United Nations Security Council Resolution 1363

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United Nations Security Council Resolution 1363
by the United Nations

Adopted unanimously by the Security Council at its 4352nd meeting, on 30 July 2001

The Security Council,

Reaffirming its previous resolutions, in particular resolution 1267 (1999) of 15 October 1999 and resolution 1333 (2000) of 19 December 2000, as well as the statements of its President on the situation in Afghanistan,

Determining that the situation in Afghanistan constitutes a threat to international peace and security in the region,

Acting under Chapter VII of the Charter of the United Nations,

1. Stresses the obligation under the Charter of the United Nations of all Member States to comply fully with the measures imposed by resolutions 1267 (1999) and 1333 (2000);

2. Welcomes the report (S/2001/511) of the Committee of Experts established pursuant to resolution 1333 (2000), and notes the conclusions and recommendations contained therein, following consultations with the States bordering the territory of Afghanistan under Taliban control which it had visited;

3. Requests the Secretary-General to establish, in consultation with the Committee established pursuant to resolution 1267 (1999), within 30 days of the date of adoption of this resolution and for a period running concurrently with the application of the measures imposed by resolution 1333 (2000), a mechanism:

(a) to monitor the implementation of the measures imposed by resolutions 1267 (1999) and 1333 (2000);
(b) to offer assistance to States bordering the territory of Afghanistan under Taliban control and other States, as appropriate, to increase their capacity regarding the implementation of the measures imposed by resolutions 1267 (1999) and 1333 (2000); and
(c) to collate, assess, verify wherever possible, report and make recommendations on information regarding violations of the measures imposed by resolutions 1267 (1999) and 1333 (2000);

4. Decides that the composition of the monitoring mechanism, bearing in mind, inter alia, equitable geographical distribution, should be comprised of:

(a) a Monitoring Group in New York of up to five experts, including a Chairman, to monitor the implementation of all the measures imposed by resolutions 1267 (1999) and 1333 (2000), including in the fields of arms embargoes, counter-terrorism and related legislation and, in view of the link to the purchase of arms and financing of terrorism, money laundering, financial transactions and drug trafficking; and
(b) a Sanctions Enforcement Support Team, under the coordination of the Monitoring Group, of up to fifteen members with expertise in areas such as: customs, border security and counter-terrorism, to be located in those States referred to in paragraph 2 above, in full consultation and in close cooperation with those States;

5. Requests the Monitoring Group to report to the Committee established pursuant to resolution 1267 (1999) including through briefings of experts of the monitoring mechanism regarding the work of the monitoring mechanism as established in paragraph 3 above, and requests also the Sanctions Enforcement Support Team to report at least once a month to the Monitoring Group;

6. Requests also the Committee established pursuant to resolution 1267 (1999) to report to the Security Council on the implementation of this resolution at regular intervals;

7. Calls upon all States, the United Nations and concerned parties, to cooperate in a full and timely manner with the monitoring mechanism;

8. Urges all States to take immediate steps to enforce and strengthen through legislative enactments or administrative measures, where appropriate, the measures imposed under their domestic laws or regulations against their nationals and other individuals or entities operating on their territory, to prevent and punish violations of the measures imposed by resolutions 1267 (1999) and 1333 (2000), and to inform the Committee established pursuant to resolution 1267 (1999) of the adoption of such measures, and invites States to report the results of all related investigations or enforcement actions to the Committee unless to do so would compromise the investigation or enforcement action;

9. Requests the Secretary-General to make the necessary arrangements to support the work of the monitoring mechanism, as an expense of the Organization and through a United Nations Trust Fund established for this purpose, affirms that this Trust Fund will be established by the Secretary-General, encourages States to contribute to the Fund and to contribute, through the Secretary-General, personnel, equipment and services to the monitoring mechanism; and further requests the Secretary-General to keep the Committee established pursuant to resolution 1267 (1999) informed on a regular basis of the financial arrangements supporting the mechanism;

10. Expresses its intention to review the implementation of the measures imposed by resolutions 1267 (1999) and 1333 (2000) on the basis of the information provided by the monitoring mechanism through the Committee established pursuant to resolution 1267 (1999);

11. Decides to remain seized of the matter.

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