Unked Nations

Security Councili ,e %:!:

:'!C ÿ<£ ,

Provisional

9 Novembe/20!5

Original: English

UHited States of Araerica: draft reso[atioÿ

777e Seczlritv Cozmci/,

its resolutions concerning the situation in Somalia,

especially resolutions 1814 (2008}, t816 (2008), 1838 (2008), ÿ844 (2008)ÿ 1846(2008), t85I (2008), t897 (2009), 1918 (2010)ÿ 1950 (20]0)ÿ ÿ976 (20ÿ!), 2015(2011), 2020 (20tl), 2077 (2012) 2125 (2013), and 2184 (2014) as wN1 as theStatement of its Presiderÿt of 25 2010 and(S/PR ST/20 t 2/24) of 19 November 2012,

Welcoming the report of the Secretary-General (S/2015/776)ÿ as requested byresolution 2184 (2014), on the implementation of that resolution and on thesituation with respect to piracy and armed robbery at sea offthe coast of Somaliaÿ

Re£ff)rm#Tg its respect for the sovereignty, terNtoNa] integrity,and unky of Somaliaÿ including Somalia's sovereign rights in

acc@daÿce with internationa! law, with respect to offshore natmai resources,fisheries,

No/itvg that the joint counter-piracy efTorts of States. regions° organizations,the maritime industry, the private sector, think tanks, and civil society have resultedin a steady decline in pirate attacks as well as hijackiÿgs since 20°l!l and coÿtimd,Tgto be gravely concerned by the ongoing threat that piracy and armed robbery at seaposes to the prompk safe, and effective delivery of humanitarian aid to Somalia andthe region, to the safety of seafarers and other persons, to internation al navigatio,ÿand the safety of commercial maritime routes, and to other ships, including fishingactivities in conformity with international law,

Expressiÿvg coÿwerÿ about the reported irwolvement of children in piracy offthe coast of Somalia, reported sexual exploitation of women and children in areascontrolled by pirates, as well as theh reported coercion to participate in activities

that support piracy,

Furthor reqffb'miÿ,,g that international law, as reflected in the United NationsConvention on the Law of the Sea of 10 December 1982 ("The Convention"), sets

out the legal framework applicab]e to activities ha the ocean, including counteringpiracy and armed robbery at sea,

Recog,ÿizilTg the need to investigate and prosecute not only suspects capturedat seaÿ but also anyone who incites or hÿtentionally facilitates piracy operations,including key figures of criminal networks involved in piracy who Nan, orgaÿizeÿfacilitate, or illicitly finance or profit fl-om such attacks, and reiterat#ÿg its concern

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over persons suspected of piracy having been released without facing justice,reaffirming that the failure to prosecute persons responsible for acts of piracy andarmed robbery at sea offthe coast of Somalia undermines anti-piracy efforts,

Noting with concern that the continuing limited capacity and domesticlegislation to facilitate the custody and prosecution of suspected pirates after theircapture has hindered more robust international action against pirates offthe coast ofSomalia, too often has led to pirates being released without facing justice,regardless of whether there is sufficient evidence to support prosecution, andreiterating that, consistent with the provisions of The Convention concerning therepress'ion of piracy, the 1988 Convention for the Suppression of Unlawful ActsAgainst the Safety of Maritime Navigation ("SUA Convention") provides for partiesto create criminal offences, establish jurisdiction, and accept delivery of personsresponsible for, or suspected of seizing, or exercising control over, a ship by forceor threat thereof, or any other form of intimidation,

Underlining the primary responsibility of the Somali authorities in the fightagainst piracy and armed robbery at sea offthe coast of Somalia, noting the severalrequests from Somali authorities for international assistance to counter piracy off itscoast, including the letter of 4 November 2014, from the Permanent Representativeof Somalia to the United Nations expressing the appreciation of Somali authoritiesto the Security Council for its assistance, expressing their willingness to considerworking with other States and regional organizations to combat piracy and armedrobbery at sea off the coast of Somalia, and requesting that the provisions ofresolution 2184 (2014) be renewed for an additional twelve months,

Welcoming the participation of the Federal Government of Somalia andregional partners in the 18th plenary session of the Contact Group on Piracy off theCoast of Somalia (CGPCS), hosted by the European Union (EU) in New York City,July 2015,

Recognizing the work of the CGPCS and the Law Enforcement Task Force tofacilitate the prosecution of suspected pirates, and of the Working Group onCapacity Building of the CGPCS to coordinate judicial, penal, and maritimecapacity-building efforts to enable regional states to better tackle piracy,

Welcoming the financing provided by the Trust Fund to Support Initiatives ofStates Combating Piracy off the Coast of Somalia (the Trust Fund) to strengthenregional ability to prosecute suspected pirates and imprison those convicted inaccordance with applicable international human rights law, noting with appreciationthe assistance provided by the United Nations Office of Drugs and Crime (UNODC)Maritime Crime Programme, and being determined to continue efforts to ensure that

pirates are held accountable,

Commending the efforts of the EU Naval Force (EUNAVFOR) OperationATALANTA, North Atlantic Treaty Organization Operation Ocean Shield,Combined Maritime Forces' Combined Task Force 151, the counter-piracy activitiesof the African Union onshore in Somalia and the naval activities of the SouthernAfrica Development Community, and other States acting in a national capacity incooperation with Somali authorities and each other to suppress piracy and to protectships transiting through the waters off the coast of Somalia, and welcoming theShared Awareness and Deconfliction Initiative (SHADE) and the efforts ofindividual countries, including China, India, the Islamic Republic of lran, Japan,

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Republic of Korea; and the Russian Federaÿionÿ which have deployed naval counter-piracy missions in the regionÿ

YotitTg the efforts of flag States %r taking measures to perrnit vessels sailingunder their flag transitfrtg the High Risk Area (HRA) to embark vessel protectiondetachments and privately contracted armed security personnel (PCASP), and toaI]ow charters that favour arrangements that make use of such measuresÿ while

urgbÿg States to regulate such activities in accordance whh applicable internationalaw.

Noting-that HRA boundaries are set and defined by the insurance and maritime

bÿdustry, and have beell redefined in October 2015,

the efforts in the made by theinternational Maritime Organization (tMO) funded Djibouti Code of Conduct, theTrust Fund and the European UniorFs activities under the EU Mission on RegionalMaritime Capacity in the Horn of Africa (EUCAP Nestor), which is working withthe Federal Government of Somalia to strengthen its criminat justice systemÿ aÿd

rcdognkitTg thc need for a]l engaged international and regional organizations tocoord;nate and cooperate fully,

StÿpForting the development of a coastal police %rceÿ tToting with appreciationthe efforts made by the ]MO and the shipping industry to develop and updateguidaIÿce, best management practices, and recornmendations to assist ships toprevent and suppress piracy attacks off the coast of SomaJ[a, hlcluding in the Gulfof Aden, and in relevant parts of the Indian Ocean that are still within the High RiskArea and rccogÿizing the work of the IMO and the CGPCS in this regard, noting theefforts of the bÿternationa] Organization for Standardizatiom which has developedindustry standards of training and certification for Private Maritime SecurityCompanies when providing PCASP on board ships i1ÿ high-risk areas, and furtherwelcoming the European Urfion's EUCAP Nestorÿ which is worMng to develop themaritime security capacities of Somalia,

Underliÿing the of continuing to enhance the collection,preservat[om and transmission to competent authorities of evidence of acts of piracyand armed robbery at sea off the coast of Somalia, and n,Ucoming the oÿ-goingwork of the IMO, INTERPOL. and industry groups to develop guidance to seafarerson preservation of crime scenes following acts of piracy, and 1?odng the importanceof enabling seafarers to give evidence in criminal proceedings to prosecute acts of

Ftÿrthcr reooÿnizing that pirate networks continue to rely on kidnapping and

hÿostage-taking to help generate funding to purchase weaponsÿ gain recruits, andcontinue their operational activities, thereby jeopardizing the safety and security ofcivilians and restricting the flow of commerce, and welcoming international effortsto coordinate the work of investigators and prosecutors, inter alia, through the LawEnforcement Task Force aÿd collect and share in%rmation to disrupt the pirateeÿterprise, as exemplified by INTERPOL's Global Database on Maritime Piracyÿand taking note of the ongoing ef%rts of the Regional Fusion and Law EnforcementCentre for Safety and Security at Seaÿ hosted by Seychelles to combat piracy andtransÿationat organized crime,

Roq£ÿTrmMg international condemnation of' acts of kidnapping and hostage--taking, including offences contained withbÿ the International Convention against the

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'Faking of Hostages, strongly condemning the continuing practice of hostage-takingby pirates operating off the coast of Somalia, expressfiÿg serious concern at theinhumane conditions hostages face in captivity, recognizing the adverse impact ontheir families, calling for the immediate release of all hostages, and noting theimportance of cooperation between Member States on the issue of hostage-taking

and the prosecution of suspected pirates for taking hostages,

Commending Kenya, Mauritius, Tanzania, and Seychelles, for their efforts toprosecute suspected pirates in theh" national courts, and noting with appreciation theassistance provided by the UNODC Maritime Crime 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 theregion with their efforts to prosecute, or incarcerate in a third State after prosecutionelsewhere, pirates, including facilitators and financiers ashore, consistent withapplicable international human rights law, and emphasizing the need for States andinternational organizations to further enhance international efforts in this regard,

Welcoming the readiness of the national and regional administrations ofSomalia to cooperate with each other and with States who have prosecutedsuspected pirates with a view to enabling convicted pirates to be repatriated back toSomalia under suitable prisoner transfer arrangements, consistent with applicableinternational law, including international human rights law, and acknowledging thereturn from Seychelles to Somalia of convicted prisoners willing and eligible toserve their sentences in Somalia,

Welcoming the establishment of the Maritime Security CoordinationCommittee (MSCC), as an important mechanism of information sharing andencourages it to begin work as soon as possible,

Expressing serious concern over recent reports of illegal fishing in Somalia's

Exclusive Economic Zone (EEZ), and noting the complex relationship betweenillegal fishing and piracy,

Recognizing the ongoing efforts of the Federal Government of Somaliatowards the development of a legal regime for the distribution of fishing licenses,and encouraging further efforts in this regard, with the support of the internationalcommunity,

Recalling the reports of the Secretary General which illustrate the seriousnessof piracy and armed robbery at sea off the coast of Somalia and provide usefulguidance for the investigation and prosecution of pirates, including on specializedanti-piracy courts,

Stressing the need for States to consider possible methods to assist theseafarers who are victims of pirates, and welcoming in this regard the efforts of the"Hostage Support Programme" and the Piracy Survivor Family Fund launched at the2014 CGPCS to provide support to hostages during their release and return home, aswell as to their families throughout the hostage situation,

Recognizing the progress made by the CGPCS and UNODC in the use ofpublic information tools to raise awareness of the dangers of piracy and highlightthe best practices to eradicate this criminal phenomenon,

Further noting with appreciation the on-going efforts by UNODC to supportefforts to enhance Somalia's maritime security and law enforcement capacities, and

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also t7otiÿg efforts by UNODC and UNDP and 1he funding provided by the TrustFund, the European Union, the United Kingdom, the United States, and other donors

to develop regional judicial and law enforcement capacity to investigateÿ arrest, andprosecute suspected pirates and to incarcerate convicted pirates consistent witDapplicable international human rights lavvÿ

BdaÿDÿg Dÿ ,,7ÿDÿd the Djibouti Code of Conduct concerning the P, epression ofPiracy and Armed Robbery against Ships in the Western Indian Ocean arid the GulfofAdem ÿogir,,g tlÿe operations of inforrnation-sharitÿg centres in Yemen, Kenya, aÿd

Tallzaniaÿ re'cogfÿizDÿ2 the efforts of signatory States to develop the appropriateregulator), and legislative frameworks to combat piracy., enhance their capacity toparrot the waters of the region, interdict suspect vesse[sÿ and prosecute suspected

EmplTa,vizDÿg that peace and stability within Somalia, the strengthening ofSlate institutions, ecormmic aÿld social development, and respect for human rightsarid the rule o{" taw are necessary to create the conditions for a durable eradication of

piracy and armed robbery at sea off the coast of Somalia, and further tÿmpDasiSÿhÿ-that Somalia's long-term security rests with the effective development by Somaliauthorities ot" the Somali National Security Forces,

H,'L*lcomiTÿg the Padang Conÿmunique and Maritime Cooperation Declarationadopted by' the Indiarl Ocean Rim Association (]ORA) at its ]5tb Counci! ofMinisters meeting, which call upon members to support aÿd strengthen cooperationto address maritime challenges including piracy and illegal trafficking of drugsÿ andwhich note Somalia's impending membership in the IORA before its next Councilof Ministers meeting, thereby Somalia's cooperation with itsneighbours on maritime safety and security,

Rccogfÿi:DTg that the ongoing instability in Somalia and the acts of piracy andarmed robbery at sea off its coast are inextricably linke& and stressing the need tocontinue the comprehensive response by the international community to repress

piracy and armed robbery at sea alÿd tackle its underlying causes, and furtherrecogÿizitÿg the need to undertake long-term and sustainable efforts to repress piracyand the need to create adequate economic opportunities for the citizens of Somalia,

DetermDÿDvg that the incidents of piracy and armed robbery at sea off the coastof Somalia, as wet! as the activity of pirate groups in Somalia, are an importantfactor exacerbating the situation in Somalia, which continues to constitute a threatto international peace and security in the region,

AcVDTg under Chapter VII of the Charter of the United Nations.

1. Reitÿrates that it condemns and deplores all acts of piracy and armedrobbery at sea off the coast of Somalia;

2. Wlÿile noHrÿg in Somalia, recogÿizes that piracyexacerbates instability in Somalia by introducing large amounts of illicit cash thatfuels additional crime aÿld corruption;

3. Slresses" the need %r a comprehensive response to prevent and suppresspiracy and tackle its underlying causes by the international comnÿmÿity;

4, UsTderline,s' the primary responsibility of the Somali authorities in thefight against pbacy and armed robbery at sea offthe coast of Somalia, n,elcoÿ,.ÿes the

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draft coast guard law which the Somali authorities, with the support of the EuropeanUnion Naval Force (EUNAVFOR) Operation Atalanta and EUCAP Nestor havesubmitted to the Council of Ministers for approval by Parliament and us\gas theSomali authorities, to continue their work to pass a comprehensive set of anti-piracyand maritime laws without further delay and establish security forces with clearroles and jurisdictions to enforce these laws and to continue to develop, with

international support as appropriate, the capacity of Somali co urts to investigate andprosecute persons responsible for acts of piracy and armed robbery, including keyfigures of criminal networks involved in piracy who plan, organize, facilitate, orillicitly finance or profit from such attacks;

5. Recognizes the need to continue investigating and prosecuting those who

plan, organize, or illicitly finance or profit from pirate attacks off the coast ofSomalia, including key figures of criminal networks involved in piracy, urgesStates, working in conjunction with relevant international organizations, to adoptlegislation to facilitate prosecution of suspected pirates offthe coast of Somalia;

6. Calls upon the Somali authorities to interdict, and upon interdiction tohave mechanisms in place to safely return effects seized by pirates, investigate andprosecute pirates and to patrol the territorial waters off the coast of Somalia toprevent and suppress acts of piracy and armed robbery at sea;

7. Calls upon the Somali authorities to make all efforts to bring to justicethose 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, atthe request of Somali authorities and with notification to the Secretary-General, to

strengthen maritime capacity in Somalia, including regional authorities and, stressesthat any measures undertaken pursuant to this paragraph slaall be consistent withapplicable international law, in particular international human rights law;

8. Calls upon States to cooperate also, as appropriate, on the issue ofhostage taking, and the prosecution of suspected pirates for taking hostages;

9. Calls for the immediate and unconditional release of all seafarers heldhostage by Somali pirates, and further calls upon the Somali authorities and allrelevant stakeholders to redouble their efforts to secure their safe and immediaterelease;

10. Welcomes the initiative of the Seychelles authorities to establish a courtfor piracy and maritime crime and further welcomes the commencing of the firsttrial before it;

11. Recognizes the need for States, international and regional organizations,and other appropriate partners to exchange evidence and information for anti-piracylaw enforcement purposes with a view to ensuring effective prosecution ofsuspected, 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 keepsunder review the possibility of applying targeted sanctions against individuals orentities that plan, organize, facilitate, or illicitly finance or profit from piracyoperations if they meet the listing criteria set out in paragraph 43 of resolution 2093(2013), and calls" upon all States to cooperate fully with the Somalia and EritreaMonitoring Groupÿ including on information-sharing regarding possible violationsof the arms embargo or charcoal ban;

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12. Renews its ca/1 upon Stakes and regio*ÿal organizations that are able to doso to take part in the fight against piracy and aÿmed robbery at sea off the coast ofSomaliaÿ in particular, consistent with this resoIution and international law, by

depÿo)dng naval vesselsÿ arms, and military aircraf%ÿ by providing basiÿg and!oglsfica! support for counter-piracy fbrcesÿ and by seizing and disposing of boatsÿvessNs, armsÿ and other rdated equipment used in the commission of piracy andarmed robbery at sea off" the coast of SomaIia, or for which there are reasormblegrounds for suspecting such use;

13. HigMights the importance of coordination among States and internationalorganizations in order to deter acts of" piracy and armed robbery at sea off the coastof Somalia, commends the work of the CGPCS to facilitate such coordination incooperation with the IMO, flag States, and Somali authorffies, and urges continuedsupport of these efforts;

!4. Mernber States to continue to cooperate with SomaIiauthorities in @e fight against piracy and armed robbery at seaÿ notes the primaryrole of Somali authorities in the fight against piracy and armed robbery at sea offtlle coast of Somalia, and decides that, for a further period of twelve months fromthe date of this resolution to renew the authorizations as set out in paragraph 10 ofresolution t846 (2008) and paragraph 6 of resolution 1851 (2008), as renewed byparagraph 7 of resolution 1897 (2009), paragraph 7 of resolution 1950 (2010),paragraph 9 of resolution 2020 (2011), paragraph 12 of resohllion 2077 (2012)ÿparagraph 12 of" resoluti@ÿ 2125 (20 t 3), and paragraph 13 of resolution 2184 (2014)granted to States and regional organizations cooperating with Somali authorities inthe fight against piracy and armed robbery at sea off the coast of Somalia, t%r whichadvance notification has been provided by Somali authorities to the Secretary-General;

15. 4zT)qrms that the authorizations renewed in this resolution apply only withrespect to the situation in Somalia and shall not affect the rights, obligations, orresponsibilities of Member States under international law, including any rights orobligations under The with respect to any other situatiom andunderscores in particular that this resolution shall not be considered as establishingcustomary international Iaw; and affirms further that such authorizations have beenrenewed based on the receipt of the 4 November 20t4 letter conveying the coiÿsentof Somali authorities;

J6. Decides that the arms embargo on Somalia imposed by paragraph 5 ofresolution 733 (t992) and Further elaborated upon by paragraphs 1 and 2 ofresolution 1425 (2002) and modified by paragraphs 33 to 38 of resolution 2093 doesnot apply to supplies of weapons and miJitary equipment or the provision ofassistance destined for the sole use of Member States, international regionalÿ andsubregional organizations undertaking measures in accordance with paragraph 14above;

I7. Reqzÿests that cooperating States take appropriate steps to ensure that theactivities they undertake pKsuant to the authorizations in paragraph 14 do not havethe practical effect of denyhÿg or hnpairing the right of innocent passage to the shipsof any third State:

18. Cal/s uposv all States, and in particuhr flag, porL and coastal States,States of the nationalffy of victims and perpetrators of piracy and armed robbery,

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and other States with relevant jurisdiction under international law and nationallegislation, to cooperate in determining jurisdiction and in the investigation andprosecution of all persons responsible for acts of piracy and armed robbery off thecoast of Somalia, including key figures of criminal networks involved in piracy whoplan, organize, facilitate, or illicitly finance or profit from such attack, consistentwith applicable international law including international human rights law, to ensurethat all pirates handed over to judicial authorities are subject to a .judicial process,and to render assistance by, among other actions, providing disposition and logisticsassistance with respect to persons under their jurisdiction and control, such asvictims, witnesses, and persons detained as a result of operations conducted underthis resolution;

19. Calls upon all States to criminalize piracy under their domestic law andto favourab/y consider the prosecution of suspected, and imprisonment of thoseconvicted, pirates apprehended off the coast of Somalia, and their facilitators andfinanciers ashore, consistent with applicable international law, includinginternational human rights law, and decides to keep these matters under review,

including, as appropriate, the establishment of specialized anti-piracy courts inSomalia with substantial international participatiofi and/or support as set forth inresolution 2015 (2011), and encourages the CGPCS to continue its discussions inthis regard;

20. Welcomes, in this context, the UNODC Maritime Crime Programme's

continued work with authorities in Somalia and in neighbouring States to ensurethat individuals suspected of piracy are prosecuted and those convicted areimprisoned in a manner consistent with international law, including internationalhuman rights law:

21. Encourages the Federal Government of Somalia to accede to the UnitedNations Convention Against Transnational Organized Crime, as part of its efforts totarget money laundering and financial support structures on which piracy networks

survive;

22. Urges all States to take appropriate actions under their existing domesticlaw to prevent the illicit financing of acts of piracy and the laundering of itsproceeds;

23. Urges States, in cooperation with INTERPOL and Europol, to furtherinvestigate international criminal networks involved in piracy off the coast ofSomalia. including those responsible for illicit financing and facilitation;

24. Urges all States to ensure that counter-piracy activities, particularly land-based activities, take into consideration the need to protect women and children

from exploitation, including sexual exploitation;

25. {hNes all States to share information with INTERPOL for use in theglobal piracy database, through appropriate channels;

26. Commends the contributions of the Trust Fund and the IMO-fundedDjibouti Code of Conduct and urges both state and non-State actors affected bypiracy, most notably the international shipping community, to contribute to them;

27. Urges States parties to The Convention and the SUA Convention toimplement fully their relevant obligations under these conventions and customaryinternational law and to cooperate with the UNODC, IMO, and other States and

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imerrÿational o:ganizadons to build judicial capacity fo the successful prosecutionof pc:sons suspected of piracy and armed robbery at sea off the coast of Somalia

2S. 4cknowk, J'£ÿs' the recommendations and guidance provided by the ÿMO

on preventing and suppressing piracy and armed robbery at sea: and urges State< inco!laboration with the shipping and insurance industries and the ÿMO, to continue todevebp and implement avoidanc< evasion, and defensive best practices andadvisories to take when under attack or when sailing in the wmers off the coast ofSomalia, and further urges States to make their citizens and vessels available for

forensic investigation as appropriate al the first suitable port of ca]] immediatelyfollowing an act or attempted act of piracy or arrned robbery at sea or release from

29. States and port States to fm'ther consider thedevelopment of safety and securfty measures on board vesselsÿ includingÿ whereapplicable, developing regulations for ÿl'ÿe use of PCASP on board sh[psÿ aimed at

and suppressing piracy off the coast of Somalia, through a consultativeprocessÿ including lhrough the [MO and 1SO;

30. /nvitc,s the tMO to continue its contributions to the prevention and

suppression of acts of piracy and armed robbery against ships, in coordhmtiom inparticular, with the U-NODCÿ the Wor}d Food Program (WFP). the sb]ppiÿ]g industry,and ai] other parties concerned, and recognizes the ]MO% role concerning privatelycontracted armed security personnel on board ships in high-risk areas;

31. Nozcs the importance of securing the safe deiivery of WFP assistance bysea, and welcomes the ongoing work by the WFP, EUNAVFOR Operation Atalantmand flag States with regard 1o Vessel Protection Detachments on WFP vessels:

32. Rcqzÿt<s'i,s' States and regional organizations cooperating with Somaliauthorities to h]form the Security Council and the Secretary-General in nine months

of the progress of actions undertaken in the exercise of the authoriza£ons providedin paragraph 14 above and further requests all Slates contributing through theCGPCS to the fight against piracy off" the coast of Soma}ia, [nchÿding Somalia andother States in the region, to report by the same deadline on their effbrts to establishjurisdiction and cooperation in the investigation and prosecution of piracy;

33. Reqzÿeÿs'zs the Secretary-General to report to the Security Council withineÿeven months of the adoption of this resolution on the implementation of thisresolution and on the situation wiPcÿ respect to piracy and armed robbery at sea offthe coast of Somalia;

34. izs; intenHon to review the situation and

appropriate, renewing the authorizations provided in paragraphadditional periods upon the request of Somali authority;

35. Decides' to remain seized of the matter.

consider, asI4 above for

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