution in blue.
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**Post-script: On 6 December, the Security Council unanimously adopted resolution 2761, extending the application of the humanitarian carve-out established by resolution 2664 to the 1267/1989/2253 ISIL and Al-Qaida sanctions regime for an indefinite period.
