EU restrictive measures in view of the situation in Yemen

 

SUMMARY OF:

Decision 2014/932/CFSP concerning restrictive measures in view of the situation in Yemen

Regulation (EU) No 1352/2014 concerning restrictive measures in view of the situation in Yemen

WHAT IS THE AIM OF THE DECISION AND THE REGULATION?

The decision and regulation are part of the European Union’s (EU) common foreign and security policy (CFSP) tool box, promoting the CFSP objectives by providing the legal basis for EU ‘sanctions’ 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 lien* 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.

FROM WHEN DO THE DECISION AND REGULATION APPLY?

Decision 2014/932/CFSP and Regulation (EU) No 1352/2014 have applied since 19 December 2014.

BACKGROUND

For further information, see:

• EU–Yemen relations (European Union External Action Service).

KEY TERMS

MAIN DOCUMENTS

Council Decision 2014/932/CFSP of 18 December 2014 concerning restrictive measures in view of the situation in Yemen (OJ L 365, 19.12.2014, pp. 147–151).

Successive amendments to Decision 2014/932/CFSP have been incorporated into the original text. This consolidated version is of documentary value only.

Council Regulation (EU) No 1352/2014 of 18 December 2014 concerning restrictive measures in view of the situation in Yemen (OJ L 365, 19.12.2014, pp. 60–69).

See consolidated version.

RELATED DOCUMENTS

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 17.02.2023