Restrictive measures against ISIL/Da’esh and Al-Qaeda

KEY POINTS

Regulation (EC) No 881/2002

• The regulation requires all funds and economic resources belonging to, owned, held or controlled, either directly or indirectly, by persons, entities, bodies or groups listed in its Annex I and Annex Ia, including by a third party acting on their behalf or at their direction, to be frozen.
• No funds or economic resources can be made available, directly or indirectly, to, or for the benefit of, natural or legal persons, entities, bodies or groups listed in Annex I. This prohibition also relates to funds and economic resources used for the provision of internet hosting and related services used for the support of these persons, for the payment of ransoms or for the direct or indirect trade in oil products, modular refineries and related material including chemicals and lubricants, along with other natural resources.

Decision (CFSP) 2016/1693 and Regulation (EU) 2016/1686

In September 2016, the Council of the European Union adopted a decision and a regulation which permitted the EU, for the first time, to apply sanctions autonomously to ISIL or Al-Qaeda and individuals, groups, undertakings or entities supporting them. Previously, sanctions could only be applied to persons and entities listed by the United Nations or by EU Member States acting individually. These two acts have been amended over time and they:

• prohibit the direct or indirect supply, sale, transfer or export of arms or related military equipment of all types, including:
  • weapons and ammunition,
  • military vehicles and equipment,
  • paramilitary equipment and spare parts;
• ban the supply of technical assistance, brokering services and other services relating to military activities and to the provision, manufacture, maintenance and use of arms and related military equipment;
• ban the supply of financing or financial assistance related to military activities, including in particular:
  • grants, loans and export credit insurance,
  • insurance and reinsurance for any sale, supply, transfer or export of arms and related military equipment,
  • related technical assistance, brokering services and other services directly or indirectly to any individual, group, undertaking or entity;
• introduce a travel ban on individuals:
  • the Annex to the decision sets out the list of individuals whom Member States must prevent from entering or transiting through their territories,
  • the Annex may be amended by a unanimous decision of the Council;
• introduce an asset freeze on individuals and companies that are identified as being associated with ISIL or Al-Qaeda:
  • Annex I to the regulation lists the individuals, companies, entities and bodies whose funds and economic resources will be frozen (including by a third party acting on their behalf or at their direction),
  • no funds or economic resources will be made available, directly or indirectly, to these individuals, companies, entities or bodies,
  • the Council reviews Annex I at regular intervals and at least every 12 months.