EU UPDATES CAR AND SOUTH SUDAN SANCTIONS REGIMES

The EU has updated its sanctions regimes on the Central African Republic and South Sudan in accordance with resolutions adopted by the UN Security Council earlier this year. Both regimes impose EU-wide targeted asset freezes and travel bans, in addition to a general arms embargo on the countries.

Central African Republic

UN Security Council Resolution 2196 (2015) extends the designation criteria for people and entities said to be involved in criminally or politically motivated violence in the Central African Republic, and the EU has updated its own measures accordingly. The new criteria now encompass entities owned or controlled by designated persons, and add “gold” to the list of example natural resources that may not be illicitly exploited to provide support for armed groups or criminal networks.

The new measures also mandate that Member States seize, register, and dispose of any items they discover whose sale, transfer, or export is prohibited under the sanctions regime, and update the international missions mentioned to include the UN’s Minusca.

The changes are set out in Council Regulation (EU) 2015/734 amending Council Regulation (EU) 224/2014 and Council Decision (CFSP) 2015/739 amending Council Decision 2013/798/CFSP. HM Treasury’s updated guidance on CAR financial sanctions is here.

South Sudan

By way of implementing UN Security Council Resolution 2206 (2015), the EU has also consolidated its existing measures imposing sanctions on South Sudan with the new ones set out in that resolution. The new measures extend the designation criteria under the sanctions regime to include people and entities designated by the UN Security Council or the UN Committee established by the new Resolution. The Resolution also sets out the new Committee’s own designation criteria, which includes, inter alia, actions or policies that have the purpose or effect of extending the conflict in South Sudan, that threaten transitional agreements or undermine the country’s political process, or violate applicable human rights.

In accordance with this, the new EU measures stipulate that the EU Council shall list any entity designated under the above in the relevant annex, and that the measures shall be renewed or amended if the Council deems that their objectives have not been met and in light of decisions taken by the Security Council.

The changes are set out in Council Regulation (EU) 2015/735 repealing Council Regulation 748/2014 and Council Decision (CFSP) 2015/740 repealing Council Decision 2014/449/CFSP.  HM Treasury’s updated guidance on South Sudan financial sanctions is here, and the UK Regulations are here.

This entry was posted in Central African Republic, Latest EU Measures, South Sudan 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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