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State Commission for Implementation of United Nations Security Council resolutions

The Security Council of the United Nations (hereinafter - UN) extends sanctions against specific situations, cases and states by means of resolutions adopted on the basis of Chapter VII of the UN Charter. The purpose of the above-mentioned sanctions is, among others, to prevent, detect and eliminate the harmful consequences caused by the financing of terrorism and proliferation of weapons of mass destruction. Resolutions adopted on the basis of Chapter VII of the UN Charter are binding on UN member states. Thus, with the same resolutions, the UN Security Council establishes the relevant sanctions committee, which ensures the management of the process of sanctioning a specific individual and/or legal entity and the supervision of the process of fulfillment of the obligations defined by the resolution by the states.

In order to implement the resolutions adopted by the UN Security Council on the issue of financing of terrorism and the spread of weapons of mass destruction, on the basis of Chapter VII of the UN Charter, by the resolution of the Government of Georgia N487 on December 21, 2011, the State Commission for Implementation of the Resolutions of the United Nations Security Council (hereinafter - the State Commission) was established. The Ministry of Justice of Georgia is the chairing agency of the State Commission, and the International Public Law Department of the Ministry of Justice performs the functions of the secretariat of the State Commission.

The State Commission is the main contact body in Georgia for the UN Sanctions Committees and other structures in the implementation of measures for the prevention, detection and suppression of the financing of terrorism and the financing of the proliferation of weapons of mass destruction. Accordingly, the State Commission, in parallel with the cooperation with the relevant structures of the United Nations, together with the working group created within its framework, functions in two main directions: the coordination of the implementation of the changes implemented in the respective sanctions lists by the committees established by the United Nations Security Council at the national level and in accordance with the obligation assumed by the United Nations Security Council Resolution 1373 (2001) , formation of the national list of persons in contact with terrorism or financing of terrorism.

As a result of the change in the list of sanctioned persons defined by the UN Security Council, three types of sanctions are applied to individuals and legal entities included in the list: a) freezing of assets, b) restriction of freedom of movement and c) arms embargo. The first of the above, the freezing of the sanctioned person's property, means the freezing of all goods or intangible property belonging directly or indirectly to the sanctioned person and the income received from them. Taking into account that the resolutions adopted on the basis of Chapter VII of the UN Charter are binding on the UN member states, according to the current legal regulation, the change made to the list of sanctioned persons becomes directly effective and binding upon publication on the official website of the UN Sanctions Committees.

In addition, the State Commission, together with the working group operating within its framework, supervises the import and/or export of products subject to export and import control in Georgia by persons related to terrorism and other persons defined by the resolutions of the United Nations Security Council, and also supervises the activities and free movement of persons related to terrorism and other persons defined by the resolutions of the United Nations.

The second main direction of the functioning of the State Commission is related to the obligation defined by the UN Security Council Resolution 1373 (2001) for states to form a national list of persons related to the crime of terrorism and/or terrorism financing. In particular, the State Commission makes a decision on the issue of including a person in the national list of persons related to terrorism and/or terrorism financing and freezing his/her property, based on the appeal of the competent body of Georgia or another state, based on the standard of reasonable assumption.