Security Council Committee pursuant to resolution 2713 (2023) concerning Al-Shabaab

The Security Council Committee pursuant to resolution 2713 (2023) concerning Al-Shabaab (hereafter “the Committee”) oversees the sanctions measures imposed by the Security Council. 
 

2713 regime: sanctions measures

Measure

Description

Exemptions/Exceptions to the measures

Arms Embargo

For the purposes of preventing Al-Shabaab and other actors intent on undermining peace and security in Somalia and the region, all States are required to implement the arms embargo on all deliveries of weapons, ammunition and military equipment to Somalia, including the prohibition of financing of all acquisitions and deliveries of weapons. ammunition and military equipment. These measures do not apply to deliveries or supplies to the GFRS, the Somali National Army, the National Intelligence and Security Agency, the Somali National Police Force and the Somali Custodial Corps.

Set out in paragraphs 33-41 of resolution 2713 (2023)

Arms Embargo (Targeted ban – individuals and entities )

All Member States are required to take the necessary measures to prevent the direct or indirect supply, sale or transfer of weapons and military equipment, and the direct or indirect supply of technical assistance or training, financial and other assistance, including investment, brokering or other financial services related to military activities, or to the supply, sale transfer, manufacture, maintenance or use of weapons and military equipment to the individuals or entities designated by the Committee.

None

Travel Ban

All Member States are required to take the necessary measures to prevent the entry into or transit through their territories of individuals designated by the Committee.

Set out in paragraph 2 of resolution 1844 (2008)

Assets Freeze

All Member States are required to freeze without delay funds, other financial assets and economic resources which are on their territories, that are owned or controlled, directly or indirectly, by individuals and entities designated by the Committee, or by individuals or entities acting on their behalf or at their direction, or by entities owned or controlled by them, as designated by the Committee.

All Member States are required to ensure that any funds, financial assets or economic resources are prevented from being made available by their nationals or by any individuals or entities within their territories, to or for the benefit of individuals or entities designated by the Committee.

Set out in paragraph 4 of resolution 1844 (2008) and paragraph 1 of resolution 2664 (2022)

Charcoal Ban

All Member States are required to take the necessary measures to prevent the direct or indirect import of charcoal from Somalia, whether or not such charcoal originated in Somalia.

Somali authorities are required take the necessary measures to prevent the export of charcoal from Somalia.

None - but paragraph 2 of resolution 2696 (2023). authorized the Federal Government of Somalia to implement its proposal for a one-off, complete disposal of the charcoal stockpile as a one-off exemption to the ban.

IED Components Ban

All States are required to prevent the direct or indirect sale, supply or transfer of items in part I of Annex C to resolution 2713 (2023) from their territories or by their nationals outside their territories, or using their flag vessels or aircraft if there is sufficient evidence to demonstrate that the item(s) will be used, or a significant risk they may be used, in the manufacture in Somalia of improvised explosive devices.

All Member States are called upon to undertake appropriate measures to promote the exercise of vigilance by their nationals, persons subject to their jurisdiction and firms incorporated in their territory or subject to their jurisdiction that are involved in the sale, supply, or transfer of explosive precursors and materials to Somalia that may be used in the manufacture of improvised explosive devices, including among other things items in part II of Annex C, to keep records of transactions and share information with Somalia, the Committee and the Panel regarding suspicious purchases of or enquiries into these chemicals by individuals in Somalia and to ensure that Somalia is provided with adequate financial and technical assistance to establish appropriate safeguards for the storage and distribution of materials.

Post-transfer notification per paragraph 19(b) of resolution 2713 (2023)

Work and mandate of the Committee

The Committee comprises all 15 members of the Security Council and makes its decision by consensus. The current Chair of the Committee, for the period ending 31 December 2024, is His Excellency Mr. Kazuyuki Yamazaki (Japan). The Vice-Chair for 2024 is the People's Republic of China. The Committee prepares annual reports of its activities. The Committee has Guidelines for the conduct of its work. Formal and informal meetings of the Committee are announced in the Journal of the United Nations. The work of the Committee is supported by the Panel of Experts pursuant to resolution 2713 (2023).

The Committee is mandated inter alia to:

  • oversee the implementation of the sanctions measures
  • consider and decide upon notifications and requests for exemptions from the sanctions measures
  • designate individuals and entities who meet the listing criteria as contained in the relevant resolutions
  • receive and send notifications regarding maritime interdiction of charcoal and arms
  • examine the Member States’ reports submitted pursuant to relevant resolutions
  • examine the reports presented by the Panel of Experts
  • examine the findings of the arms and ammunition joint verification team for Somalia
  • report annually to the Security Council on the implementation of the sanction measures, with its observations and recommendations on ways to strengthen those, as well as on possible cases of non-compliance, including on the appropriate course of actions;
  • conduct outreach activities.

Background information

The Committee was initially established pursuant to resolution 751 (1992) concerning Somalia on 24 April 1992 to oversee the general and complete arms embargo imposed by Security Council resolution 733 (1992) on Somalia. Following the adoption of resolution 1907 (2009), which imposed a sanctions regime on Eritrea and expanded the Committee's mandate, the Committee changed its name on 26 February 2010 to “Security Council Committee pursuant to resolution 751 (1992) and 1907 (2009) concerning Somalia and Eritrea”. With the adoption of resolution 2444 (2018), which terminated the Eritrea sanctions regime, the Committee’s name was changed to “Security Council Committee pursuant to resolution 751 (1992) concerning Somalia”. On 17 November 2022, the Security Council adopted resolution 2662 (2022), by which it changed the name of the Committee to “Security Council Committee pursuant to resolution 751 (1992) concerning Al-Shabaab”. On 1 December 2023, the Security Council adopted resolution 2713 (2023), by which it imposed a general and complete arms embargo on Al-Shabaab in Somalia, and changed the name of the Committee to “Security Council Committee pursuant to resolution 2713 (2023) concerning Al-Shabaab”. On the same date, the Council adopted resolution 2714 (2023) by which it lifted the arms embargo imposed in resolution 733 (1992).

Further information on measures

Arms Embargo

The Security Council lifted the general and complete arms embargo on Somalia, imposed by resolution 733 (1992) on 23 January 1992, by resolution 2714 (2023) on 1 December 2023. By resolution 2713 (2023), the Council imposed a general and complete arms embargo on Al-Shabaab, with exceptions and exemptions in place for other actors operating in the country. The exemptions consist of procedures for the delivery of specific items to Somalia, via notifications to or subject to a no-objection process in, the Committee. Such procedures do not apply to the Government of the Federal Republic of Somalia, the Somali National Army, the National Intelligence and Security Agency, the Somali National Police Force and the Somali Custodial Corps, all of which are excluded from the scope of the arms embargo. 

Targeted Sanctions

By resolution 1844 (2008), the Security Council decided to impose individual targeted sanctions (an arms embargo, including training and financial assistance, on individuals and entities; a travel ban on individuals; and an assets freeze on individuals and entities, as designated by the Committee). Paragraphs 2 and 4 of resolution 1844 (2008) contain exemptions to those measures. Paragraph 1 of resolution 2664 (2022) contains a humanitarian carve-out to the assets freeze measures.

Under the sanctions regime, the Committee is mandated to consider designating individuals or entities on the basis of the criteria contained in paragraph 8 of resolution 1844 (2008), paragraphs 1, 2 and 3 of resolution 2002 (2011), paragraph 23 of resolution 2036 (2012), paragraphs 1, 2 and 3 of resolution 2060 (2012), paragraph 43 of resolution 2093 (2013), paragraph 50 of resolution 2444 (2018) resolution 2444 (2018) and paragraph 26 of resolution 2662 (2022).

Charcoal Ban

In resolution 2036 (2012), the Security Council imposed a ban on the direct or indirect import of charcoal from Somalia, whether or not such charcoal originated in Somalia. Furthermore, the Council decided that Somali authorities shall take the necessary measures to prevent the export of charcoal from Somalia. In resolution 2111 (2013), the Council requested that AMISOM (whose successor is now ATMIS) support and assist the Somali authorities in taking all the necessary measures to prevent the export and import of charcoal from Somalia. In resolution 2124 (2013), the Council requested the Secretary-General and his Special Representative to raise awareness amongst relevant Member States on their requirements to abide by the charcoal ban. In resolution 2182 (2014), the Council authorised Member States or voluntary multinational naval partnerships to interdict charcoal and weapons on vessels in Somali territorial waters and on the high seas ( including the Arabian sea and Persian Gulf) that may be carrying Somali charcoal and weapons destined for Somalia or designated individuals and entities. In resolution 2696 (2023), the Council authorized the Federal Government of Somalia to implement its proposal for a one-off, complete disposal of the charcoal stockpile as a one-off exemption to the ban.

IED Components Ban

By resolution 2498 (2019), the Security Council decided that all States shall prevent the direct or indirect sale, supply or transfer to Somalia of items in Part I of Annex C to the resolution from their territories or by their nationals outside their territories, or using their flag vessels or aircraft if there is sufficient evidence to demonstrate that the item(s) will be used, or a significant risk they may be used, in the manufacture in Somalia of improvised explosive devices. The Council also called upon all Member States to undertake appropriate measures to promote the exercise of vigilance by their nationals, persons subject to their jurisdiction and firms incorporated in their territory or subject to their jurisdiction that are involved in the sale, supply, or transfer of explosive precursors and materials to Somalia that may be used in the manufacture of improvised explosive devices, including among other things items in part II of Annex C. In resolution 2551 (2020), the Council added to the list of components, which was further amended and added to by resolution 2713 (2023).

2713 Al-Shabaab sanctions regime: summary of listing criteria

Criteria

Relevant Resolution

Engaging in, or providing support for, acts that threaten the peace, security or stability of Somalia, including acts that threaten the peace and reconciliation process in Somalia, or obstruct, undermine or threaten the Federal Government of Somalia, AMISOM or UNSOM by force

Paragraph 8 (a) of resolution 1844 (2008);

Paragraph 1 (a) of resolution 2002 (2011);

Paragraph 1 and 3 of resolution 2060 (2012);

Paragraph 43 (a) of resolution 2093 (2013).

Acting in violation of the arms embargo […] or as having acted in violation of the arms resale and transfer restrictions

Paragraph 8 (b) of resolution 1844 (2008); Paragraph 1 (b) of resolution 2002 (2011); Paragraph 43 (b) of resolution 2093 (2013).

Obstructing the delivery of humanitarian assistance to Somalia, or access to, or distribution of, humanitarian assistance in Somalia

Paragraph 8 (c) of resolution 1844 (2008); Paragraph 1 (c) of resolution 2002 (2011); Paragraph 43 (c) of resolution 2093 (2013).

Recruiting or using children in armed conflicts in Somalia in violation of applicable international law by political or military leaders

Paragraph 1 (d) of resolution 2002 (2011); Paragraph 43 (d) of resolution 2093 (2013).

Violating applicable international law in Somalia involving the targeting of civilians including children and women in situations of armed conflict, including killing and maiming, sexual and gender-based violence, attacks on schools and hospitals and abduction and forced displacement

Paragraph 1 (e) of resolution 2002 (2011); Paragraph 43 (e) of resolution 2093 (2013).

Engaging in the export or direct or indirect import of charcoal from Somalia

Paragraph 2 (a) of resolution 2060 (2012).

Engaging in any non-local commerce via Al-Shabaab controlled ports which constitutes financial support for a designated entity

Paragraph 2 (b) of resolution 2060 (2012).

Misappropriating financial resources which undermines the Transitional Federal Institutions’ and their post-transition successors’ ability to fulfil their obligations in delivering services within the framework of the Djibouti Agreement

Paragraph 2 (c) of resolution 2060 (2012);

Paragraph 44 of resolution 2385 (2017).

Planning, directing or committing acts involving sexual and gender-based violence

Paragraph 50 of resolution 2444 (2018).

Having engaged in, or provided support for, acts that threatened the peace, security or stability of Somalia, including acts that threatened the peace and reconciliation process in Somalia, or threatened the Federal Government of Somalia or ATMIS by force

Being associated with Al-Shabaab

Paragraph 26 of resolution 2662 (2022)