Regulation (EC) No 881/2002 seeks to introduce specific restrictive measures to be taken against Usama bin Laden, members of the Al-Qaeda organisation, the Taliban and other persons, groups, undertakings and bodies associated with them by reason of their role in terrorism. It implements Common Position 2002/402/CFSP (later repealed by Decision (CFSP) 2016/1693 – see next bullet point), which gave effect in European Union (EU) law to a series of United Nations Security Council resolutions on the issue.
Decision (CFSP) 2016/1693 repeals and replaces Common Position 2002/402/CFSP concerning restrictive measures against members of the ISIL (Da’esh) and Al-Qaeda organisations, and individuals and companies associated with or supporting them. It introduces an asset freeze to target natural or legal persons, entities or bodies that meet the relevant criteria.
Regulation (EU) 2016/1686 seeks to implement the EU’s autonomous measures in Decision (CFSP) 2016/1693 to further fight the international terrorist threat posed by 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.

FROM WHEN DO THE REGULATIONS AND THE DECISION APPLY?

Regulation (EC) No 881/2002 has applied since 30 May 2002.
Decision (CFSP) 2016/1693 and Regulation (EU) 2016/1686 have applied since 22 September 2016.

BACKGROUND

European Union sanctions (European External Action Service).

MAIN DOCUMENTS

Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan (OJ L 139, 29.5.2002, pp. 9–22).

Successive amendments to Regulation (EC) No 881/2002 have been incorporated into the original document. This consolidated version is of documentary value only.

Council Decision (CFSP) 2016/1693 of 20 September 2016 concerning restrictive measures against ISIL (Da’esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them and repealing Common Position 2002/402/CFSP (OJ L 255, 21.9.2016, pp. 25–32).

See consolidated version.

Council Regulation (EU) 2016/1686 of 20 September 2016 imposing additional restrictive measures directed against ISIL (Da’esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them (OJ L 255, 21.9.2016, pp. 1–11).

See consolidated version.

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

SUMMARY OF:

WHAT IS THE AIM OF THE REGULATIONS AND THE DECISION?

KEY POINTS

FROM WHEN DO THE REGULATIONS AND THE DECISION APPLY?

BACKGROUND

MAIN DOCUMENTS

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