Counter-Terrorism: Vote on a Draft Resolution Amending the 1267/1989/2253 ISIL/Da’esh and Al-Qaida Sanctions List*
Tomorrow afternoon (6 November), the Security Council will vote on a draft resolution removing interim Syrian President Ahmed al-Sharaa and interim Syrian Interior Minister Anas Khattab from the 1267/1989/2253 Islamic State in Iraq and the Levant (ISIL/Da’esh) and Al-Qaida sanctions list. The US, which is the penholder on counter-terrorism, authored the draft resolution.
Background
On 27 November 2024, a coalition of opposition groups spearheaded by Hayat Tahrir al-Sham (HTS) launched a major offensive that ultimately led to the ouster of former Syrian President Bashar al-Assad. On 29 January, Sharaa, the leader of HTS, was appointed as interim President of Syria. Since his appointment, Sharaa has announced the formation of an interim government, introduced a series of measures intended to facilitate a formal political transition in Syria, and sought to build closer ties with the international community.
On 7 July, the US Department of State announced the revocation of HTS’ designation as a foreign terrorist organisation under the Immigration and Nationality Act, a move intended to provide sanctions relief to Syria. The UK followed suit on 21 October, announcing the removal of HTS from its list of proscribed terrorist organisations to allow “closer engagement with the new Syrian government”. On 15 October, Sharaa met with Russian President Vladimir Putin in Moscow, where both parties acknowledged the historical ties between Russia and Syria. Sharaa is also scheduled to meet with US President Donald Trump in Washington DC on Monday (10 November), where he is reportedly expected to sign an agreement committing Syria to joining the US-led Global Coalition to Defeat ISIL. (For additional background, see our coverage on Syria.)
In September, Sharaa took part in the UN General Assembly’s General Debate in New York, the first time a Syrian president had attended the event in nearly 60 years. In his speech, he described the interim government’s “clear strategic policy built upon three pillars: balanced diplomacy, security stability, and economic development”. He also highlighted Syria’s efforts to restore its international relations and called for the complete lifting of all remaining sanctions.
HTS is referred to as an alias for the Al-Nusrah Front on the 1267/1989/2253 ISIL/Da’esh and Al-Qaida sanctions list. The relevant entry says that the group was listed on 14 May 2014 and is associated with Al-Qaida. The entry also notes that the group brought Syrian fighters and foreign fighters from Al-Qaida in Iraq and Asbat al-Ansar (a group based in Lebanon), as well as other Al-Qaida operatives, to join local elements in Syria to carry out terrorist and guerrilla operations. The entry relating to Sharaa says that he is the leader of the group and that he was listed on 24 July 2013, while the entry for Khattab describes him as its “administrative amir” and notes that he was listed on 23 September 2014.
Ordinarily, delisting requests are handled by the 1267/1989/2253 ISIL/Da’esh and Al-Qaida Sanctions Committee. The Committee operates by consensus, which means that any member can block a delisting request received by the Committee. (For an overview of the Committee’s procedure for delisting, see here.)
Negotiations on the Draft Resolution
The draft resolution in blue contains two operative paragraphs. The first decides that Sharaa and Khattab are delisted from the 1267/1989/2253 ISIL/Da’esh and Al-Qaida sanctions list and the second decides that the Council will remain actively seized of the matter. The draft text also includes preambular language on the Council’s intention to promote Syria’s long-term reconstruction, stability, and economic development; the need for member states to prevent and suppress terrorist acts committed by ISIL/Da’esh; and the Council’s expectation that Syria will adhere to its commitments, including those relating to humanitarian access, counter-terrorism and foreign terrorist fighters (FTFs), human rights, security, counter-narcotics, transitional justice, non-proliferation and elimination of chemical weapons, regional stability, and an inclusive political process.
Following initial discussions among the permanent members that began during the summer, the US circulated the first draft of the resolution to all members on 9 October. After one in-person negotiation and a round of written comments, a second draft was circulated on 27 October. Following another round of written comments, the US placed a third draft under silence procedure on 4 November. China broke silence, while Greece and the UK provided additional comments. The US then put a fourth draft directly into blue this evening (5 November) and requested a vote tomorrow afternoon.
It appears that the negotiations were somewhat contentious. While Council members were generally supportive of the draft resolution, many apparently expressed concerns regarding certain aspects of earlier versions of the draft text, including in relation to two carve-outs from the 1267/1989/2253 ISIL/Da’esh and Al-Qaida sanctions regime that were incorporated in earlier versions of the draft.
The first of these carve-outs decided that the assets freeze imposed by the sanctions regime would not apply in particular circumstances, such as the payment of funds for the sole purpose of the reconstruction of Syria. The second carve-out decided that the arms embargo would not be violated in certain instances, including where assistance is provided to Syria to reduce the risks posed by explosive ordnance or destroy unsecured conventional weapons. Although most members were not opposed to these carve-outs in principle, some took issue with the way in which they were formulated. Members were apparently concerned, for example, that the wording used in the relevant paragraphs could convey the misleading impression that Syria is subject to the measures imposed by the 1267/1989/2253 ISIL/Da’esh and Al-Qaida sanctions regime. (The 1267/1989/2253 sanctions regime only applies to designated individuals, groups, undertakings, and entities rather than member states.) It seems that some members were also concerned about the risk of diversion and the need for adequate oversight, as well as the lack of language relating to a number of issues, including international law, accountability, FTFs, and the commitments made by the interim government. The penholder made several changes in the second draft of the resolution to address these concerns.
After receiving comments on the second draft, the US decided to remove the carve-outs and related provisions from the resolution entirely and table a third much shorter draft of the resolution for a vote as soon as possible. It seems that there is a possibility that this decision and the timing might be linked to Sharaa’s upcoming meeting with Trump at the White House on 10 November. Much of the preambular language that was added to the second draft was also removed from the third draft.
China, for its part, apparently pushed for the resolution to include language on the threat posed by FTFs. China has been particularly vocal in calling on Damascus to take a stronger stance on FTFs in Syria, some of whom have reportedly been integrated into the armed forces. Several FTFs in Syria are members of the Eastern Turkistan Islamic Movement (ETIM), which China considers a terrorist organisation. ETIM is also designated under the 1267/1989/2253 ISIL/Da’esh and Al-Qaida sanctions regime. Additionally, China argued that Sharaa and Khattab’s delisting should only apply for a specific period of time and suggested that the Council should have the opportunity to review the delisting once that period of time had expired. These concerns apparently led China to break silence on the third draft on 5 November. It seems that Russia also expressed support for the points raised by China.
It appears that Greece’s comments on the third draft included a suggestion for stronger language on international law in the preambular section of the resolution, while the UK argued that text clarifying that the government of Syria is not subject to UN sanctions that was included in earlier drafts should be reinstated.
Following China’s silence break and the comments from Greece and the UK, the penholder added some additional language on FTFs, made some technical edits, and put the fourth draft directly into blue.
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**Post-script: On 6 November, the Security Council adopted resolution 2799, which removed interim Syrian President Ahmed al-Sharaa and interim Syrian Interior Minister Anas Khattab from the 1267/1989/2253 Islamic State in Iraq and the Levant (ISIL/Da’esh) and Al-Qaida sanctions list. The resolution was adopted with 14 votes in favour and one abstention (China).
