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Compendium: High Level Review of United Nations Sanctions
25. The Council should conduct a review of all exemptions with respect to
their adequacy, dissemination of information, and implementation, and
standardise exemptions and procedures across regimes, possibly through
an omnibus resolution. Standing exemptions for humanitarian actors
should be adopted.8
26. Each committee should indicate available exemptions in clear and precise
language on the main page of its website, including a simple explanation based on relevant resolutions and committee guidelines concerning: who can apply, how to apply, the documentation required to
substantiate a claim, where to submit the application, and the time for
committee decisions on exemptions.
27. The Council should allow requests for humanitarian exemptions, as well as
communications from listed individuals/entities for all sanctions regimes.
28. Sanctions committees should encourage Member States to inform international law enforcement agencies when an individual is granted an exemption to a travel ban.9
3.
Strategic use of delisting
The Review also considered the strategic dimension of delisting. The purpose of targeted sanctions is both to constrain individuals and entities from
engaging in certain conduct, but also to change behavior contrary to international norms and to deter other actors. As such, it is important that sanctions
are lifted when resolution criteria are met and behavior changes, for example,
abandoning military action and committing to a peaceful negotiated settlement.
There is a strong tendency in the discussion of delisting to presume that
petitioners through either the Ombudsperson or the Focal Point are claiming
that they have been wrongly listed: that is, that neither they nor their conduct
met the resolution criteria. The idea that a petitioner’s claim is instead based
on reform of conduct or change in circumstances is rarely discussed, despite
being specifically envisaged in relation to the Ombudsperson process (Annex
II, paragraph 7 (b) of resolution 2161 (2014) provides for the Ombudsperson
to request from the petitioner a signed statement in which the petitioner
declares that they have no ongoing association with Al-Qaida, or any cell,
affiliate, splinter group, or derivative thereof, and undertakes not to associ8
9
See paragraph 41 of S/RES/2182 (2014)—humanitarian exemptions in the Somalia sanctions regime as a model.
See also section VII.D.2.