United Nations Security Council Resolution 1390 – Afghanistan
Resolution 1390 (2002)
The Security Council,
Recalling its resolutions 1267 (1999) of 15 October 1999, 1333 (2000) of 19December 2000 and 1363 (2001) of 30 July 2001,
Reaffirming its previous resolutions on Afghanistan, in particular resolutions1378 (2001) of 14 November 2001 and 1383 (2001) of 6 December 2001,
Reaffirming also its resolutions 1368 (2001) of 12 September 2001 and 1373(2001) of 28 September 2001, and reiterating its support for international efforts to root out terrorism, in accordance with the Charter of the United Nations,
Reaffirming its unequivocal condemnation of the terrorist attacks which took place in New York, Washington and Pennsylvania on 11 September 2001, expressing its determination to prevent all such acts, noting the continued activities of Usama bin Laden and the Al-Qaida network in supporting international terrorism, and expressing its determination to root out this network,
Noting the indictments of Usama bin Laden and his associates by the United States of America for, inter alia, the 7 August 1998 bombings of the United States embassies in Nairobi, Kenya and Dar es Salaam, Tanzania,
Determining that the Taliban have failed to respond to the demands in paragraph 13 of resolution 1214 (1998) of 8 December 1998, paragraph 2 of resolution 1267 (1999) and paragraphs 1, 2 and 3 of resolution 1333 (2000),
Condemning the Taliban for allowing Afghanistan to be used as a base forterrorists training and activities, including the export of terrorism by the Al-Qaida network and other terrorist groups as well as for using foreign mercenaries in hostileactions in the territory of Afghanistan,
Condemning the Al-Qaida network and other associated terrorist groups, forthe multiple criminal, terrorist acts, aimed at causing the deaths of numerous innocent civilians, and the destruction of property,
Reaffirming further that acts of international terrorism constitute a threat tointernational peace and security,
Acting under Chapter VII of the Charter of the United Nations,
- Decides to continue the measures imposed by paragraph 8 (c) ofresolution 1333 (2000) and takes note of the continued application of the measures imposed by paragraph 4 (b) of resolution 1267 (1999), in accordance with paragraph2 below, and decides to terminate the measures imposed in paragraph 4 (a) ofresolution 1267 (1999);
2. Decides that all States shall take the following measures with respect to Usama bin Laden, members of the Al-Qaida organization and the Taliban and other individuals, groups, undertakings and entities associated with them, as referred to inthe list created pursuant to resolutions 1267 (1999) and 1333 (2000) to be updated regularly by the Committee established pursuant to resolution 1267 (1999)hereinafter referred to as “the Committee”;
(a) Freeze without delay the funds and other financial assets or economicresources of these individuals, groups, undertakings and entities, including fundsderived from property owned or controlled, directly or indirectly, by them or bypersons acting on their behalf or at their direction, and ensure that neither these norany other funds, financial assets or economic resources are made available, directlyor indirectly, for such persons’ benefit, by their nationals or by any persons withintheir territory;
(b) Prevent the entry into or the transit through their territories of theseindividuals, provided that nothing in this paragraph shall oblige any State to denyentry into or require the departure from its territories of its own nationals and thisparagraph shall not apply where entry or transit is necessary for the fulfilment of ajudicial process or the Committee determines on a case by case basis only that entryor transit is justified;
(c) Prevent the direct or indirect supply, sale and transfer, to theseindividuals, groups, undertakings and entities from their territories or by their nationals outside their territories, or using their flag vessels or aircraft, of arms and related materiel of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned and technical advice, assistance, or training related to military activities;
3. Decides that the measures referred to in paragraphs 1 and 2 above will be reviewed in 12 months and that at the end of this period the Council will either allow these measures to continue or decide to improve them, in keeping with theprinciples and purposes of this resolution;
4. Recalls the obligation placed upon all Member States to implement infull resolution 1373 (2001), including with regard to any member of the Taliban and the Al-Qaida organization, and any individuals, groups, undertakings and entitiesassociated with the Taliban and the Al-Qaida organization, who have participated inthe financing, planning, facilitating and preparation or perpetration of terrorist actsor in supporting terrorist acts;
5. Requests the Committee to undertake the following tasks and to report on its work to the Council with its observations and recommendations;
(a) to update regularly the list referred to in paragraph 2 above, on the basisof relevant information provided by Member States and regional organizations;
(b) to seek from all States information regarding the action taken by them toimplement effectively the measures referred to in paragraph 2 above, and thereafterto request from them whatever further information the Committee may consider necessary;
(c) to make periodic reports to the Council on information submitted to theCommittee regarding the implementation of this resolution;
(d) to promulgate expeditiously such guidelines and criteria as may benecessary to facilitate the implementation of the measures referred to in paragraph 2above;
(e) to make information it considers relevant, including the list referred to in paragraph 2 above, publicly available through appropriate media;
(f) to cooperate with other relevant Security Council Sanctions Committees and with the Committee established pursuant to paragraph 6 of its resolution 1373(2001);
6. Requests all States to report to the Committee, no later than 90 days fromthe date of adoption of this resolution and thereafter according to a timetable to beproposed by the Committee, on the steps they have taken to implement the measuresreferred to in paragraph 2 above;
7. Urges all States, relevant United Nations bodies, and, as appropriate,other organizations and interested parties to cooperate fully with the Committee and with the Monitoring Group referred to in paragraph 9 below;
8. Urges all States to take immediate steps to enforce and strengthen through legislative enactments or administrative measures, where appropriate, themeasures imposed under domestic laws or regulations against their nationals andother individuals or entities operating on their territory, to prevent and punishviolations of the measures referred to in paragraph 2 of this resolution, and toinform the Committee of the adoption of such measures, and invites States to reportthe results of all related investigations or enforcement actions to the Committeeunless to do so would compromise the investigation or enforcement actions;
9. Requests the Secretary-General to assign the Monitoring Group established pursuant to paragraph 4 (a) of resolution 1363 (2001), whose mandate expires on 19 January 2002, to monitor, for a period of 12 months, the implementation of the measures referred to in paragraph 2 of this resolution;
10. Requests the Monitoring Group to report to the Committee by 31 March2002 and thereafter every 4 months;
11. Decides to remain actively seized of the matter.
Adopted by the Security Council at its 4452nd meeting, on 16 January 2002.
