EU UPDATES 3 AFRICA SANCTIONS REGIMES

The EU has published measures updating its sanctions regimes on the Democratic Republic of the Congo, Côte d’Ivoire, and Zimbabwe.

Democratic Republic of the Congo

The EU has extended the scope of its designation criteria for people and entities under its Democratic Republic of Congo (DRC) sanctions regime to implement changes made by the UN Security Council in Resolution 2198 (2015).  The sanctions regime imposes travel restrictions and an EU-wide asset freeze.

The wording of the list of example acts which constitute engaging in or providing support for acts that undermine the peace, stability, or security of the DRC has been amended, and 3 further examples have been added:

  1. acting on behalf of or at the direction of a designated individual or entity, or entity under their ownership or control;
  2. planning, directing, sponsoring, or participating in attacks against MONUSCO peacekeepers or UN personnel;
  3. providing financial, material, or technological support for, or goods or services to, a designated individual or entity.

The updates are set out in Council Regulation (EU) 2015/613 amending Council Regulation (EC) 1183/2005 and repealing Council Regulation (EC) 889/2005 and Council Decision (CFSP) 2015/620 amending Council Decision 2010/788/CFSP.

The EU has also updated its DRC sanctions listings in accordance with UN updates published on 5 February 2015, making corrections and adding further information.  Amongst other things, the additions cite International Criminal Court cases concerning the listed people and give greater detail on activities and crimes which they are alleged to have perpetrated.  The updates are set out in Council Implementing Regulation (EU) 2015/614 implementing Council Regulation (EC) 1183/2005 and Council Decision (CFSP) 2015/620 amending Council Decision 2010/788/CFSP.

Côte d’Ivoire

The EU has removed Pascal N’Guessan from its Côte d’Ivoire sanctions listings and updated the entries for the 6 people still listed under UN sanctions.  The changes implement updates made by the UN Security Council and are set out in Council Implementing Regulation (EU) 2015/615 implementing Council Regulation (EC) 560/2005 and Council Implementing Decision (CFSP) 2015/621 implementing Council Decision 2010/656/CFSP.

In addition, following the General Court’s judgment in Gossio v Council T-406/13, which annulled the listing of Marcel Gossio, his entry has been removed. 

Zimbabwe

The names of 5 people who have died have been deleted from the EU’s Zimbabwe sanctions.  The deletions are made by Council Regulation (EU) 2015/612 amending Council Regulation (EC) 314/2004 and Council Decision 2015/277/CFSP amending Council Decision 2011/101/CFSP.

This entry was posted in Democratic Republic of the Congo, Ivory Coast, Latest EU Measures, Zimbabwe by Michael O'Kane. Bookmark the permalink.

About Michael O'Kane

Michael O’Kane is a partner and Head of the Business Crime team at leading UK firm Peters & Peters. Described as ‘first-rate’ (Legal 500 2012), he “draws glowing praise from commentators” (Chambers 2013) for handling the international aspects of business crime, including sanctions, extradition and mutual legal assistance. Called to the Bar in 1992 and prior to joining Peters & Peters he was a senior specialist prosecutor at the Crown Prosecution Service Headquarters(CPS). At CPS HQ he was a key member of a small specialist unit responsible for the prosecution of serious and high profile fraud, terrorist and special interest criminal matters including the Stansted Airport Afghan hijacking and the prosecution of Paul Burrell (Princess Diana’s butler). Michael joined Peters & Peters in 2002. He became a partner in May 2004, and Head of the Business Crime team in May 2009. Since joining Peters & Peters, Michael has dealt with a wide range of business crime matters. He has particular expertise in international sanctions, criminal cartels, extradition, corruption, mutual legal assistance, and FSA investigations. Described as“ an influential practitioner in fraud and regulatory work, so much so that he is top of the referral lists of many City firms for independent advice for directors” (The Lawyer’s Hot 100 2009), he was recognised as one of the UK’s most innovative lawyers in the 2011 FT Innovative Lawyer Awards and included in the list of the UK's leading lawyers in 'The International Who's Who of Asset Recovery 2012. In 2012 he was the winner of the Global Competition Review Article of the Year. Michael regularly appears on television and radio to discuss his specialist areas and he is the author of the leading textbook on the UK Criminal Cartel Offence “The Law of Criminal Cartels-Practice and Procedure” (Oxford University Press 2009). Recent/Current Sanctions Work • Representing 109 individuals and 12 companies subject to designation by the European Council under targeted measures imposed against Zimbabwe. This is the largest and most complex collective challenge to a sanctions listing ever brought before the European Court. • Acting for a former Egyptian Minister and his UK resident wife, challenging their designation by the European Council of Ministers under targeted measures brought against former members of the Egyptian Government. • Advising a company accused in a UN investigation report to have breached UN sanctions imposed in relation to Somalia. • Advising a UK company in relation to ongoing commercial relationships with an Iranian company listed under both EU and UN sanctions. • Advising an individual in relation to a UK investigation for alleging breaching nuclear export controls.

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