I. Relevant Security Council resolutions Guidelines of the Committee
The exemptions to the travel ban are provided for by the following:
- Resolution 2255 (2015): paragraph 1(b) and –19-21 and 22(b)
- Committee Guidelines: Section 13
II. What types of travel ban exemptions exist?
- There are two exceptions to the travel ban measure: (1) where entry or transit is necessary for the fulfilment of a judicial process or (2) when an individual travels to his country of nationality;
- Where the Committee decides that entry or transit is justified, including cases which support efforts by the Government of Afghanistan to promote reconciliation or a listed individual has submitted the request through the Focal Point mechanism established pursuant to resolution 1730 (2006).
III. Who is entitled to submit the request for exemptions from the travel ban?
For exemption requests pursuant to paragraph 1(b) of resolution 2255 (2015), the State(s) of destination, the State(s) of transit, the State of nationality, and the State of residence may submit a request through their Permanent Mission to the United Nations. If no effective central government exists in the country in which the listed individual is located, a United Nations office or agency in that country may submit the request for exemption on the listed individual’s behalf.
Pursuant to paragraph 19 of resolution 2255 (205), the Government of Afghanistan, in close coordination with the High Peace Council, may submit a request for those individuals for whom it confirms travel to such specified location or locations is necessary to participate in meetings in support of peace and reconciliation.
Pursuant to paragraph 22(b) of resolution 2255 (2015), individuals listed on the 1988 Sanctions List may submit requests for exemption from the travel ban through the Focal Point mechanism established pursuant to resolution 1730 (2006). Further information on how to submit a travel ban exemption request through the Focal Point process can be found here.
IV. What should be included in the request for exemption from the travel ban pursuant to paragraph 1(b) of resolution 2255 (2015)?
Each request must be submitted in writing, and should include the following information:
- the permanent reference number on the 1988 Sanctions List, full name, nationality, passport number or travel document number of the listed individual;
- the purpose of and justification for the proposed travel, with copies of supporting documents, including specific details of meetings or appointments;
- the proposed dates and times of departure and return;
- the complete itinerary and timetable, including for all transit stops;
- details of the mode of transport to be used, including where applicable, record locator, flight numbers and names of vessels;
- all proposed uses of funds or other financial assets or economic resources in connection with the travel. Such funds may only be provided in accordance with the procedures for obtaining an exemption to the assets freeze, which can be found here, and in section 12 of the Guidelines.
Each travel ban exemption request shall be received by the Committee Chair as early as possible but not less than fifteen working days before the date of the proposed travel, except where humanitarian consideration requires a shorter period.
V. What should be included in the request for exemption from the travel ban pursuant to paragraph 19 of resolution 2255 (2015)?
Each request must be submitted in writing, and should include the following information:
- the permanent reference number on the 1988 Sanctions List, full name, nationality, passport number or travel document number of the listed individual;
- the specific location or locations to which each listed individual is expected to travel and their anticipated transit points, if any;
- the period of time, not to exceed nine months, during which listed individuals are expected to travel.
VI. How to make requests for exemptions from the travel ban pursuant to paragraphs 1 (b) and 19 of resolution 2255 (2015)?
Please send the form for exemptions from the travel ban to:
- The Chair of the Committee, His Excellency Mr. José Javier De La Gasca, through the Permanent Mission of Ecuador to the United Nations.
With a copy to:
- The Secretary of the Committee, Mr. Kiho Cha, Email address: SC-1988-Committee@un.org
For further details on travel ban and assets freeze exemption requests by the Government of Afghanistan, please see the link below.
VII. Decision Making of the Committee
Once the Committee has approved a request for exemption from the travel ban, the Secretariat will notify in writing the Government of Afghanistan, (through the national contact point and the Permanent Mission of Afghanistan to the United Nations), the Permanent Missions to the United Nations of the State in which the listed individual is resident, the State of nationality, the State(s) to which the listed individual will be travelling, and any transit State, as well as any United Nations office/agency involved, to inform them of the approved travel, itinerary and timetable.
VIII. Request for an extension of the exemption from the travel ban
Any request for an extension of the exemption is subject to the procedures set out above and need to be received by the Chair in writing, with a revised itinerary, no less than five working days before the expiry of the approved exemption.
IX. Changes to the approved exemption from the travel plan
Any changes to the information provided in the request, including with regard to points of transit, require further consideration by the Committee and need to be received by the Chair no less than three working days prior to the commencement of the travel.
The submitting State (or United Nations office/agency) will inform the Chair immediately and in writing of any change to the departure date for any travel for which the Committee has already issued an exemption.
In cases of emergency evacuation to the nearest appropriate State, including for medical or humanitarian needs or through force majeure, the Committee will determine whether the travel is justified within the provisions of paragraph 1(b) of resolution 2255 (2015), within 24 hours once notified of the name of the listed individual traveller, the reason for travel, the date and time of evacuation, along with transportation details, including transit points and destination. The notifying authority also needs to provide, as soon as possible, a doctor’s or other relevant national official’s note containing as many details as possible of the nature of the emergency and the facility where treatment or other necessary assistance was received by the listed individual without prejudice to respect of medical confidentiality, as well as information regarding the date, time, and mode of travel by which the listed individual returned to his/her country of residence or nationality, and complete details on all expenses in connection with the emergency evacuation.
X. After the travel
Written confirmation of the completion of the travel by the listed individual needs to be provided to the Chair within five working days following the expiry of the exemption by the State (or United Nations office/agency) in which the listed individual has stated he will be resident after completion of the exempted travel.