INTERPOL-UN Security Council Special Notice

Being Named in an INTERPOL-UN Special Notice Can Have Immediate Consequences and Pose Significant Legal Risks

Individuals and entities subject to UN Security Council sanctions may be subject to detention in (and extradition from) INTERPOL and UN member states. INTERPOL-UN Security Council Special Notices are used to facilitate coordination between local and national law enforcement agencies for purposes of enforcing sanctions and pursuing arrests and extradition.

Attorney Nick OberheidenInternational Litigation Team Lead

UN Security Council Committees have the authority to impose international sanctions on individuals and entities subject to the jurisdiction of the United Nations’ member countries. After imposing sanctions, UN Sanctions Committees can issue INTERPOL-UN Security Council Special Notices to facilitate detention, extradition, and prosecution.

As a result, there are significant risks involved in being named in a Special Notice. INTERPOL and UN member countries both receive notification when Special Notices are issued, and law enforcement agencies in member countries can execute warrants, arrests, and other means of enforcement in accordance with domestic and international law. These, in turn, can expose targeted individuals and entities to serious consequences—including substantial fines and imprisonment in many cases.

About INTERPOL-United Nations Security Council Special Notices

INTERPOL-United Nations Security Council Special Notices are tools that UN and INTERPOL member countries use to enforce existing sanctions and, in many cases, pursue criminal prosecution. As INTERPOL explains:

“The INTERPOL-United Nations Security Council Special Notice combines the UN sanctions regime with INTERPOL’s well-established notice system into an effective law enforcement tool. [Special Notices are] issued for individuals and entities that are subject to sanctions imposed by the United Nations Security Council. . . . Special Notices contain information that identifies the individual or entity, and explains the relevant sanctions; this assists law enforcement officers to take appropriate action in accordance with their national laws.”

A Special Notice can indicate that an individual or entity is subject to one or more of three types of UN sanctions. These are:

Arms Embargos – A UN arms embargo prevents, “the direct or indirect supply, sale, or transfer of arms and related materials,” to the sanctioned party. Arms embargos can apply wholesale, or they can restrict the supply, sale, or transfer of certain specific types of weapons or technology. While some arms embargos are issued in response to threats of mass destruction and other global threats, they can be issued in relation to less significant concerns as well.
Asset Freezes – Asset freezes prevent access to, or use of, a sanctioned party’s physical or financial assets. An asset freeze will not necessarily result in seizure or confiscation; however, financial institutions and other parties can face serious consequences for failing to comply with UN-imposed asset freezes—similar to freezes imposed by the U.S. Office of Foreign Assets Control (OFAC) and other governmental authorities.
Travel Bans – UN travel bans prevent sanctioned individuals from entering or transiting through member countries. While the UN makes clear that, “[t]here is no requirement to arrest or prosecute these individuals,” individuals who are subject to UN travel bans may be at risk of facing a provisional arrest and eventual extradition.

The UN imposes sanctions in response to alleged human rights violations, illicit cross-border financial transactions, threats to international peace and international security (including terrorist activities), and other serious violations of international law. Sanctions notifications play a critical role in cooperative law enforcement between UN and INTERPOL member nations, and individuals and entities that have been named in INTERPOL-UN Security Council Special Notices must be careful to protect themselves by all means available.

We Provide Legal Assistance for Individuals Named in INTERPOL-UN Security Council Special Notices

Our law firm provides a full range of legal services for individuals and entities named in INTERPOL-UN Security Council Special Notices. We represent individuals and entities in the United States and abroad that are identified on UN sanctions lists—as well as individuals and entities that have been named in INTERPOL Red Notices and other operational tools used for facilitating international law enforcement in participating countries.

UN Security Council resolutions (UNSC resolutions) allow for enforcement of sanctions through various means. If a sanctioned person or entity is located in or operating within a UN member country, law enforcement authorities in the country have the ability to take specific measures to assist with enforcement. INTERPOL’s cooperation plays a key role as well; and, when facing sanctions within the UN-INTERPOL coordinated regime, targeted individuals and entities can face substantial risks if they do not defend themselves effectively.

Our legal services for individuals and entities listed in UN and INTERPOL databases include:

Seeking Delisting with the UN Security Council Ombudsperson

Individuals and entities named in INTERPOL-UN Security Council Special Notices can seek removal (or delisting) through the UN Security Council Ombudsperson. The Ombudsperson process has a 29% success rate for delisting, and the process can take anywhere from 18 months to several years. Since UN Special Notices remain active until formally removed by the Security Council, eligible individuals and entities should start the process promptly.

Challenging an INTERPOL-UN Security Council Special Notice generally requires evidence that the notice contains, or was based on, inaccurate information or an inaccurate interpretation of international law or UN rules. Our lawyers can determine if you have grounds to pursue removal; and, if so, we can navigate the process on your behalf.

Dealing with Banks and Other Parties

As a general rule, when a UN Special Notice imposes an asset freeze, banks must block financial transactions related to an individual or entity that is under UN sanctions without prior notice. Various other parties may need to comply with asset freezes as well. This can pose substantial challenges for UN-sanctioned parties. Our lawyers can assist with dealing with banks and other parties in this scenario.

International Travel, Entry, and Related Issues

Along with asset freezes, UN Special Notices may impose travel bans as well. This, too, can pose substantial challenges for sanctioned parties. From providing assistance with international travel to dealing with national and local authorities in UN and INTERPOL member countries, our lawyers can provide assistance in this scenario as well.

International Criminal Defense

We also provide international criminal defense representation for parties that are subject to UN sanctions and INTERPOL notices. Parties that have been sanctioned by the UN or identified in INTERPOL notices can face substantial law enforcement risks in member countries around the world. From fighting extradition to fighting criminal charges, our law firm has the experience, resources, and capabilities required to defend clients worldwide.

FAQs: What Targeted Individuals Need to Know About INTERPOL-UN Special Notices

What is a UN Sanctions Committee? What authority do these Sanctions Committees have?

A UN Sanctions Committee is a body within the United Nations that has the authority to impose sanctions in accordance with international law. Sanctions Committees often cooperate with INTERPOL to enforce arms embargos, asset freezes, and travel bans, and they can issue INTERPOL-UN Special Notices to inform member countries that these sanctions have been imposed.

What is the UN Security Council Consolidated List?

The UN Security Council Consolidated List is a global register of individuals and entities that are subject to UN sanctions. If an individual or entity is named on the Security Council’s Consolidated List, the individual or entity may also be named in an INTERPOL-UN Security Council Special Notice.

How does an INTERPOL-UN Security Council Special Notice differ from an INTERPOL Red Notice?

While an INTERPOL-UN Security Council Special Notice indicates that sanctions have already been imposed, an INTERPOL Red Notice indicates that a party is wanted for prosecution. The primary purpose of a Special Notice is to enforce an asset freeze, travel ban, or arms embargo. A Red Notice itself is not an international arrest warrant; however, designated individuals are at risk of being provisionally arrested pending extradition once a Red Notice has been issued.

The UN issued a press release stating that I have been named in an INTERPOL-UN Security Council Special Notice—what should I do?

If you have been named in an INTERPOL-UN Security Council Special Notice, you should consult with experienced legal counsel promptly. Not only does this mean that you are facing UN sanctions, but it also means that UN member countries have been notified of the sanctions imposed. As a result, you need to be extremely careful to protect yourself in this scenario.

How can an INTERPOL lawyer help if I have been named in a Special Notice from the UN and INTERPOL?

There are several ways an INTERPOL lawyer at our firm can help if you have been named in a Special Notice from the UN and INTERPOL. Among other things, our lawyers can explain the risks you are facing, and we can help you implement a strategy for protecting yourself going forward. If warranted, we can also challenge the Special Notice on your behalf; and, if you have been named in a Red Notice as well, we may be able to challenge your Red Notice on various grounds.

Need Legal Help? Contact the Experienced INTERPOL Lawyers at Oberheiden P.C.

To learn more about what our INTERPOL lawyers can do to help, contact us today. Call 888-680-1745 or contact us confidentially online to arrange a free and confidential consultation.

Related Pages:

INTERPOL Defense

Federal Agency International Enforcement

Defense for US Citizens Abroad

Crisis Response & Family Resources