Afghanistan

Initial Imposition of EU Sanctions & Subsequent Amendments

The EU first imposed restrictive measures against Afghanistan (though directed at Osama bin Laden, the Al-Qaeda network and the Taliban) in May 2002.

UN Sanctions

UNSCR 1988 (2011) – establishes the Afghanistan sanctions regime, aims to help the Government of Afghanistan reconcile with defecting members of the Taliban.

UNSCR 1974 (2011) – requires all UN States to implement asset freezes, travel bans and arms bans against individuals or entities associated with Al-Qaeda, the Taliban or Osama bin Laden.

Supplemented inter alia by UNSCR 1333 (2000) which created lists of ‘individuals associated with the Taliban’ (Section A) and ‘entities and other groups and undertaking associated with the Taliban’ (Section B).

Also supplemented by UNSCRs 1390 (2002), 1455 (2003), 1526 (2004), 1617 (2005), 1735 (2006), 1822 (2008).

Form of the Sanctions

Asset freezes

Travel bans

Arms embargoes

Criteria for Inclusion in Targeted Measures

Those individuals or entities who were listed in the Consolidated List of the 1267 Committee or have been designated by the Sanctions Committee as being individuals or entities shown to have connections with Al-Qaeda, Osama bin Laden and/or the Taliban.

Provisions in Force

Council Decision 2011/486/CFSP (2 August 2011)

  • Article 2: Prohibition on the sale or transfer of arms to those within Sections A and B of UNSCR 1330 (2000)
  • Article 3: Travel bans on those same persons and entities
  • Article 4: Asset freezes on those same persons and entities
  • Article 6: obligation to communicate the act of listing to those that have been listed
  • Annex recreates the lists found in UNSCR 1330 (2000). Section A contains 123 individuals. Section B is empty

Amended by Council Implementing Decision 2012/167/CFSP (24 March 2012) to add a further 8 individuals to Section A of the Annex

Amended by Council Implementing Decision 2012/334/CFSP (26 June 2012) to provide updated information for 15 individuals in Section A of the Annex

Amended by Council Implementing Decision 2012/393/CFSP (17 July 2012) to add a further 3 individuals to Section A of the Annex (though 2 others are deleted). 2 entities are added to Section B of the Annex

Amended by Council Implementing Decision 2012/454/CFSP (2 August 2012) to remove 2 individuals from Section A of the Annex

Amended by Council Implementing Decision 2012/745/CFSP (4 December 2012) to provide updated information for 19 individuals in Section A of the Annex and 1 entity in Section B of the Annex. 1 individual is added to Section A and 1 entity is added to Section B

Amended by Council Implementing Decision 2013/73/CFSP (1 February 2013) to provide updated information for 1 individual in Section A. 3 individuals are deleted from Section A

Amended by Council Implementing Decision 2013/219/CFSP (17 May 2013) to add 1 individual to Section A. Updated information is provided for 9 individuals in Section A

Amended by Council Implementing Decision 2014/140/CFSP (14 March 2014) to amend the entries for 4 natural persons and 1 entity, and to delete 1 natural person from the list

Amended by Council Implementing Decision 2014/142/CFSP (14 March 2014) to amend the entries for 41 Taliban associates

Amended by Council Implementing Decision 2014/701/CFSP (OJ L 293, 9 October 2014) to add an additional five natural persons associated with the Taliban to the list and amend the identifying information for 14 listed persons

Council Regulation (EU) No 753/2011 (2 August 2011)

  • Article 2: Prohibition on the provision of technical assistance related to goods and technology listed in the Common Military List of the EU
  • Article 3: Asset freezes on those persons or entities in Annex I
  • Article 5: Competent authorities of Member States may authorise derogations from Article 3 for basic expenses, payment of professional fees or service charges for maintenance of frozen funds
  • Article 7: exclusion of liability for those maintaining frozen funds unless they do so negligently
  • Article 11: duty of the Council to include and publish the grounds for listing
  • Annex I includes 123 targeted individuals
  • Annex II includes competent authorities for the purposes of Article 5

Amended by Council Implementing Regulation (EU) No 263/2012 (24 March 2012) to provide updated information regarding those individuals in Annex I and to add a further 8 individuals to the list

Amended by Council Implementing Regulation (EU) No 543/2012 (26 June 2012) to provide updated information for 15 individuals on the list

Amended by Council Implementing Regulation (EU) No 643/2012 (17 July 2012) to add 3 individuals and 2 entities to the list. 2 individuals are deleted from the list

Amended by Council Implementing Regulation (EU) No 705/2012 (2 August 2012) to delete 2 individuals from the list

Amended by Council Implementing Regulation (EU) No 1139/2012 (4 December 2012) to provide updated information regarding 19 individuals and 1 entity on the list. 1 individual and 1 entity are added to the list

Amended by Council Implementing Regulation (EU) No 86/2013 (1 February 2013) to provide updated information regarding 1 individual on the list. 3 individuals are deleted from the list

Amended by Council Implementing Regulation (EU) No 261/2013 (22 March 2013) to provide updated information regarding 2 individuals on the list. 1 individual is added to the list

Amended by Council Implementing Regulation (EU) No 451/2013 (17 May 2013) to provide updated information regarding 9 individuals on the list. 1 individual is added to the list

Amended by Council Implementing Regulation (EU) No 263/2014 (14 March 2014) to amend the entries for 41 Taliban associates

Amended by Council Implementing Regulation (EU) No 261/2014 (14 March 2014) to amend the entries of 4 natural persons and 1 entity on the list, and to delete 1 natural person from the list

Amended by Council Implementing Regulation (EU) No 1057/2014 (OJ L 293, 9 October 2014) to add an additional five natural persons associated with the Taliban to the list and amend the identifying information for 14 listed persons

Case Law

In M v HM Treasury [2006] EWHC 2328 (Admin); [2007] ACD 34, the claimant wives of listed persons brought judicial review proceedings against a decision of HM Treasury refusing to pay them social security benefits on the grounds that these benefits fell within the provisions of UNSCR 1390 (2002) and corresponding EU Regulations. Judge Kenneth Parker QC held that these benefits in fact were obviously within the wording of the EU Regulations and accordingly the claim failed.

 

 

 

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