The earlier of the two UN anti-terror programs is the 1267 program:
The name of this regime comes from Resolution 1267, which the UN Security Council adopted in 1999 and which, with a whole series of subsequent resolutions, for a long time contained provisions about individual restrictions against Usama bin Laden, the Taliban and al-Qaida, as well as individuals, groups, undertakings and entities associated with them. In the summer of 2011, the UN decided to divide up the sanctions against the Taliban in a separate sanctions regime targeting the situation in Afghanistan. As Usama bin Laden was killed, the remaining parts of regime 1267 were renamed sanctions against al-Qaida through Resolution 1989 (2011). All of the applicable rules, including updates, were gathered in this Resolution, and the sanctions regime is therefore now sometimes called the 1989 regime. The types of sanctions that apply to those included on a list adopted by the UN are the freezing of assets of, and the prohibition to make assets available to, the persons listed, travel restrictions for these persons and an arms embargo, including providing training or other assistance concerning arms.
Here is more detail about the UN's program:
To monitor compliance with the sanctions, the UN has established a sanctions committee – the 1267 Committee (now also called the 1989 Committee) – which has also been instructed to compile a list of those affected by the sanctions. The 1267 Committee is composed of the countries that are members of the Security Council.
At the start, the UN 1267 regime contained few implementation rules. This led to criticism of the regime for reasons that included lack of legal certainty.
Since then, various resolutions from the Security Council have added better defined criteria for the UN to use when listing (Resolution 1617), the right to humanitarian exemptions, stricter requirements regarding the basis for listing decisions and a procedure for de-listing requests. Resolution 1822 (2008) determined that a total review of older lists should be carried out, and that brief reasons should be published for all those on the list. The review was conducted in summer 2010, and regular reviews will subsequently take place concerning the remaining names. In December 2006, the Security Council decided to establish a focal point for de-listing within the UN Secretariat that allowed individuals to submit de-listing requests directly to the UN rather than through their government. This focal point applies for all sanctions regimes. However, as regards the 1267 regime, the focal point was replaced by an Office of the Ombudsperson in accordance with what was prescribed by Resolution 1904 (2009). Regarding de-listing issues, the Ombudsperson is to act as a contact channel between the persons listed and the Sanctions Committee, and independently gather information about the case that is then submitted to the Committee for a decision. Resolution 1989 (2011) has also given the Ombudsperson right of recommendation vis-à-vis the Sanctions Committee with regard to de-listing matters. The mandate has been gradually strengthened, most recently by Resolution 2083 (2012). Important steps have thus been taken towards greater legal security, but the sanctions continue to apply without a time limit and there are still no guarantees for independent review at UN level of the Security Council's listing decisions.
Following Usama bin Laden's death, special regulations have been introduced regarding the unfreezing of his assets.
Information on the 1267 regime can be found most easily on the UN Security Council website. See under external links. The consolidated UN list containing the individuals, groups, undertakings and entities that are currently listed can also be found on this website. In addition, the website publishes decisions on new listings or de-listings.
Sweden has been actively involved in improving the UN's procedures. The Government gives priority to work on ensuring satisfactory legal certainty in the 1267 system, including better review opportunities regarding decisions taken by the Security Council.
and how it's implemented in the EU:
The EU countries have implemented the regime through a Common Position (2002/402/CFSP, amended by 2003/140/CFSP) and a Council Regulation (881/2002, amended by 561/2003). Under the dual influence of demands by EU courts for better procedures at EU level to satisfy the right of listed persons to defend themselves, and the procedures of the UN Sanctions Committee as amended by Resolution 1822 (2008), the Council of the European Union, in December 2009, adopted Council Regulation (EU) No 1286/2009, which amended Council Regulation (EC) No 881/2002. This primarily deals with the development of procedures for providing reasons based on the UN's statement of reasons, notifying the listed person of this and a review of the EU's listing decision in cases where the listed person raises objections to the reasons and the listing. Moreover, EU listing decisions can be appealed to EU courts.
The UN special regulatory framework regarding the unfreezing of Usama bin Laden's assets has been introduced in the Council Regulation by the EU through Council Regulation (EU) No 596/2013.
The Council Regulation is directly applicable and binding in EU Member States and contains a list of those who, as a result of decisions by the Sanctions Committee, are targeted by the sanctions. This list corresponds to the list established by the UN and is updated by the Commission as soon as a change is made to the UN list, upon which the procedure described above is implemented.
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Posted with BlogsyFiled under: EU Updates, Sanctions Programs, Sanctions Regulations, Terrorism, UN Updates
