EU restrictive measures in view of the situation in Yemen

KEY POINTS

Restrictive measures

The decision and the regulation, which have been amended by implementing acts numerous times, set out restrictive measures to be imposed on the listed people and entities, including:

• a ban on military technical assistance and on providing, manufacturing, maintaining and using arms and any related equipment, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts, directly or indirectly;
• a ban on financial assistance for military activities, including grants, loans and export credit insurance, and on insurance for the sale, supply, transfer or export of arms and related equipment or for providing technical assistance, directly or indirectly;
• a freeze on funds and economic resources, with no new funds made available directly or indirectly.

Exceptions

European Union (EU) Member States can authorise exceptions, provided that the funds are to facilitate the work of the United Nations (UN) and other humanitarian organisations in Yemen, as agreed by the UN Sanctions Committee, or that funds are:

• to satisfy basic needs, including payment for food, rent, medicines, taxes and public utilities;
• to pay for reasonable professional fees;
• to pay fees for holding the frozen funds;
• the subject of a prior judicial or administrative lien¹ or to satisfy claims secured by such a lien, provided the listed people or entities do not benefit;
• payments due under a prior contract or agreement and that do not breach sanctions.

People and entities subject to sanctions

The people and entities listed in Annex I to the regulation are identified by the UN Sanctions Committee as engaging in or providing support for acts that threaten the peace, security or stability of Yemen, including:

• obstructing or undermining political transition, as outlined in the Gulf Cooperation Council initiative and the Agreement on the Implementation Mechanism;
• impeding the implementation of the outcomes of the final report of the National Dialogue Conference through violence or attacks on essential infrastructure;
• planning, directing or committing acts in Yemen that violate international human rights or humanitarian law, including sexual violence and recruiting children in armed conflict in violation of international law;
• violating the arms embargo or obstructing humanitarian assistance to Yemen.

Humanitarian exemptions

Following 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 people or entitiess.