CYIL vol. 10 (2019)

CYIL 10 ȍ2019Ȏ

TEN YEARS AND ONE HUNDRED OF REVIEWS OF THE UNITED NATIONS …

IV. Ombudsperson system in the light of other possibilities of delisting It is always the IDAQ Sanctions Committee who is responsible for the decision on delisting. However, there are three possibilities of how such a decision may be initiated. The first one is the Ombudsperson procedure, the second one is the Member State’s request for delisting, 17 and the third one is the regular review carried out by the Sanctions Committee assisted by the Monitoring Team. In June 2008, the Security Council directed the Sanctions Committee to conduct a review of all names on the Sanctions list by 30 June 2010 and further conduct an annual review of all the names on the list that have not been reviewed in three or more years. 18 Later, this procedure was named the “triennial review process” and was confirmed by the other UN SC resolutions. 19 The annual reports presented by the IDAQ Sanctions Committee to the Security Council enumerate how many individuals and entities were delisted during the reported year and how many delistings were performed through the Ombudsperson system. Table 1 summarizes the information about listings and delistings contained in those reports. It illustrates that a substantial number of delistings of individuals (42%) happened through the Ombudsperson system and that most of delistings of entities (62%) were carried out through the Ombudsperson procedure.

17 Any Member State may request a delisting. The procedure differs based on whether a delisting request is made by a designating State or not. In the first case, the individual or entity in question is delisted after 60 days “ unless the Committee decides by consensus before the end of that 60-day period that the measures shall remain in place with respect to that individual, group, undertaking or entity; provided that, in cases where consensus does not exist, the Chair shall, on the request of a Committee Member, submit the question of whether to delist that individual, group, undertaking or entity to the Security Council for a decision within a period of 60 days”. UNSC 2368 (20 July 2017) UN Doc 2368 (2017), par. 69. In the second situation, the IDAQ Sanctions Committee decides on delisting by consensus. 18 UNSC Res 1822 (30 June 2008) UN Doc 1822 (2008), par. 25, 26. 19 UNSC Res 2253 (17 December 2015) UN Doc 2253 (2015) par. 80 and 82.

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