Restrictive measures in view of the situation in Guinea-Bissau

 

SUMMARY OF:

Decision 2012/285/CFSP concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of Guinea-Bissau

Regulation (EU) No 377/2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of Guinea-Bissau

WHAT IS THE AIM OF THE DECISION AND THE REGULATION?

They are part of the European Union’s (EU) common foreign and security policy (CFSP) toolbox, promoting CFSP objectives by providing the legal basis for EU sanctions in view of the situation in Guinea-Bissau following the military mutiny of 1 April 2010 and the coup d’état of 12 April 2012.

KEY POINTS

The decision and the regulation, which have been amended numerous times, require EU Member States to take measures to:

• prevent the entry into, or transit through, their territories of persons and their associates identified by the United Nations Security Council or United Nations Sanctions Committee as engaging in or providing support for acts that threaten the peace, stability or security of Guinea-Bissau (Annex I), along with those identified autonomously by the Council of the European Union (Annex II);
• freeze all funds and economic resources belonging to, owned, held or controlled by persons listed in Annex III;
• prohibit the provision of funds or economic resources to those same persons.

A list of the persons subject to these restrictive measures is set out in annexes to the decision and regulation. The Council decides on changes to those lists.

Derogations

The decision and the regulation both contain derogations from these measures, which include:

• the release of certain frozen assets for legitimate purposes;
• travel on humanitarian grounds.

Humanitarian exemptions

In July 2023, having reviewed the measures in view of the situation in Guinea-Bissau, the Council concluded that a humanitarian exemption applicable to certain people or entities, as listed in United Nations Security Council Resolution 2664 (2022), should be introduced in relation to the EU’s complementary measures concerning the freezing of funds and economic resources. Accordingly, Decision (CFSP) 2023/1598 and Regulation (EU) 2023/1593 amend Decision 2012/285/CFSP and Regulation (EU) No 377/2012 respectively.

FROM WHEN DO THE DECISION AND THE REGULATION APPLY?

• The decision has applied since 1 June 2012.
• The regulation has applied since 4 May 2012.

BACKGROUND

For further information, see:

• The European Union and the Republic of Guinea-Bissau (European External Action Service)
• Delegation of the European Union to the Republic of Guinea-Bissau (European External Action Service).

MAIN DOCUMENTS

Council Decision 2012/285/CFSP of 31 May 2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau and repealing Decision 2012/237/CFSP (OJ L 142, 1.6.2012, pp. 36–46).

Successive amendments to Decision 2012/285/CFSP have been incorporated into the original text. This consolidated version is of documentary value only.

Council Regulation (EU) No 377/2012 of 3 May 2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau (OJ L 119, 4.5.2012, pp. 1–8).

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 26.04.2024