Restrictive measures in view of the situation in Niger

 

SUMMARY OF:

Council Decision (CFSP) 2023/2287 on restrictive measures in view of the situation in Niger

Council Regulation (EU) 2023/2406 on restrictive measures in view of the situation in Niger

WHAT IS THE AIM OF THE DECISION AND THE REGULATION?

• The decision and the regulation are part of the European Union’s (EU) common foreign and security policy (CFSP) toolbox, promoting the CFSP’s objectives by providing the legal basis for EU sanctions in view of the situation in Niger following the coup d’état on 26 July 2023.
• The sanctions support the efforts of the Economic Community of West African States to bring a swift return to constitutional order in Niger.

KEY POINTS

Persons and entities subject to sanctions

The decision and regulation target those persons and entities, along with their associates, responsible for:

• actions or policies that threaten the peace, stability or security of Niger;
• undermining the constitutional order in Niger;
• undermining democracy or the rule of law in Niger, including the arbitrary detention of democratically elected authorities of Niger;
• planning, directing or committing acts in Niger that constitute serious human rights violations or abuses or violations of international humanitarian law.

Restrictive measures

These persons and entities are subject to:

• the freezing of funds and economic resources, including a ban on providing funds to such persons and entities;
• a refusal of entry into EU territory.

The persons subject to these measures are listed in the annexes to the regulation and decision. The Council of the European Union decides on changes to that list.

Exemptions

The decision and regulation both allow exemptions from these measures, which include:

• following United Nations Security Council Resolution 2664 (2022), Council Regulation (EU) 2023/331 and Council Decision (CFSP) 2023/338, a legal 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 entities;
• the release of certain frozen assets for other legitimate purposes such as:
  • 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.

FROM WHEN DO THE DECISION AND REGULATION APPLY?

Decision (CFSP) 2023/2287 and Regulation (EU) 2023/2406 have applied since 25 October 2023.

BACKGROUND

For further information, see:

• The European Union and Niger (European External Action Service).

MAIN DOCUMENTS

Council Decision (CFSP) 2023/2287 of 23 October 2023 concerning restrictive measures in view of the situation in Niger (OJ L, 2023/2287, 24.10.2023).

Council Regulation (EU) 2023/2406 of 23 October 2023 concerning restrictive measures in view of the situation in Niger (OJ L, 2023/2406, 24.10.2023).

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).

Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, pp. 73–117).

Successive amendments to Directive (EU) 2015/849 have been incorporated into the original text. This consolidated version is of documentary value only.

Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, pp. 349–496).

See consolidated version.

Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, pp. 1–337).

See consolidated version.

Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, pp. 1–101).

See consolidated version.

last update 15.01.2024