               United Nations                                                                 S/RES/2125 (2013)
               Security Council                                               Distr.: General
                                                                              18 November 2013




               Resolution 2125 (2013)
               Adopted by the Security Council at its 7061st meeting, on
               18 November 2013

                    The Security Council,
                    Recalling its previous resolutions concerning the situation in Somalia,
               especially resolutions 1814 (2008), 1816 (2008), 1838 (2008), 1844 (2008), 1846
               (2008), 1851 (2008), 1897 (2009), 1918 (2010), 1950 (2010), 1976 (2011), 2015
               (2011), 2020 (2011) and 2077 (2012), as well as the Statement of its President
               (S/PRST/2010/16) of 25 August 2010 and (S/PRST/2012/24) of 19 November 2012,
                     Welcoming the report of the Secretary-General (S/2013/623), as requested by
               resolution 2077 (2012), on the implementation of that resolution and on the situation
               with respect to piracy and armed robbery at sea off the coast of Somalia,
                    Reaffirming its respect for the sovereignty, territorial integrity, political
               independence and unity of Somalia, including Somalia’s sovereign rights in
               accordance with international law, with respect to offshore natural resources,
               including fisheries,
                     While welcoming the significant decrease in reported incidents of piracy off
               the coast of Somalia, which are at the lowest level since 2006, continuing to be
               gravely concerned by the on-going threat that piracy and armed robbery at sea pose
               to the prompt, safe, and effective delivery of humanitarian aid to Somalia and the
               region, to the safety of seafarers and other persons, to international navigation and
               the safety of commercial maritime routes, and to other vulnerable ships, including
               fishing activities in conformity with international law, and also gravely concerned
               by the extended range of the piracy threat into the western Indian Ocean and
               adjacent sea areas and increased pirate capacities,
                     Expressing concern about the reported involvement of children in piracy off
               the coast of Somalia,
                     Recognizing that the on-going instability in Somalia contributes to the problem
               of piracy and armed robbery at sea off the coast of Somalia, and stressing the need
               to continue the comprehensive response by the international community to repress
               piracy and armed robbery at sea and tackle its underlying causes, recognizing the
               need to undertake long-term and sustainable efforts to repress piracy and the need to
               create adequate economic opportunities for the citizens of Somalia,



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                     Recognizing the need to investigate and prosecute not only suspects captured
               at sea, but also anyone who incites or intentionally facilitates piracy operations,
               including key figures of criminal networks involved in piracy who plan, organize,
               facilitate, or illicitly finance or profit from such attacks, and reiterating its concern
               over persons suspected of piracy having been released without facing justice,
               reaffirming that the failure to prosecute persons responsible for acts of piracy and
               armed robbery at sea off the coast of Somalia undermines anti-piracy efforts,
                    Noting the report of the Secretary-General (S/2013/623), particularly Section
               IX on “Allegations of illegal fishing and illegal dumping, including of toxic
               substances, off the coast of Somalia”,
                     Further reaffirming that international law, as reflected in the United Nations
               Convention on the Law of the Sea of 10 December 1982 (“The Convention”), sets
               out the legal framework applicable to activities in the ocean, including countering
               piracy and armed robbery at sea,
                     Underlining the primary responsibility of the Somali authorities in the fight
               against piracy and armed robbery at sea off the coast of Somalia; noting the several
               requests from Somali authorities for international assistance to counter piracy off its
               coast, including the letter of 12 November 2013, from the Permanent Representative
               of Somalia to the United Nations expressing the appreciation of Somali authorities
               to the Security Council for its assistance, expressing their willingness to consider
               working with other States and regional organizations to combat piracy and armed
               robbery at sea off the coast of Somalia, and requesting that the provisions of
               resolution 2077 (2012) be renewed for an additional twelve months,
                     Encouraging implementation of the Somali Maritime Resource and Security
               Strategy, which was endorsed by the President of the Federal Government of
               Somalia and participating states at the 14th Plenary of the Contact Group on Piracy
               off the Coast of Somalia (CGPCS) in New York on 1 May 2013; at the International
               Somalia Conference in London on 7 May 2013, and at the European Union’s “New
               Deal for Somalia” Conference in Brussels on 16 September 2013,
                     Recognizing the work of the CGPCS to facilitate the prosecution of suspected
               pirates and, in accordance with international law, to establish an on-going network
               and mechanism for sharing information and evidence between investigators and
               prosecutors, welcoming the development of the Capacity Building Coordination
               Group under Working Group 1 of the CGPCS, and welcoming the work by Working
               Group 5 of the CGPCS to disrupt illicit financial flows linked to piracy,
                     Welcoming the financing provided by the Trust Fund to Support Initiatives of
               States Combating Piracy off the Coast of Somalia (the Trust Fund) to strengthen
               regional ability to prosecute suspected pirates and imprison those convicted in
               accordance with applicable international human rights law, noting with appreciation
               the assistance provided by the United Nations Office of Drugs and Crime (UNODC)
               Counter-Piracy Programme, and being determined to continue efforts to ensure that
               pirates are held accountable,
                    Commending the efforts of the European Union operation ATALANTA, North
               Atlantic Treaty Organization Operation Ocean Shield, Combined Maritime Forces’
               Combined Task Force 151 commanded by Pakistan and the United Kingdom, as
               well as United States ships assigned to Combined Task Force 151 and NATO Task
               Force 508, the counter-piracy activities of the African Union onshore in Somalia and


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           the naval activities of the Southern Africa Development Community, and other
           States acting in a national capacity in cooperation with Somali authorities and each
           other, to suppress piracy and to protect vulnerable ships transiting through the
           waters off the coast of Somalia, and welcoming the Shared Awareness and
           Deconfliction Initiative (SHADE) and the efforts of individual countries, including
           China, India, Indonesia, Japan, Republic of Korea, Malaysia, Pakistan, and the
           Russian Federation, which have deployed naval counter-piracy missions in the
           region, as stated in the Secretary-General’s report (S/2013/623),
                 Noting the efforts of flag States for taking measures to permit vessels sailing
           under their flag transiting the High Risk Area (HRA) to embark vessel protection
           detachments and privately contracted armed security personnel (PCASP), and
           encouraging States to regulate such activities in accordance with applicable
           international law and permit charters to favour arrangements that make use of such
           measures,
                Noting the request of some Member States on the need to review the
           boundaries of the HRA on an objective and transparent basis, taking into account
           actual incidents of piracy, and noting that the HRA is set and defined by the
           insurance and maritime industry,
                 Welcoming the capacity-building efforts in the region made by the
           International Maritime Organization-(IMO)-funded Djibouti Code of Conduct, the
           Trust Fund and the European Union’s activities under EUCAP Nestor, which is
           working with the Federal Government of Somalia to strengthen its criminal justice
           system, and recognizing the need for all engaged international and regional
           organizations to coordinate and cooperate fully,
                 Supporting the development of a coastal police force, noting with appreciation
           the efforts made by the IMO and the shipping industry to develop and update
           guidance, best management practices, and recommendations to assist ships to
           prevent and suppress piracy attacks off the coast of Somalia, including in the Gulf
           of Aden, and the Indian Ocean area, and recognizing the work of the IMO and the
           CGPCS in this regard, noting the efforts of the International Organization for
           Standardization, which has developed industry standards of training and
           certification for Private Maritime Security Companies when providing privately
           contracted armed security personnel on board ships in high-risk areas, and further
           welcoming the European Union’s EUCAP Nestor, which is working to develop the
           sea-going maritime security capacities of Somalia, Djibouti, Kenya, Seychelles and
           Tanzania,
                 Noting with concern that the continuing limited capacity and domestic
           legislation to facilitate the custody and prosecution of suspected pirates after their
           capture has hindered more robust international action against the pirates off the
           coast of Somalia, too often has led to pirates being released without facing justice,
           regardless of whether there is sufficient evidence to support prosecution, and
           reiterating that, consistent with the provisions of “The Convention” concerning the
           repression of piracy, the 1988 Convention for the Suppression of Unlawful Acts
           Against the Safety of Maritime Navigation (“SUA Convention”) provides for parties
           to create criminal offences, establish jurisdiction, and accept delivery of persons
           responsible for or suspected of seizing or exercising control over a ship by force or
           threat thereof or any other form of intimidation,



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                    Underlining the importance of continuing to enhance the collection,
               preservation and transmission to competent authorities of evidence of acts of piracy
               and armed robbery at sea off the coast of Somalia, and welcoming the on-going
               work of the IMO, INTERPOL, and industry groups to develop guidance to seafarers
               on preservation of crime scenes following acts of piracy, and noting the importance
               for the successful prosecution of acts of piracy of enabling seafarers to give
               evidence in criminal proceedings,
                     Further recognizing that pirate networks continue to rely on kidnapping and
               hostage-taking, and that these activities help generate funding to purchase weapons,
               gain recruits, and continue their operational activities, thereby jeopardizing the
               safety and security of civilians and restricting the flow of free commerce, and
               welcoming international efforts to collect and share information to disrupt the pirate
               enterprise, as exemplified by INTERPOL’s Global Database on Maritime Piracy,
               and taking note of the on-going efforts of the Regional Fusion and Law Enforcement
               Centre for Safety and Security at Sea (formerly the Regional Anti Piracy
               Prosecution and Intelligence Coordination Centre), hosted by Seychelles to combat
               piracy,
                     Reaffirming international condemnation of acts of kidnapping and hostagetaking, including offences contained within the International Convention against the
               Taking of Hostages, strongly condemning the continuing practice of hostage-taking
               by pirates operating off the coast of Somalia, expressing serious concern at the
               inhuman conditions hostages face in captivity, recognizing the adverse impact on
               their families, calling for the immediate release of all hostages, and noting the
               importance of cooperation between Member States on the issue of hostage-taking
               and the prosecution of suspected pirates for taking hostages,
                     Commending Kenya, Mauritius, Seychelles and Tanzania for their efforts to
               prosecute suspected pirates in their national courts, and noting with appreciation the
               assistance provided by the UNODC Counter-Piracy Programme, the Trust Fund and
               other international organizations and donors, in coordination with the CGPCS, to
               support Kenya, Mauritius, Seychelles, Tanzania, Somalia, and other States in the
               region with their efforts to prosecute, or incarcerate in a third State after prosecution
               elsewhere, pirates, including facilitators and financiers ashore, consistent with
               applicable international human rights law, and emphasizing the need for States and
               international organizations to further enhance international efforts in this regard,
                     Welcoming the readiness of the national and regional administrations of
               Somalia to cooperate with each other and with States who have prosecuted
               suspected pirates with a view to enabling convicted pirates to be repatriated back to
               Somalia under suitable prisoner transfer arrangements, consistent with applicable
               international law, including international human rights law, and acknowledging the
               return from Seychelles to Somalia of convicted prisoners willing and eligible to
               serve their sentences in Somalia,
                     Recalling the reports of the Secretary-General on the modalities for the
               establishment of specialized Somali anti-piracy courts (S/2011/360 and S/2012/50),
               prepared pursuant to paragraph 26 of resolution 1976 (2011) and paragraph 16 of
               resolution 2015 (2011),
                    Stressing the need for States to consider possible methods to assist the
               seafarers who are victims of pirates, and welcoming in this regard the Trust Fund’s



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           establishment in November 2012 of the “Hostage Support Programme” to provide
           support to hostages during their release and return home, as well as to their families
           throughout the hostage situation,
                Recognizing the progress made by the CGPCS and UNODC in the use of
           public information tools to raise awareness of the dangers of piracy, highlight the
           best practices to eradicate this criminal phenomenon, and inform the public of the
           dangers posed by piracy,
                 Further noting with appreciation the on-going efforts by UNODC to support
           efforts to enhance Somalia’s maritime security and law enforcement capacities, also
           noting efforts by UNODC and UNDP and the funding provided by the Trust Fund,
           the European Union, the United Kingdom, the United States, and other donors to
           develop regional judicial and law enforcement capacity to investigate, arrest, and
           prosecute suspected pirates and to incarcerate convicted pirates consistent with
           applicable international human rights law,
                 Bearing in mind the Djibouti Code of Conduct concerning the Repression of
           Piracy and Armed Robbery against Ships in the Western Indian Ocean and the Gulf
           of Aden, noting the operations of information-sharing centres in Yemen, Kenya and
           Tanzania and the regional maritime training centre in Djibouti, and recognizing the
           efforts of signatory States to develop the appropriate regulatory and legislative
           frameworks to combat piracy, enhance their capacity to patrol the waters of the
           region, interdict suspect vessels, and prosecute suspected pirates,
                 Emphasizing that peace and stability within Somalia, the strengthening of State
           institutions, economic and social development and respect for human rights and the
           rule of law are necessary to create the conditions for a durable eradication of piracy
           and armed robbery at sea off the coast of Somalia, and further emphasizing that
           Somalia’s long-term security rests with the effective development by Somali
           authorities of the Somali National Security Forces,
                Noting with appreciation recent high-level events on Somalia which have
           generated substantial pledges of support, and underlining the importance of
           delivering on any support pledged at these events,
                Taking note with appreciation the intention expressed by the Indian Ocean Rim
           Association at the thirteenth meeting of its Council of Ministers to bolster maritime
           security and safety, including through the upcoming Indian Ocean Dialogue in India,
           which will explore concrete options to enhance counter-piracy cooperation,
           including through improved maritime information-sharing arrangements and
           stronger national legal capacity and laws, and encouraging the Indian Ocean Rim
           Association to pursue efforts that are complementary to and coordinated with the
           on-going work of the CGPCS,
                 Noting that the joint counter-piracy efforts of the international community and
           private sector have resulted in a sharp decline in pirate attacks as well as hijackings
           since 2011 and emphasizing that without further action, the significant progress
           made in reducing the number of successful pirate attacks is reversible,
                Determining that the incidents of piracy and armed robbery at sea off the coast
           of Somalia are an important factor exacerbating the situation in Somalia, which
           continues to constitute a threat to international peace and security in the region,
                Acting under Chapter VII of the Charter of the United Nations,


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                    1.    Reiterates that it condemns and deplores all acts of piracy and armed
               robbery at sea off the coast of Somalia;
                     2.    Recognizes that the on-going instability in Somalia is one of the
               underlying causes of the problem of piracy and contributes to the problem of piracy
               and armed robbery at sea off the coast of Somalia, while piracy, in turn, exacerbates
               instability by introducing large amounts of illicit cash that fuels additional crime
               and corruption in Somalia;
                     3.    Stresses the need for a comprehensive response to repress piracy and
               tackle its underlying causes by the international community;
                    4.    Underlines the primary responsibility of Somali authorities in the fight
               against piracy and armed robbery at sea off the coast of Somalia, and requests the
               Somali authorities, with assistance from the Secretary-General and relevant United
               Nations entities, to pass a complete set of anti-piracy laws without further delay, and
               urges Somalia to continue efforts, with the support of the international community,
               to adopt an exclusive economic zone in accordance with “The Convention”;
                     5.    Recognizes the need to continue investigating and prosecuting those who
               plan, organize or illicitly finance or profit from pirate attacks off the coast of
               Somalia, including key figures of criminal networks involved in piracy, urges States,
               working in conjunction with relevant international organizations, to adopt
               legislation to facilitate prosecution of suspected pirates off the coast of Somalia;
                    6.    Calls upon the Somali authorities to interdict, and upon interdiction to
               investigate and prosecute pirates and to patrol the territorial waters off the coast of
               Somalia to suppress acts of piracy and armed robbery at sea;
                     7.   Calls upon the Somali authorities to make all efforts to bring to justice
               those who are using Somali territory to plan, facilitate, or undertake criminal acts of
               piracy and armed robbery at sea and calls upon Member States to assist Somalia, at
               the request of Somali authorities and with notification to the Secretary-General, to
               strengthen maritime capacity in Somalia, including regional authorities and stresses
               that any measures undertaken pursuant to this paragraph shall be consistent with
               applicable international law, in particular international human rights law;
                    8.    Calls upon States to cooperate also, as appropriate, on the issue of
               hostage taking, and the prosecution of suspected pirates for taking hostages;
                     9.   Recognizes the need for States, international and regional organizations,
               and other appropriate partners to exchange evidence and information for anti-piracy
               law enforcement purposes with a view to ensuring effective prosecution of
               suspected, and imprisonment of convicted, pirates and with a view to the arrest and
               prosecution of key figures of criminal networks involved in piracy who plan,
               organize, facilitate, or illicitly finance and profit from piracy operations, and keeps
               under review the possibility of applying targeted sanctions against individuals or
               entities that plan, organize, facilitate, or illicitly finance or profit from piracy
               operations if they meet the listing criteria set out in paragraph 8, resolution 1844
               (2008); and calls upon all States to cooperate fully with the Somalia and Eritrea
               Monitoring Group including on information-sharing regarding possible violations of
               the arms embargo or charcoal ban;
                    10. Renews its call upon States and regional organizations that have the
               capacity to do so, to take part in the fight against piracy and armed robbery at sea


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           off the coast of Somalia, in particular, consistent with this resolution and
           international law, by deploying naval vessels, arms, military aircraft, by providing
           basing and logistical support for counter-piracy forces, and by seizing and disposing
           of boats, vessels, arms, and other related equipment used in the commission of
           piracy and armed robbery at sea off the coast of Somalia, or for which there are
           reasonable grounds for suspecting such use;
                 11. Commends the work of the CGPCS to facilitate coordination in order to
           deter acts of piracy and armed robbery at sea off the coast of Somalia, in
           cooperation with the IMO, flag States, and Somali authorities and urges States and
           international organizations to continue to support these efforts;
                 12. Encourages Member States to continue to cooperate with Somali
           authorities in the fight against piracy and armed robbery at sea, notes the primary
           role of Somali authorities in the fight against piracy and armed robbery at sea off the
           coast of Somalia, and decides that for a further period of twelve months from the
           date of this resolution to renew the authorizations as set out in paragraph 10 of
           resolution 1846 (2008) and paragraph 6 of resolution 1851 (2008), as renewed by
           paragraph 7 of resolution 1897 (2009), paragraph 7 of resolution 1950 (2010),
           paragraph 9 of resolution 2020 (2011), and paragraph 12 of resolution 2077 (2012)
           granted to States and regional organizations cooperating with Somali authorities in
           the fight against piracy and armed robbery at sea off the coast of Somalia, for which
           advance notification has been provided by Somali authorities to the Secretary-General;
                13. Affirms that the authorizations renewed in this resolution apply only with
           respect to the situation in Somalia and shall not affect the rights or obligations or
           responsibilities of Member States under international law, including any rights or
           obligations, under “The Convention”, with respect to any other situation, and
           underscores in particular that this resolution shall not be considered as establishing
           customary international law; and affirms further that such authorizations have been
           renewed only following the receipt of the 12 November 2013 letter conveying the
           consent of Somali authorities;
                 14. Decides that the arms embargo on Somalia imposed by paragraph 5 of
           resolution 733 (1992) and further elaborated upon by paragraphs 1 and 2 of
           resolution 1425 (2002) and modified by paragraphs 33 to 38 of resolution 2093 does
           not apply to supplies of weapons and military equipment or the provision of
           assistance destined for the sole use of Member States, international, regional and
           subregional organizations undertaking measures in accordance with paragraph 12
           above;
                 15. Requests that cooperating States take appropriate steps to ensure that the
           activities they undertake pursuant to the authorizations in paragraph 12 do not have
           the practical effect of denying or impairing the right of innocent passage to the ships
           of any third State;
                 16. Calls upon all States, and in particular flag, port, and coastal States,
           States of the nationality of victims, and perpetrators of piracy and armed robbery,
           and other States with relevant jurisdiction under international law and national
           legislation, to cooperate in determining jurisdiction, and in the investigation and
           prosecution of all persons responsible for acts of piracy and armed robbery off the
           coast of Somalia, including anyone who incites or facilitates an act of piracy,



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               consistent with applicable international law including international human rights
               law to ensure that all pirates handed over to judicial authorities are subject to a
               judicial process, and to render assistance by, among other actions, providing
               disposition and logistics assistance with respect to persons under their jurisdiction
               and control, such as victims and witnesses and persons detained as a result of
               operations conducted under this resolution;
                     17. Calls upon all States to criminalize piracy under their domestic law and
               to favourably consider the prosecution of suspected, and imprisonment of those
               convicted, pirates apprehended off the coast of Somalia, and their facilitators and
               financiers ashore, consistent with applicable international law, including
               international human rights law;
                    18. Reiterates its decision to continue its consideration of the establishment
               of specialized anti-piracy courts in Somalia and other States in the region with
               substantial international participation and/or support, as set forth in resolution 2015
               (2011), and the importance of such courts having jurisdiction over not only suspects
               captured at sea, but also anyone who incites or intentionally facilitates piracy
               operations, including key figures of criminal networks involved in piracy who plan,
               organize, facilitate, or illicitly finance or profit from such attack, and encourages
               the CGPCS to continue its discussions in this regard;
                     19. Welcomes, in this context, the UNODC Counter-Piracy Programme’s
               continued work with authorities in Somalia and in neighbouring States to ensure that
               individuals suspected of piracy are prosecuted and those convicted are imprisoned
               in a manner consistent with international law, including international human rights
               law;
                    20. Urges all States to take appropriate actions under their existing domestic
               law to prevent the illicit financing of acts of piracy and the laundering of its
               proceeds;
                    21. Urges States, in cooperation with INTERPOL and Europol, to further
               investigate international criminal networks involved in piracy off the coast of
               Somalia, including those responsible for illicit financing and facilitation;
                    22. Commends INTERPOL for operationalizing a global piracy database that
               consolidates information about piracy off the coast of Somalia and facilitates the
               development of actionable analysis for law enforcement, and urges all States to
               share such information with INTERPOL for use in the database, through appropriate
               channels;
                    23. Commends the contributions of the Trust Fund and the IMO-funded
               Djibouti Code of Conduct and urges both state and non-State actors affected by
               piracy, most notably the international shipping community, to contribute to them;
                     24. Urges States parties to “The Convention” and the SUA Convention to
               implement fully their relevant obligations under these conventions and customary
               international law and to cooperate with the UNODC, IMO, and other States and
               other international organizations to build judicial capacity for the successful
               prosecution of persons suspected of piracy and armed robbery at sea off the coast of
               Somalia;
                    25. Acknowledges the recommendations and guidance provided by the IMO
               on preventing and suppressing piracy and armed robbery at sea; and urges States, in


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           collaboration with the shipping and insurance industries, and the IMO, to continue
           to develop and implement avoidance, evasion, and defensive best practices and
           advisories to take when under attack or when sailing in the waters off the coast of
           Somalia, and further urges States to make their citizens and vessels available for
           forensic investigation as appropriate at the first suitable port of call immediately
           following an act or attempted act of piracy or armed robbery at sea or release from
           captivity;
                26. Encourages flag States and port States to further consider the
           development of safety and security measures on board vessels, including, where
           applicable, developing regulations for the use of PCASP on board ships, aimed at
           preventing and suppressing piracy off the coast of Somalia, through a consultative
           process, including through the IMO and ISO;
                 27. Invites the IMO to continue its contributions to the prevention and
           suppression of acts of piracy and armed robbery against ships in coordination, in
           particular, with the UNODC, the World Food Program (WFP), the shipping industry,
           and all other parties concerned, and recognizes the IMO’s role concerning privately
           contracted armed security personnel on board ships in high-risk areas;
                 28. Notes the importance of securing the safe delivery of WFP assistance by
           sea, welcomes the on-going work by the WFP, EU operation ATALANTA and flag
           States with regard to Vessel Protection Detachments on WFP vessels;
                 29. Requests States and regional organizations cooperating with Somali
           authorities to inform the Security Council and the Secretary-General in nine months
           of the progress of actions undertaken in the exercise of the authorizations provided
           in paragraph 12 above and further requests all States contributing through the
           CGPCS to the fight against piracy off the coast of Somalia, including Somalia and
           other States in the region, to report by the same deadline on their efforts to establish
           jurisdiction and cooperation in the investigation and prosecution of piracy;
                30. Requests the Secretary-General to report to the Security Council within
           11 months of the adoption of this resolution on the implementation of this resolution
           and on the situation with respect to piracy and armed robbery at sea off the coast of
           Somalia;
                 31. Expresses its intention to review the situation and consider, as
           appropriate, renewing the authorizations provided in paragraph 12 above for
           additional periods upon the request of Somali authority;
                32.   Decides to remain seized of the matter.




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