Implementation of Charter Provisions Related to Assistance to Third States Affected by the Application of Sanctions, G.A. res. 50/51, U.N. Doc. A/RES/50/51 (1995).


 
     The General Assembly,
 
     Concerned with the special economic problems confronting certain States
arising from the carrying out of preventive or enforcement measures taken by
the Security Council against other States, and taking into account the
obligation of Members of the United Nations under Article 49 of the Charter of
the United Nations to join in affording mutual assistance in carrying out the
measures decided upon by the Security Council,
 
     Recalling the right of third States confronted with special economic
problems of that nature to consult the Security Council with regard to a
solution to those problems, in accordance with Article 50 of the Charter,
 
     Recalling also the 1994 and 1995 reports of the Special Committee on the
Charter of the United Nations and on the Strengthening of the Role of the
Organization containing sections on the consideration by the Committee of the
proposals presented on the question of the implementation of the provisions of
the Charter of the United Nations related to assistance to third States
affected by the application of sanctions under Chapter VII of the Charter,
 
     Recalling further:
 
     (a)  The report of the Secretary-General, entitled "An Agenda for Peace",
in particular paragraph 41 thereof;
 
     (b)  Its resolutions 47/120 A of 18 December 1992, entitled "An Agenda
for Peace:  preventive diplomacy and related matters", and 47/120 B of 20
September 1993, entitled "An Agenda for Peace", in particular section IV
thereof, entitled "Special economic problems arising from the implementation
of preventive or enforcement measures";
 
     (c)  The position paper of the Secretary-General, entitled "Supplement to
An Agenda for Peace";
 
     (d)  The statement of the President of the Security Council of 22
February 1995;
 
     (e)  The report of the Secretary-General prepared pursuant to the note by
the President of the Security Council regarding the question of special
economic problems of States as a result of sanctions imposed under Chapter VII
of the Charter of the United Nations;
 
     (f)  The reports of the Secretary-General on "Economic assistance to
States affected by the implementation of the Security Council resolutions
imposing sanctions against the Federal Republic of Yugoslavia (Serbia and
Montenegro)",
 
     Taking note of the report of the Secretary-General on the implementation
of the provisions of the Charter related to assistance to third States
affected by the application of sanctions under Chapter VII of the Charter,
 
     Recalling that the question of assistance to third States affected by the
application of sanctions has been addressed recently in several forums,
including the General Assembly and its subsidiary organs and the Security
Council, 
 
     Recalling also the Security Council's intention expressed in the
statement of the President of the Security Council of 16 December 1994 as part
of the Council's effort to improve the flow of information and the exchange of
ideas between members of the Council and other States Members of the United
Nations that there should be increased recourse to open meetings, in
particular at an early stage in its consideration of a subject,
 
     Stressing that in the formulation of sanctions regimes, due account
should be taken of the potential effects of sanctions on third States,
 
     Stressing also in this context the powers of the Security Council under
Chapter VII of the Charter and the Council's principal responsibility under
Article 24 of the Charter for the maintenance of international peace and
security in order to ensure prompt and effective action by the United Nations,
 
     Recalling that, under Article 31 of the Charter, any Member of the United
Nations which is not a member of the Security Council may participate, without
vote, in the discussion of any question brought before the Security Council
whenever the latter considers that the interests of that Member are specially
affected,
 
     Recognizing that assistance to third States affected by the application
of sanctions would further contribute to an effective and comprehensive
approach by the international community to mandatory sanctions imposed by the
Security Council,
 
     Recognizing also the importance of taking into account in international
mechanisms of cooperation and of economic and financial assistance special
economic problems of States arising from the implementation of sanctions
imposed under Chapter VII of the Charter,
 
     1.   Underlines the importance of consultations under Article 50 of the
Charter of the United Nations, as early as possible, with third States which
may be confronted with special economic problems arising from the carrying out
of preventive or enforcement measures imposed by the Security Council under
Chapter VII of the Charter and of early and regular assessments, as
appropriate, of their impact on such States, and, for this purpose, invites
the Security Council to consider appropriate ways and means for increasing the
effectiveness of its working methods and procedures applied in the
consideration of the requests by the affected countries for assistance, in the
context of Article 50;
 
     2.   Welcomes the measures taken by the Security Council aimed at
increasing the effectiveness and transparency of the sanctions committees, and
strongly recommends that the Council continue its efforts further to enhance
the functioning of those committees, to streamline their working procedures
and to facilitate access to them by representatives of States which find
themselves confronted with special economic problems arising from the carrying
out of sanctions;
 
     3.   Requests the Secretary-General, within existing resources, to ensure
that the Security Council and its sanctions committees are able to carry out
their work expeditiously, and to make appropriate arrangements in the relevant
parts of the Secretariat, in order to carry out, in a coordinated way, the
following functions:
 
     (a)  To collate, assess and analyse information, at the request of the
Security Council and its organs, on the effects of sanctions regimes in third
States which are or may be specially affected by the implementations of
sanctions and the resulting needs of such States, and keep the Security
Council and its organs informed;
 
     (b)  To provide advice to the Security Council and its organs at their
request on specific needs or problems of those third States and present
possible options so that, while maintaining the effectiveness of the sanctions
regimes, appropriate adjustments may be made to the administration of the
regime or the regime itself with a view to mitigating the adverse effects on
such States;
 
     (c)  To collate and coordinate information about international assistance
available to third States affected by the implementations of sanctions and to
make it officially available to the interested member States;
 
     (d)  To explore innovative and practical measures of assistance to the
affected third States through cooperation with relevant institutions and
organizations inside and outside the United Nations system;
 
     4.   Requests the Secretary-General to report to the General Assembly, at
its fifty-first session, on the implementation of paragraph 3 above and on
possible guidelines which might be adopted on technical procedures to be used
by the appropriate parts of the Secretariat:
 
     (a)  For providing better information and early assessments for the
Security Council and its organs about the actual or potential effects of
sanctions on third States which invoke Article 50 of the Charter;
 
     (b)  For developing a possible methodology for assessing the consequences
actually incurred by third States as a result of the implementation of
preventive or enforcement measures;
 
     (c)  For coordination of information about international economic or
other assistance potentially available to those third States;
 
     5.   Stresses the important role of the General Assembly, the Economic
and Social Council and the Committee for Programme and Coordination in
mobilizing and monitoring, as appropriate, the economic assistance efforts by
the international community and the United Nations system to States confronted
with special economic problems arising from the carrying out of preventive or
enforcement measures imposed by the Security Council;
 
     6.   Invites the organizations of the United Nations system,
international financial institutions, other international organizations,
regional organizations and Member States to continue to take into account and
to address more specifically and directly, where appropriate, special economic
problems of third States affected by sanctions imposed under Chapter VII of
the Charter and, for this purpose, to consider ways and means for improving
procedures for consultations in order to maintain a constructive dialogue with
such States, including through regular and frequent meetings as well as, where
appropriate, special meetings between the affected third States and the donor
community, with the participation of United Nations agencies and other
international organizations;
 
     7.   Requests the Special Committee on the Charter of the United Nations
and on the Strengthening of the Role of the Organization, at its session in
1996, to continue to consider on a priority basis the question of the
implementation of the provisions of the Charter related to assistance to third
States affected by the application of sanctions under Chapter VII of the
Charter taking into consideration the report of the Secretary-General, the
proposals presented on this subject, the debate on this question which took
place in the Sixth Committee at the fiftieth session of the General Assembly
and, in particular, the implementation of the provisions of the present
resolution.
      

 

 



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