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IV. Committee decision-making
When the Security Council establishes a sanctions regime, it delegates significant authority to the sanctions committee to take decisions affecting the
scope and application of those measures. The committees’ decision-making
authority affects Member States, as well as individuals and entities, each category giving rise to issues related to strategic impact, efficiency and fairness.
A. Affecting member states
Committees’ responsiveness when making operational decisions affecting
sanctions regimes, such as requests to exempt transactions from sanctions,
are potentially sensitive issues in terms of timeliness and explanations for
negative decisions. The Review heard that, particularly in relation to exemptions under arms embargoes, unexplained committee decisions to refuse
exemptions for arms considered by the focus State to be critical to its security
can lead to frustration and an erosion of the political support for the sanctions regime as a whole.
Committee decision-making affecting States will be more efficient and
less contentious if there is a continuous dialogue as to the scope of and procedure for exemptions between the committee and the affected State. For
example, a committee could consult with a State subject to an arms embargo
to determine in advance which arms and related materiel were permissible
for the State under exemption and clarify the specific categories eligible for
exemption.
19. Sanctions committees should engage with key stakeholders and ensure that
technical and procedural issues are also discussed.