Draft UNSCR:

Use of chemical weapons in Syria

The Security Council,

PP1. Recalling the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare, and the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (CWC) ratified by the Syrian Arab Republic on 14 September 2013, and the Council’s resolutions 1540 (2004), 2118 (2013), 2209 (2015), and 2235 (2015), (from PP1, UNSCR 2209 but added reference to 2235)

PP2. Reaffirming its strong commitment to the sovereignty, independence and territorial integrity of the Syrian Arab Republic, (PP2 UNSCR 2118)

PP3. Condemning again in the strongest terms any use of toxic chemicals as a weapon in the Syrian Arab Republic, and reaffirming that the use of chemical weapons constitutes a serious violation of international law, (PP3 and 4, UNSCR 2235)

PP4. Recalling its determination to identify those parties in Syria responsible for the use of any chemical weapons in the Syrian Arab Republic, and recalling also the establishment of the Organization for the Prohibition of Chemical Weapons (OPCW) – United Nations Joint Investigative Mechanism (JIM) to identify to the greatest extent feasible individuals, entities, groups, or governments who were perpetrators, organisers, sponsors or otherwise involved in the use of chemical weapons, including chlorine or any other toxic chemical, in the Syrian Arab Republic where the OPCW Fact-Finding Mission (FFM) determines or has determined that a specific incident in the Syrian Arab Republic involved or likely involved the use of chemicals as weapons, (OP4 and 5, UNSCR 2235)

PP5. Recalling the report of the Director-General of the OPCW dated 6 July 2016 (EC-82/DG.18), and recalling also the decision of the Executive Council of the OPCW dated 11 November 2016 (EC-83/DEC.5) condemning in the strongest possible terms the use of chemical weapons in the Syrian Arab Republic and expressing its strong conviction that every actor involved in these chemical weapons attacks should be held accountable,

PP6. Stressing that those responsible for any use of chemical weapons must be held accountable,

(PP8 UNSCR 2118)

PP7. Recalling that in resolution 2118 (2013) the Council underscored that no party in Syria should use, develop, produce, acquire, stockpile, retain or transfer chemical weapons,

(PP2, UNSCR 2209)

PP8. Recalling the decisions taken by the Security Council in resolutions 2118 (2013) and 2209 (2015) that in the event of future non-compliance with resolution 2118 (2013) to impose measures under Chapter VII of the United Nations Charter; (OP7, UNSCR 2209)

PP9. Recalling that, in its resolution 2118 (2013), it decided that the Syrian Arab Republic and all parties in Syria shall cooperate fully with the OPCW and the United Nations, including by complying with their relevant recommendations,

(PP9, UNSCR 2235; OP7, UNSCR 2118)

PP10. Noting that immediately after the JIM’s establishment there was a decrease in the number of allegations of use of chemicals as weapons in the Syrian Arab Republic, noting also that such allegations have continued during the course of the JIM’s mandate, and stressing its outrage that individuals continue to be killed and injured by the use of any toxic chemical as a chemical weapon in the Syrian Arab Republic,

(JIM report paragraph 80; PP3 UNSCR 2235)

PP11. Welcoming the unanimous adoption of Resolution 2319 (2016) which extended the mandate of the JIM for one additional year,

PP12. Reaffirming its determination that the use of chemical weapons anywhere constitutes a threat to international peace and security, (OP 1 UNSCR 2118)

PP13. Acting under Chapter VII of the Charter of the United Nations, and taking measures under its Article 41,

Operative paragraphs

OP1. Takes note of the third and fourth reports of the JIM (S/2016/738 and S/2016/888), and in particular the third report’s findings that there is sufficient information to reach a conclusion on the actors involved in the cases of Talmenes (21 April 2014), Sarmin (16 March 2015) and Marea (21 August 2015), and the fourth report’s finding that there is sufficient information to reach a conclusion on the actors involved in the case of Qmenas (16 March 2015), and in light of these findings concludes that resolution 2118 (2013) has been violated;

OP2. Expresses grave concern about the JIM’s findings in its third and fourth reports, and condemns in the strongest terms the use of chemical weapons in the Syrian Arab Republic by the Syrian Arab Armed Forces and the Islamic State in Iraq and the Levant (ISIL, also known as "Daesh"), who have been identified by the OPCW-UN JIM as having been perpetrators, organizers, sponsors, or otherwise involved in the use of chemical weapons in the Syrian Arab Republic;

OP3. Affirms its strong condemnation of the use of chemical weapons by the Syrian authorities, and ISIL or any other party, in violation of international law, in the course of the ongoing conflict in the Syrian Arab Republic since March 2011;

OP4. Expresses its strong conviction that those individuals responsible for the use of chemical weapons in the Syrian Arab Republic should be thoroughly investigated, and prosecuted, as appropriate, before a competent tribunal which is both independent and impartial and calls for all parties in Syria to cease any use of toxic chemicals as weapons immediately and permanently; (first clause from OP 15 UNSCR 2118)

End CW use/fully declare all CW

OP5. Expresses grave concern that the OPCW Technical Secretariat, as reported by the Director-General (EC-82/DG.18 dated 6 July 2016), is not able to resolve all identified gaps, inconsistencies and discrepancies in Syria’s declaration, and therefore cannot fully verify that Syria has submitted a declaration that can be considered accurate and complete in accordance with the CWC or OPCW Executive Council decision EC-M-33/DEC.1 dated 27 September 2013 or resolution 2118 (2013), and calls upon the Syrian Arab Republic to comply fully with all its consequent obligations, including, the expeditious resolution of all outstanding issues regarding its initial declaration and related disclosures;

OP6. Recalls that in resolution 2118 (2013), the Council decided that the Syrian Arab Republic shall comply with all aspects of the decision of the OPCW Executive Council of 27 September 2013 (Annex I to resolution 2118), further recalls paragraph 1 of Annex I to resolution 2118 (2013), decides that the Syrian Arab Republic shall within 30 days declare and place under OPCW supervision and control all chemical weapons as defined in paragraph 1 of Article II of the CWC that the Syrian Arab Republic owns or possesses, or has under its jurisdiction or control, and which it has not so far declared to the OPCW, including:

a) The chemical name and military designator of any chemical which is not specifically held for purposes not prohibited in accordance with Paragraph 9 of Article II of the CWC, that are located, as of the day of adoption of this resolution, on the facilities of the Syrian Arab Armed Forces;

b) The specific type of any munitions and devices it holds which are capable of deploying chemical weapons, including those which have been adapted or are intended to be adapted for delivery of chlorine, and including specific quantities or each type that are filled and unfilled; and

c) The location of any remaining chemical weapons, chemical weapons storage facilities, chemical weapons production facilities and chemical weapons research and development facilities, including sites where chlorine and associated munitions and devices are stored.

and requests that the OPCW take appropriate action, in accordance with its mandate, to implement the decisions set forth in this paragraph.

ISIL Responsibility

OP7. Remains gravely concerned by the threat of terrorism and the risk that non-State actors may acquire, develop, traffic in or use nuclear, chemical, and biological weapons and their means of delivery, especially in the Middle East region;

OP8. Expresses grave concern that ISIL, a terrorist group responsible for a range of serious violations of international law, has used chemical weapons, in breach of principles set out in Resolution 1540 (2004) regarding use of and access to weapons of mass destruction by non-state actors;

OP9. Affirms the measures imposed against ISIL in resolution 2253 (2015), in particular the obligation on all States to ensure that no funds, financial assets, economic resources or arms, including those listed in document S/2016/xxxx control list, are made available, directly or indirectly, for its benefit, by their nationals or by persons within their territory, and, in light of the findings of the OPCW-UN JIM, urges all States to redouble their efforts to implement fully and completely the relevant measures so as to prevent ISIL from using chemical weapons in the future;

New Sanctions Committee

OP10. Decides to establish, in accordance with rule 28 of its provisional rules of procedure, a Committee of the Security Council consisting of all the members of the Council (herein “the Committee”), to undertake the following tasks:

a) to monitor implementation of the measures imposed in this resolution;

b) to designate individuals to be subject to the measures imposed by paragraph X of this resolution [the travel ban] and to consider requests for exemptions in accordance with paragraph X of this resolution [the travel ban exemptions];

c) to designate individuals, groups and entities to be subject to the measures imposed by paragraph X of this resolution [the asset freeze] and to consider requests for exemptions in accordance with paragraph X of this resolution [the asset freeze exemptions];

d) to establish such guidelines as may be necessary to facilitate the implementation of the measures imposed in this resolution;

e) to report within 30 days to the Security Council on its work and every 90 days thereafter, as well as on the implementation of this resolution with its observations and recommendations, in particular ways to strengthen the effectiveness of the measures;

f) to encourage a dialogue between the Committee and interested States, in particular those in the region, including by inviting representatives of such States to meet with the Committee to discuss implementation of the measures;

g) to seek from all States whatever information it may consider useful regarding the actions taken by them to implement effectively the measures imposed in this resolution;

h) to examine and take appropriate action on information regarding alleged violations or non-compliance with the measures contained in this resolution, with a view to ensuring consequences for all violations of the relevant measures;

OP11. Calls upon all States to report to the Committee within 90 days of the adoption of this resolution on the steps they have taken to implement the measures imposed in this resolution;

Sanctions – Designation Criteria

OP12. Decides that the measures in paragraph X of this resolution [asset freeze] shall apply to the individuals and entities in Annex 1 of this resolution, and the individuals and entities designated for such measures by the Committee, and that the measures in paragraph X of this resolution [travel ban] shall apply to the individuals designated in Annex 1 of this resolution and the individuals designated for such measures by the Committee, as:

a) responsible for, engaged in or otherwise involved in the use, transfer, acquisition, proliferation, development, manufacture or production of chemical weapons in the Syrian Arab Republic;

b) involved in or complicit in ordering, controlling, authorizing, or otherwise directing the evasion of the measures imposed in this resolution or resolution 2118 (2013); or

c) acting for on behalf of or at the direction of, being owned or controlled by, providing financial, logistical, or other support to, or being associated with, the individuals or entities identified in this paragraph;

OP13. Encourages Member States to submit to the Committee names of individuals and entities who meet the criteria set out in paragraph X of this resolution [the designation criteria];

Sanctions – Asset Freeze

OP14. Decides that all Member States shall freeze without delay all funds, other financial assets and economic resources in their territories at the date of adoption of this resolution or any time thereafter, which are owned or controlled, directly or indirectly, by the individuals and entities listed in the Annex to this resolution or 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, including through illicit means, and decides further that all Member States shall 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 the individuals or entities listed in Annex 1 to this resolution or individuals or entities designated by the Committee, or individuals or entities which are owned or controlled, directly or indirectly, by those individuals or entities so listed or designated or acting on their behalf or at their direction.

OP15. Decides that the measures imposed by paragraph X of this resolution [the asset freeze] do not apply to funds, other financial assets or economic resources that have been determined by relevant Member States:

a) to be necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges or exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services, in accordance with national laws, or fees or service charges, , for routine holding or maintenance of frozen funds, other financial assets and economic resources, after notification by the relevant Member State to the Committee of the intention to authorize, where appropriate, access to such funds, other financial assets or economic resources and in the absence of a negative decision by the Committee within five working days of such notification;

b) to be necessary for extraordinary expenses, provided that such determination has been notified by the relevant Member State or Member States to the Committee and has been approved by the Committee; or

c. to be the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered into prior to the date of the present resolution, is not for the benefit of an individual or entity designated pursuant to [the designation criteria], and has been notified by the relevant Member State or Member States to the Committee;

OP16. Decides that Member States may permit the addition to accounts frozen pursuant to the provisions of paragraph X of this resolution [the asset freeze] of interest or other earnings due on those accounts or payments due under contracts, agreements or obligations that arose prior to the date on which those accounts became subject to the provisions of this resolution, provided that any such interest, other earnings and payments continue to be subject to these provisions and are frozen;

OP17. Decides that the measures in paragraph X of this resolution [the asset freeze] shall not prevent a designated individual, or entity from making payment due under a contract entered into prior to the listing of such an individual or entity, provided that the relevant States(s) have determined that the contract is not related to any items whose transfer is prohibited by this resolution and the payment is not directly or indirectly received by a individual or entity designated pursuant to paragraph X of this resolution [the asset freeze], and after notification by the relevant States to the Committee of the intention to make or receive such payments or to authorize, where appropriate, the unfreezing of funds, other financial assets or economic resources for this purpose, 10 working days prior to such authorization;

Sanctions – Travel Ban

OP18. Decides that all Member States shall take the necessary measures to prevent the entry into or transit through their territories of individuals listed in the Annex 1 to this resolution or designated by the Committee, provided that nothing in this paragraph shall oblige a State to refuse its own nationals entry into its territory;

OP19. Decides that the measures imposed by paragraph X of this resolution shall not apply:

a) where the Committee determines on a case-by-case basis that such travel is justified on the grounds of humanitarian need, including religious obligation; or

b) where entry or transit is necessary for the fulfillment of a judicial process; or

c) where the Committee determines on a case-by-case basis that an exemption would further the objectives of peace and national reconciliation in Syria and stability in the region;

Sanctions – Targeted CW List and Arms Embargo

OP20. Decides that all States shall take the necessary measures to prevent the direct or indirect supply, sale or transfer to, or for the benefit of, the individuals or entities listed in Annex 1 of this resolution or individuals or entities designated by the Committee, or individuals or entities acting on their behalf or at their direction, or by entities owned or controlled by them, from or through their territories or by their nationals or individuals subject to their jurisdiction, or using their flag vessels or aircraft, whether or not originating in their territories, of chlorine or of the items specified in the Schedules to the CWC and in the list in document S/2016/xxxx, and of all arms and related materiel used to deliver chemicals as weapons, and decides also that this provision shall apply with respect to financial transactions, technical training, advice, services or assistance related to the provision, manufacture, maintenance or use of such items and of arms and related materiel;

OP21. Decides that the measures imposed in paragraph X of this resolution [targeted CBW and arms embargo] shall not apply to the supply, sale or transfer of items that the Committee approves in advance on a case-by-case basis;

Sanctions – Helicopters

OP22. Decides that all Member States shall prevent the direct or indirect supply, sale or transfer to the armed forces, ministries, agencies, entities and other individuals under the control or authority of the Government of the Syrian Arab Republic, through their territories or by these entities and individuals, or using their flag vessels or aircraft, and whether or not originating in territory that they control, of any helicopters, or related materiel including spare parts, as specified in Annex 2 of this resolution, or other items related to the use of helicopters as determined by the Security Council or the Committee established by paragraph X [the Committee];

OP 23. Decides that the measures in OP21 shall not apply to any helicopters or related material including spare parts that the Committee determines, on a case-by-case basis, are necessary for the safe operation of civilian helicopters or would otherwise further the objectives of this resolution;

Panel of Experts

OP24. Requests the Secretary-General to create for an initial period until 1 January 2018 [13 months], in consultation with the Committee, a group of up to six experts ("Panel of Experts"), , and to make the necessary financial and security arrangements to support the work of the Panel, under the direction of the Committee to carry out the following tasks:

a) assist the Committee in carrying out its mandate as specified in paragraph X above;

b) gather, examine and analyze information regarding the implementation of the measures in paragraphs X, X, and X of this resolution, in particular incidents of non-compliance;

c) make recommendations on actions that the Council, the Committee or States may consider taking to improve implementation of the relevant measures;

d) provide to the Council an interim report on its work no later than six months after the Panel’s appointment, and a final report to the Council no later than 1 November 2017 with its findings and recommendations;

OP25. Expresses its intent to review the mandate of the Committee and of the Panel of Experts and take appropriate action regarding further extension no later than 1 December 2017 [12 months];

OP26. Urges all States, relevant United Nations bodies and other interested parties, to cooperate fully with the Committee and the Panel of Experts, in particular by supplying any information at their disposal on the implementation of the measures imposed in this resolution, in particular incidents of non-compliance;

OP27. Directs the Committee and the Panel of Experts to cooperate closely with other Security Council Sanctions Committees and their respective United Nations sanctions expert monitoring panels, in particular the Analytical Support and Sanctions Monitoring Team established pursuant to resolutions 1526 (2004) and 2253 (2015), the Technical Secretariat of the OPCW, and the members of the JIM, to cooperate and share information with each other regarding compliance with United Nations sanctions that relate to the use of toxic chemicals as weapons;

Additional Provisions

OP28. Emphasizes the importance of all States, including Syria, taking the necessary measures to ensure that no claim shall lie at the instance of the Syrian authorities, any individual or entity in Syria, any individual or entity designated for the measures set forth in this resolution, or any individual or entity claiming through or for the benefit of any such individual or entity, in connection with any contract or other transaction where its performance was affected by reason of the measures taken by this resolution and related resolutions;

OP29. Directs the 1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee to continue to review proposals for designation of individuals and entities in Syria who meet the relevant designation criteria of being associated with ISIL, al-Nusrah Front, al-Qaeda, or associated individuals, groups, undertakings, and entities;

OP30. Emphasizes the importance of all relevant States and international organizations retaining and preserving information regarding the use of chemical weapons in Syria so that it may be made available for use in future investigations and judicial proceedings;

OP31. Expresses its intent to review additional options to ensure accountability for perpetrators, organizers, sponsors, or persons or entities otherwise involved in the use of chemical weapons in the Syrian Arab Republic;

Commitment to Review

OP32. Reaffirms its intention to keep the situation in the Syrian Arab Republic under continuous review and underlines its readiness to review at any time the measures imposed by this resolution, including by strengthening, suspending or lifting those measures, as appropriate;

Reporting

OP33. Requests the Secretary-General to report on implementation of this resolution within 30 days of its adoption and every 60 days thereafter;

OP34. Decides to remain actively seized of the matter.