U.N., U.S. Actions Sometimes at Odds On Afghan Policy

"Does giving him a ride in an armored car or an airplane or giving aid through him to some sort of program within Uruzgan province constitute a breach of the sanctions?" Barrett asked. "Some of the legal advice that states have been getting suggest that it may."

In March 2006, the United Nations instructed its staff in Afghanistan to steer clear of Monib over concerns that they might breach the sanctions. But the prohibition was partially lifted after U.S. and European officials objected.

U.N. staff members are now allowed to interact with Monib but not to engage in activities that could be construed as violating sanctions, such as flying him in a U.N. aircraft. However, one U.N. official in Afghanistan said the mission has been privately urging donor countries to increase aid to Uruzgan.

Monib is "seen as being a relatively capable governor," but his designation on the list "does present difficulties," said Adrian Edwards, a U.N. spokesman in Afghanistan. "We have to abide by" U.N. resolutions, he said.

The Netherlands and Australia -- which also has troops in Uruzgan -- insist that they have not breached U.N. sanctions because they have channeled aid through the government, not through Monib's private accounts.

"We do talk to Monib, which is not prohibited," said a Dutch official who tracks the issue. But "we do business with the province of Uruzgan."

An Australian spokeswoman insisted that "Australia has strictly complied with the sanctions." She added that "Australian personnel in Afghanistan will ensure they do not engage in any dealings with Monib which would be contrary to Australian law" or Security Council resolutions.

Monib's dilemma underscores a broader failing of the U.N. role in the battle against terrorism, said Eric A. Rosand, who oversaw U.N. counterterrorism efforts for the United States until 2005. He said that the council has not responded to evolving terrorist threats and that many countries have stopped cooperating with it.

For instance, the council has not added a new Taliban figure to the list since 2001. That included the movement's military commander, Mullah Dadullah, who was killed by allied forces in May.

"The whole thing is broken," said Rosand, who now tracks the council's terrorism efforts for the Center on Global Counter-Terrorism Cooperation. "Everyone knows that most countries are not even implementing the sanctions."

The council, meanwhile, is also facing a political backlash from European governments, courts and human rights advocates, who say it offers inadequate legal protection for people on the list. The council has introduced new measures to strengthen due process, including the establishment of a U.N. office to hear complaints.

But the new office lacks the authority to recommend that the council remove a person from the list, and a single member of the council can still block the delisting process.

"This is a perfect case where time has passed, things have changed, but the committee hasn't and the list hasn't," Rosand said. "The list is so poorly managed that no one has confidence in it anymore, and nobody puts forward names."