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Restrictive measures in view of the situation in Somalia

Restrictive measures in view of the situation in Somalia

 

SUMMARY OF:

Regulation (EU) No 356/2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia

Decision 2010/231/CFSP concerning restrictive measures against Somalia

Regulation (EC) No 147/2003 concerning certain restrictive measures in respect of Somalia

WHAT IS THE AIM OF THE REGULATIONS AND DECISION?

The decision and regulations outline restrictive measures (sanctions) against persons and entities arising from the situation in Somalia.

KEY POINTS

Military activities and technical assistance

Supplying (or promoting) the following to any person, entity or body in Somalia is prohibited:

  • financing for military activities, or for the sale, supply, transfer or export of goods and technology;
  • technical assistance relating to military activities involving goods and technology;
  • the supply, sale or transfer of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts, by European Union (EU) nationals or from the territories of EU Member States, whether or not originating in their territories;
  • purchasing or importing charcoal into the EU from Somalia, or financing such operations; and
  • the sale, export, supply or transfer of improvised explosive device components from Member States, or by EU nationals or using EU vessels or aircraft, without prior authorisation on the grounds that they will not be used to make improvised explosive devices.

The prohibition on financing or technical assistance applies to equipment included in the Common Military List of the European Union but does not apply if the military equipment is:

  • for United Nations (UN) personnel, including the UN Assistance Mission in Somalia;
  • for the African Union Transition Mission in Somalia (ATMIS) and its partners, operating solely under the latest strategic concept of operations, and in cooperation with ATMIS;
  • for training purposes by the EU, Turkey, the United Kingdom or the United States, or certain other states operating within the Somalia transition plan, or under certain other official agreements;
  • to be used to develop Somalia’s security and police institutions under certain conditions;
  • protective clothing temporarily exported to Somalia by UN personnel, the media, and humanitarian and development workers for personal use only; or
  • non-lethal military equipment intended for humanitarian or protective use.

Economic sanctions

  • All funds and economic resources are frozen if they belong to or are owned, held or controlled by persons, entities or bodies listed in Annex I of Regulation (EU) No 356/2010.
  • No funds or economic resources may be made available to the persons, entities or bodies listed.

Member States can authorise the release of certain frozen funds for:

  • basic needs including food, rent or mortgage, medicines and medical treatment, taxes, insurance premiums and public utility charges;
  • reasonable professional fees and expenses incurred for legal services;
  • fees or charges for holding frozen funds or economic resources; or
  • certain other extraordinary expenses, on giving other Member States and the European Commission at least 2 weeks’ prior notice.

Listed persons and entities

Restrictive measures are imposed against persons and entities (listed in Annexes) designated by the UN Sanctions Committee as engaging in acts that threaten the peace, security or stability of Somalia, including:

  • planning, directing or committing acts involving sexual and gender-based violence;
  • acts that threaten the peace and reconciliation process;
  • acts that threaten the Somali government or ATMIS by force;
  • acts in violation of the arms embargo or other sales restrictions, or providing related assistance;
  • obstructing humanitarian assistance;
  • recruiting or using children in armed conflicts;
  • targeting civilians including children and women in situations of armed conflict, including killing and maiming, sexual and gender-based violence, attacks on schools and hospitals, and abduction and forced displacement;
  • being associated with Al-Shabaab, including:
    • participating in financing, planning or perpetrating its activities,
    • supplying it with arms and related materiel. and
    • recruiting for it or any associated group.

Member States’ responsibilities

Member States must take the necessary measures to prevent prohibited activities, including:

  • inspecting cargo (as consistent with international law) to and from Somalia in their territory, including at airports and seaports;
  • inspecting, in Somali territorial waters, vessels bound for or from Somalia which they have reasonable grounds to believe are carrying:
    • charcoal from Somalia in violation of the charcoal ban,
    • weapons or military equipment in violation of the arms embargo or being sent to individuals or entities designated by the UN Sanctions Committee,
    • improvised explosive device components.

Humanitarian exemptions

In accordance with United Nations Security Council Resolution 2664 (2022), Council Regulation (EU) 2023/331 and Council Decision (CFSP) 2023/338 introduce into EU law an exemption to the sanctions in the form of asset freezes for humanitarian assistance and other activities that support basic human needs, applicable to certain individuals or entities.

FROM WHEN DO THE REGULATIONS AND DECISION APPLY?

  • Regulation (EU) No 356/2010 has applied since 28 April 2010.
  • Decision 2010/231/CFSP has applied since 26 April 2010.
  • Regulation (EC) No 147/2003 has applied since 30 January 2003.

BACKGROUND

For further information, see:

MAIN DOCUMENTS

Council Regulation (EU) No 356/2010 of 26 April 2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia (OJ L 105, 27.4.2010, pp. 1–9).

Successive amendments to Council Regulation (EU) No 356/2010 have been incorporated in the original text. This consolidated version is of documentary value only.

Council Decision 2010/231/CFSP of 26 April 2010 concerning restrictive measures against Somalia and repealing Common Position 2009/138/CFSP (OJ L 105, 27.4.2010, pp. 17–21).

See consolidated version.

Council Regulation (EC) No 147/2003 of 27 January 2003 concerning certain restrictive measures in respect of Somalia (OJ L 24, 29.1.2003, pp. 2–3).

See consolidated version.

RELATED DOCUMENTS

Common Military List of the European Union adopted by the Council on 21 February 2022 (equipment covered by Council Common Position 2008/944/CFSP defining common rules governing the control of exports of military technology and equipment) (updating and replacing the Common Military List of the European Union adopted by the Council on 17 February 2020 (OJ C 85, 13.3.2020, p. 1.)) (CFSP) (OJ C 100, 1.3.2022, pp. 3–35).

Consolidated version of the Treaty on European Union – Title V – General provisions on the Union’s external action and specific provisions on the common foreign and security policy – Chapter 2 – Specific provisions on the common foreign and security policy – Section 1 – Common provisions – Article 29 (ex Article 15 TEU) (OJ C 202, 7.6.2016, p. 33).

Consolidated version of the Treaty on the Functioning of the European Union – Part five – The Union’s external action – Title IV – Restrictive measures – Article 215 (ex Article 301 TEC) (OJ C 202, 7.6.2016, p. 144).

last update 30.01.2023

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