Restrictive measures in view of the situation in Mali

KEY POINTS

The decision and the regulation, which have been amended numerous times:

• freeze all funds and economic resources owned, held or controlled by individuals, companies and bodies identified by the United Nations Security Council or the United Nations Sanctions Committee listed in Annex I and of those persons, entities or bodies designated by the Council of the European Union in Annex Ia to the regulation;
• prohibit any active involvement in trying to circumvent the sanctions;
• require EU Member States to:
  • prevent individuals listed in Annexes I and II to the decision from entering into or transiting through their territory,
  • apply penalties for breaches of the sanctions,
  • designate national authorities to implement the regulation (Annex II to the regulation).

Annexes I and Ia to the regulation:

• list individuals and bodies fighting against the peace agreement, obstructing its implementation and delivery of humanitarian aid, and recruiting child soldiers;
• explain why they are being targeted;
• give information about the names on the list so they can be identified.

Exceptions

The decision and regulation allow frozen funds to be released under certain conditions. These cover:

• meeting the basic needs of individuals and their families;
• payment of reasonable professional fees, legal services or expenses;
• humanitarian assistance, transfer of aid workers and evacuations;
• funds for official diplomatic, consular or international organisational use;
• travel on urgent humanitarian grounds, to attend key international meetings or as part of a judicial process.

The restrictive measures apply:

• within the EU, including its airspace;
• on board EU aircraft and vessels;
• to EU nationals and businesses, both inside and outside EU territory;
• to any individual or company doing business in any part of the EU.

Humanitarian exemptions

In accordance with United Nations Security Council Resolution 2664 (2022), Council Regulation (EU) 2023/720 and Council Decision (CFSP) 2023/726 introduce into EU law an exemption to the asset freeze measures for timely delivery of humanitarian assistance and other relief activities carried out by UN programmes, international organisations and non-governmental organisations participating in UN humanitarian response plans and other appropriate bodies.

Providers relying on the humanitarian exemption must make reasonable efforts to minimise the accrual of any benefits prohibited by sanctions to listed individuals or entities.