LegalizeΑποφάσεις - Ανακοινώσεις — ΦΕΚ A' 58/2015
ΕΦΗΜΕΡΙΣ ΤΗΣ ΚΥΒΕΡΝΗΣΕΩΣ
ΤΗΣ ΕΛΛΗΝΙΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ
ΤΕΥΧΟΣ ΠΡΩΤΟ Αρ. Φύλλου 58 15 Ιουνίου 2015 ΑΠΟΦΑΣΕΙΣ Αριθμ. Φ.4710/ΑΣ 23650 Απόφαση 2199(2015) του Συμβουλίου Ασφαλείας αναφορικά με το καθεστώς των κυρώσεων κατά της Αλ−Κάϊντα. Ο ΥΠΟΥΡΓΟΣ ΕΞΩΤΕΡΙΚΩΝ Έχοντας υπόψη: Την διάταξη του άρθρου 1 του Α.Ν. 92 της 3/10.8.1967 «περί εφαρμογής αποφάσεων του Συμβουλίου Ασφαλείας των Ηνωμένων Εθνών και περί εγκρίσεως και εφαρμογής συστάσεων του Συμβουλίου Ασφαλείας και της Γενικής Συνελεύσεως», Προβαίνουμε στην δημοσίευση της αποφάσεως 2199(2015) του Συμβουλίου Ασφαλείας των Ηνωμένων Εθνών η οποία είναι, δυνάμει του άρθρου 25 του Χάρτη των Ηνωμένων Εθνών που κυρώθηκε με τον Α.Ν. 585/1945, υποχρεωτική για τα Κράτη μέλη του Οργανισμού και παραγγέλλουμε την αυστηρή τήρηση και συμμόρφωση προς τις διατάξεις της απόφασης αυτής. Κατωτέρω παρατίθεται το κείμενο της απόφασης στην αγγλική γλώσσα και σε ελληνική μετάφραση. 615 12 February 2015 The Security Council, Reaffirming its primary responsibility for the maintenance of international peace and security, in accordance with the Charter of the United Nations, Reaffirming that terrorism in all forms and manifestations constitutes one of the most serious threats to international peace and security and that any acts of terrorism are criminal and unjustifiable regardless of their motivations, whenever and by whomsoever committed, Reaffirming the need to combat by all means, in accordance with the Charter of the United Nations and international law, including applicable international human rights, refugee, and humanitarian law, threats to international peace and security caused by terrorist acts, stressing in this regard the important role the United Nations plays in leading and coordinating this effort, Emphasizing that sanctions are an important tool under the Charter of the United Nations in the maintenance and restoration of international peace and security including countering terrorism, and underlining the importance of prompt and effective implementation of relevant resolutions, in particular Security Council resolutions 1267 (1999) and 1989 (2011) as key instruments in the fight against terrorism, Recalling its Resolutions 1267 (1999), 1989 (2011), 2161 (2014), 2170 (2014), and 2178 (2014) and its Presidential Statements of 28 July 2014 and 19 November 2014, including its stated intention to consider additional measures to disrupt oil trade by Islamic State in Iraq and the Levant (ISIL, also known as Daesh), Al-Nusrah Front (ANF) and all other individuals, groups, undertakings and entities associated with Al-Qaida, as a source of terrorism financing, Recognizing the importance of the role that financial sanctions play in disrupting ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida, and emphasizing also the need for a comprehensive approach to fully disrupt ISIL and ANF that integrates multilateral strategies with national action by Member States, Reaffirming the independence, sovereignty, unity and territorial integrity of the Republic of Iraq and the Syrian Arab Republic, and reaffirming further the purposes and principles of the Charter of the United Nations, civilization, Stressing that terrorism can only be defeated by a sustained and comprehensive approach involving the active participation and collaboration of all States, and international and regional organizations to impede, impair, isolate and incapacitate the terrorist threat, Expressing, in this regard, its deep appreciation for Arab League Resolution 7804 (7 September 2014), the Paris Statement (15 September 2014), the FATF statement on countering the financing of ISIL (24 October 2014) and the Manama declaration on countering terrorist finance (9 November 2014), Reaffirming its resolution 1373 (2001) and in particular its decisions that all States shall prevent and suppress the financing of terrorist acts and refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts, including by suppressing recruitment of members of terrorist groups and eliminating the supply of weapons to terrorists, Recognizing the significant need to build capacities of Member States to counter terrorism and terrorist finance, Reiterating its deep concern that oilfields and their related infrastructure, as well as other infrastructure such as dams and power plants, controlled by ISIL, ANF and potentially other individuals, groups, undertakings and entities associated with Al-Qaida, are generating a significant portion of the groups’ income, alongside extortion, private foreign donations, kidnap ransoms and stolen money from the territory they control, which support their recruitment efforts and strengthen their operational capability to organize and carry out terrorist attacks, Condemning in the strongest terms abductions of women and children, expressing outrage at their exploitation and abuse, including rape, sexual abuse, forced marriage, committed by ISIL, ANF, and other individuals, groups, undertakings and entities associated with Al-Qaida, and encouraging all state and non-state actors with evidence to bring it to the attention of the Council, along with any information that human trafficking may support the perpetrators financially, Reaffirming the obligation of Member States to freeze without delay funds and other financial assets or economic resources of persons who commit, or attempt to commit, terrorist acts or participate in or facilitate the commission of terrorist acts; of entities owned or controlled directly or indirectly by such persons; and of persons and entities acting on behalf of, or at the direction of such persons and entities, including funds derived or generated from property owned or controlled Expressing its concern that economic resources such as oil, oil products, modular refineries and related material, other natural resources including precious metals such as gold, silver, and copper, diamonds, and any other assets are made available to ISIL, ANF, and other individuals, groups, undertakings and entities associated with Al-Qaida, and noting that direct or indirect trade with ISIL and ANF in such materials could constitute a violation of the obligations imposed by resolution 2161 (2014), Reminding all States of their obligation to ensure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice, Reaffirming its decision 2133 (2014) and noting again that ransom payments to terrorist groups are one of the sources of income which supports their recruitment efforts, strengthens their operational capability to organize and carry out terrorist attacks, and incentivizes future incidents of kidnapping for ransom, Expressing concern at the increased use, in a globalized society, by terrorists and their supporters, of new information and communications technologies, in particular the Internet, to facilitate terrorist acts, as well as their use to incite, recruit, fund or plan terrorist acts, Expressing grave concern at the increased incidents of kidnapping and hostage-murdering committed by ISIL, and condemning those heinous and cowardly murders which demonstrate that terrorism is a scourge impacting all of humanity and people from all regions and religions or belief, Welcoming the report on ANF and ISIL from the Analytical Support and Sanctions Monitoring Team, published on 14 November 2014, and taking note of its recommendations, Noting with concern the continued threat posed to international peace and security by ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida, and reaffirming its resolve to address all aspects of that threat, Acting under Chapter VII of the Charter of the United Nations, Oil Trade
Condemns any engagement in direct or indirect trade, in particular of oil and oil products, and modular refineries and related material, with ISIL, ANF and any other individuals, groups, undertakings and entities designated as associated with Al-Qaida by the Committee pursuant to resolutions 1267 (1999) and 1989 (2011), and reiterates that such engagement listings by the Committee;
Reaffirms that States are required by resolution 2161 (2014) to ensure that their nationals and those in their territory not make assets or economic resources, directly or indirectly, available to ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida, and notes that this obligation applies to the direct and indirect trade in oil and refined oil products, modular refineries and related material;
Reaffirms that States are required by resolution 2161 (2014) to freeze without delay the funds and other financial assets or economic resources of ISIL, ANF, and other individuals, groups, undertakings and entities associated with Al-Qaida, including funds derived from property owned or controlled directly or indirectly, by them or by persons acting on their behalf or at their direction;
Reaffirms that States are required by resolution 2161 (2014) to ensure that no funds, other financial assets or economic resources are made available, directly or indirectly, by their nationals or by persons within their territory for the benefit of ISIL, ANF, and other individuals, groups, undertakings and entities associated with Al-Qaida;
Recalls that funds and other financial assets or economic resources made available to or for the benefit of listed individuals or entities are not always held directly by them, and recalls in addition that in identifying such funds and benefits, States should be alert to the possibility that property owned or controlled indirectly by the listed party may not be immediately visible;
Confirms that economic resources include oil, oil products, modular refineries and related material, other natural resources, and any other assets which are not funds but which potentially may be used to obtain funds, goods or services;
Emphasizes therefore that States are required by UN Security Council resolution 2161 (2014) to freeze without delay funds, other financial assets and economic resources of ISIL, ANF, and other individuals, groups, undertakings and entities associated with Al-Qaida, including oil, oil products, modular refineries and related material and other natural resources owned or controlled by them, or persons acting on their behalf or at their direction, as well as any funds or negotiable benefit arising from such economic resources;
Recognizes the need to take measures to prevent and suppress the financing of terrorism, individual terrorists, and terrorist organizations, their chemical precursors, and the importance of continued international cooperation to that aim;
Emphasizes that States are required to ensure that their nationals and persons in their territory not make available, directly or indirectly, any funds, other financial assets or economic resources, including oil, oil products, modular refineries and related material and other natural resources that are identified as directed to, collected for, or otherwise for the benefit of ISIL, ANF, and other individuals, groups, undertakings and entities associated with Al-Qaida, as well as any funds or negotiable benefit arising from such economic resources;
Expresses concern that vehicles, including aircraft, cars and trucks and oil tankers, departing from or going to areas of Syria and Iraq where ISIL, ANF or any other groups, undertakings and entities associated with Al-Qaida operate, could be used to transfer oil and oil products, modular refineries and related material, cash, and other valuable items including natural resources such as precious metals and minerals like gold, silver, copper and diamonds, as well as grain, livestock, machinery, electronics, and cigarettes by or on behalf of such entities for sale on international markets, for barter for arms, or for use in other ways that would result in violations of the asset freeze or arms embargo in paragraph 1 of resolution 2161 (2014) and encourages Member States to take appropriate steps in accordance with international law to prevent and disrupt activity that would result in violations of the asset freeze or targeted arms embargo in paragraph 1 of resolution 2161 (2014);
Reaffirms that all States shall ensure that any person who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts is brought to justice and ensure that such terrorist acts are established as serious criminal offenses in domestic laws and regulations and that the punishment duly reflects the seriousness of such terrorist acts, and emphasizes that such support may be provided through trade in oil and refined oil products, modular refineries and related material with ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida;
Decides that Member States shall inform the 1267/1989 Committee within 30 days of the interdiction in their territory of any oil, oil products, modular refineries, and related material being transferred to or from ISIL or ANF, and calls upon Member States to report to the Committee the outcome of proceedings brought against individuals and entities as a result of such activity; entities engaged in oil trade-related activities with ISIL, ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida and directs the 1267/1989 Al-Qaida Sanctions Committee to immediately consider designations of individuals and entities engaged in oil trade-related activities with ISIL, the ANF and all other individuals, groups, undertakings and entities associated with Al-Qaida;
Calls upon Member States to improve international, regional, and subregional cooperation, including through increased sharing of information for the purpose of identifying smuggling routes used by ISIL and ANF, and for Member States to consider provision of technical assistance and capacity building to assist other Member States to counter smuggling of oil and oil products, and modular refineries and related material, by ISIL, ANF and any other individual, group, undertaking or entity associated with Al-Qaida; Cultural Heritage
Condemns the destruction of cultural heritage in Iraq and Syria particularly by ISIL and ANF, whether such destruction is incidental or deliberate, including targeted destruction of religious sites and objects;
Notes with concern that ISIL, ANF and other individuals, groups, undertakings and entities associated with Al-Qaida, are generating income from engaging directly or indirectly in the looting and smuggling of cultural heritage items from archaeological sites, museums, libraries, archives, and other sites in Iraq and Syria, which is being used to support their recruitment efforts and strengthen their operational capability to organize and carry out terrorist attacks;
Reaffirms its decision in paragraph 7 of resolution 1483 (2003) and decides that all Member States shall take appropriate steps to prevent the trade in Iraqi and Syrian cultural property and other items of archaeological, historical, cultural, rare scientific, and religious importance illegally removed from Iraq since 6 August 1990 and from Syria since 15 March 2011, including by prohibiting cross-border trade in such items, thereby allowing for their eventual safe return to the Iraqi and Syrian people and calls upon the United Nations Educational, Scientific, and Cultural Organization, Interpol, and other international organizations, as appropriate, to assist in the implementation of this paragraph; Kidnapping for Ransom and External Donations
Reaffirms its condemnation of incidents of kidnapping and hostage-taking committed by ISIL, ANF and all other individuals, groups, undertakings political concessions and expresses its determination to prevent kidnapping and hostage-taking committed by terrorist groups and to secure the safe release of hostages without ransom payments or political concessions, in accordance with applicable international law;
Reaffirms that the requirements of paragraph 1 (a) of resolution 2161 (2014) apply to the payment of ransoms to individuals, groups, undertakings or entities on the Al-Qaida Sanctions List, regardless of how or by whom the ransom is paid, emphasizes that this obligation applies to ISIL and ANF, and calls upon all Member States to encourage private sector partners to adopt or to follow relevant guidelines and good practices for preventing and responding to terrorist kidnappings without paying ransom;
Reiterates its call upon all Member States to prevent terrorists from benefiting directly or indirectly from ransom payments or from political concessions and to secure the safe release of hostages, and reaffirms the need for all Member States to cooperate closely during incidents of kidnapping and hostage-taking committed by terrorist groups;
Expresses its grave concern of reports that external donations continue to make their way to ISIL, ANF and other individuals, groups, undertakings and entities associated with Al-Qaida, and recalls the importance of all Member States complying with their obligation to ensure that their nationals and persons within their territory do not make donations to individuals and entities designated by the Committee or those acting on behalf of or at the direction of designated entities;
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Η ανάγνωση του παρόντος εγγράφου δεν αντικαθιστά την ανάγνωση του αντίστοιχου τεύχους της Εφημερίδας της Κυβερνήσεως. Δεν αναλαμβάνουμε ευθύνη για τυχόν ανακρίβειες που οφείλονται στη μετατροπή του πρωτοτύπου σε αυτή τη μορφή.