Cote d’Ivoire

Initial Imposition of EU Sanctions

EU sanctions on Côte d’Ivoire, and the UN sanctions which they implemented, have been fully lifted in view of what Secretary-General Ban Ki-Moon described as “the continued positive evolution of the situation in Côte d’Ivoire, including the successful conclusion of the presidential elections last year”.

UN Sanctions

UNSCR 2045 (2012)

UNSCR 1981 (2011)

UNSCR 1980 (2011)

UNSCR 1975 (2011) – targeted sanctions against President Gbagbo, his wife and close advisors because of their use of broadcast media to incite discrimination, hostility, hatred and violence

UNSCR 1946 (2010) – renewal of the sanctions in UNSCR 1572 (2004)

UNSCR 1842 (2008) – renewal of sanctions

UNSCR 1782 (2007)

UNSCR 1643 (2005) – prohibition of import/export of diamonds

UNSCR 1572 (2004) – arms embargo, bans on exports of equipment for internal repression, ban on provision of certain services, asset freezes, import ban on diamonds

Form of the Sanctions

Arms embargo

Bans on export of equipment which could be used for internal repression

Asset freezes

Bans on import of diamonds

Travel bans

Criteria for Inclusion in Targeted Measures

Those who constitute a threat to the peace and national reconciliation process in Cote d’Ivoire, in particular those who are determined as responsible for serious violations of human rights

Provisions in Force

Council Decision 2010/656/CFSP (Repealed)

  • Article 1: prohibition of the sale or export of arms and related material as well as equipment which might be used for internal repression. Also prohibited to provide technical or financial assistance
  • Article 3: direct and indirect import from Cote d’Ivoire to the EU is prohibited
  • Article 4: travel bans against those individuals listed
  • Article 5: asset freezes against those individuals listed
  • Annex includes listed individuals

Amended by Council Decision 2010/801/CFSP (23 December 2010) to add 19 individuals to a new Annex of individuals responsible for human rights violations in Cote d’Ivoire

Amended by Council Decision 2011/18/CFSP (15 January 2011) to add 66 individuals and 11 entities to the list

Amended by Council Decision 2011/221/CFSP (7 April 2011) to amend the list

Amended by Council Decision 2011/412/CFSP (13 July 2011) to provide derogations from the prohibition on arms in order to allow equipment intended solely for the support of the Ivorian process of Security Sector Reform

Amended by Council Implementing Decision 2012/144/CFSP (9 March 2012) to amend the entry for the Secretary-General under the Gbagbo regime, and to replace the Annex to Council Decision 2010/656/CFSP with a new Annex containing 7 persons

Amended Council Decision 2012/371/CFSP (11 July 2012) to exempt certain supplies from the prohibition on the transfer of equipment to Cote d’Ivoire

Amended by Council Decision 2014/460/CFSP (15 July 2014)

Amended by Council Implementing Decision (CFSP) 2015/118 (27 January 2015) to remove one individual from the list

Amended by Council Decision (CFSP) 2015/202 to add an exception to the ban on exports of equipment for internal repression

Amended by Council Implementing Decision (CFSP) 2015/621 to de-list 2 two people and update the entries for the 6 people who are still listed

Repealed by Decision (CFSP) 2016/917

Council Regulation (EC) No 174/2005 (31 January 2005) (Repealed)

  • Prohibition on the provision of technical and financial assistance related to military activities and equipment which might be used for internal repression

Amended by Commission Regulation (EC) No 1209/2005 (27 July 2005) to update details of competent authorities that can authorise derogations from the ban

Amended by Council Regulation (EU) No 1032/2010 (15 November 2010) to update details of banned equipment which might be used for internal repression

Amended by Council Regulation (EU) No 668/2011 (12 July 2011)

Amended by Council Regulation (EU) No 617/2012 (10 July 2012)

Amended by Council Regulation 517/2013 to enlarge the list of competent authorities

Amended by Council Regulation (EU) 2015/192 to add an exception to the ban on exports of equipment for internal repression

Repealed by Regulation 2016/907

Council Regulation (EC) No 560/2005 (12 April 2005)

  • Asset freezes against persons designated by the UNSC who constitute a threat to the peace and national reconciliation process in Cote d’Ivoire

Amended by Commission Regulation (EC) No 1240/2008 (10 December 2008) to replace the list in Council Regulation (EC) No 560/2005 with a new list of 3 natural persons

Amended by Council Regulation (EU) No 25/2011 (14 January 2011) to add 85 natural persons and 11 entities to the list

Amended by Council Regulation (EU) No 330/2011 (6 April 2011) to consolidate the list and to add 27 natural persons to the list

Amended by Council Implementing Regulation (EU) No 193/2012 (8 March 2012)

Amended by Council Implementing Regulation (EU) No 479/2014 (12 May 2014)

Amended by Council Implementing Regulation (EU) 2015/100 (27 January 2015) to de-list one person

Amended by Council Implementing Regulation (EU) 2015/615 to de-list 2 two people and update the entries for the 6 people who are still listed

Case Law

In Council of the European Union v Bamba (C-417/11 P) [2013] 1 CMLR 53, the Council appealed against the General Court’s decision that Bamba’s position as a director of a newspaper group was not enough to justify its inclusion in restrictive measures. The Council argued that the General Court erred in finding that the requirements of Article 296 TFEU were not met. The Council’s appeal was successful on the basis that, since Bamba had been in a position effectively to dispute the merits of the contested acts, the General Court had erred in ruling that the statement of reasons was insufficient to enable a review of the legality of the contested acts

 

 

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