A/67/396 by the “like-minded” group of States 107 for the introduction of a “sunset clause” imposing a time limit on the duration of designations. IV. Conclusions and recommendations 59. The Special Rapporteur acknowledges and welcomes the significant due process improvements brought about by resolution 1989 (2011), but nevertheless concludes that the Al-Qaida sanctions regime continues to fall short of international minimum standards of due process, and accordingly recommends that: (a) The mandate of the Office of the Ombudsperson should be amended to authorize it to receive and determine petitions from designated individuals or entities (i) for their removal from the Consolidated List and (ii) for the authorization of humanitarian exemptions; and to render a determination that is accepted as final by the Al-Qaida Sanctions Committee and the Security Council. In consequence: (i) The Security Council should consider renaming the Office of the Ombudsperson as the Office of the Independent Designations Adjudicator; (ii) The rules of procedure should make provision for States to disclose information to the Office of the Independent Designations Adjudicator on conditions of confidentiality, but should nonetheless ensure a full and fair review in accordance with the principles outlined in paragraphs 38 to 44 above; (iii) Subject to any necessary redactions on security grounds, the Office of the Independent Designations Adjudicator should be mandated to deliver a reasoned public determination; (b) Irrespective of whether the recommendation in paragraph 59 (a) is adopted by the Security Council: (i) The mandate of the Office of the Independent Designations Adjudicator/Ombudsperson should be renewed for a term of no less than three years; (ii) The Office of the Independent Designations Adjudicator/ Ombudsperson should be required to recommend delisting, unless satisfied on the information available that (a) it is more likely than not that the designated individual or entity is associated with Al-Qaida; and (b) the imposition of sanctions constitutes a proportionate interference with the rights of the designated person or entity; __________________ 107 22 The informal group of like-minded countries on targeted sanctions includes: Austria, Belgium, Costa Rica, Denmark, Finland, Germany, Liechtenstein, the Netherlands, Norway, Sweden and Switzerland; see Les fondements de notre ordre juridique court-circuites par l’ONU, 1 March 2010, motion passed by the Foreign Policy Commission of the Federal Parliament of Switzerland. 12-52254

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