Democractic Republic of Congo

Initial Imposition of EU sanctions and Subsequent Amendments 

EU sanctions were first imposed on the DRC (then Zaire) in April 1993 in the form of an arms embargo in response to then-President Mobuto dissolving the government of Prime Minister Tshisekedi and violence in the country.

These measures included travel restrictions against senior officials within the Mobuto regime.

Following the First and Second Congo Wars, the arms embargo continued in 2002 in support of the Lusaka Ceasefire Agreement (2002/829/CFSP).

In 2005 the EU measures were brought into line with UN sanctions against the DRC. These measures expanded the arms embargo against armed groups to all recipients of weapons with the exception of the military and police that have completed integration.

They further included travel bans and asset freezes against those acting in violation of sanctions.

UN Sanctions

UN Sanctions are also in force against the DRC. In fact, EU sanctions since 2005 have been both implemented and rationalised to bring them in line with sanctions imposed by the Security Council (the original resolution being UNSCR 1493 and in particular also 1596).

Form of the Sanctions

Travel bans

Asset freezes

Arms embargo

Criteria for Inclusion in Targeted Measures

Those deemed to be acting in violation of the arms embargo. These typically include:

  • Military commanders of militias and armed groups
  • Business leaders and other individuals said to be involved in violating the embargo
  • Those hampering the efforts of humanitarian aid distribution.

Provisions in Force

Council Decision 2010/788/CFSP (OJ L 336, 20 December 2010) Contains: notice to listed persons/entities bodies; arms embargo; travel restrictions; and asset freezes

Amended by Council Implementing Decision 2011/699/CFSP (OJ L 276, 20 October 2011) – list of persons and entities subject to sanctions

Amended by Council Implementing Decision 2011/848/CFSP (OJ L 335, 16 December 2011) amendment to list of persons and entities subject to sanctions

Amended by Council Decision 2012/811/CFSP (OJ L 352, 20 December 2012) amendment to list of persons and entities subject to sanctions; to listing criteria; and to exceptions to travel bans

Amended by Council Implementing Decision 2013/46/CFSP (OJ L 20, 22 January 2013) amendment to list of persons and entities subject to sanctions

Amended by Council Decision 2014/147/CFSP (OJ L 79, 17 March 2014) additional exception to the arms embargo; amendment to listing criteria for asset freezes/travel bans

Amended by Council Implementing Decision 2014/862/CFSP to add 31 people and 9 entities to the list of those subject to asset freezes and travel bans

Amended by Decision 2016/1173 to update the designation criteria under the asset freeze and travel ban, and update the derogations under the arms embargo

Council Regulation (EC) No 889/2005 (OJ L 152, 13 June 2005) banning the provision of certain services

Amended by Council Regulation (EC) No 1377/2007 (OJ L 309, 26 November 2007) exception to the ban on provision of services

Amended by Council Regulation (EC) No 666/2008 (OJ L 188, 15 July 2008) amendment to ban on provision of services – excluding governmental bodies

Amended by Council Regulation (EU) No 517/2013 (OJ L 158 13 May 2013) enlargement of competent authorities

Amended by Council Regulation (EU) No 270/2014 (OJ L 79, 17 March 2014) exception to the ban on provision of services

Council Regulation (EC) No 1183/2005 (OJ L 193, 18 July 2005) containing a notice to listed persons/entities bodies; asset freezes

Amended by Council Regulation (EC) No 1791/2006 (OJ L 363, 20 November 2006) enlargement of competent authorities

Amended by Commission Implementing Regulation (EU) No 1097/2011 (OJ L 285, 25 October 2011) list of those persons and entities subject to sanctions

Amended by Commission Implementing Regulation (EU) No 7/2012 (OJ L 4, 5 January 2012) amendment to the list of persons and entities subject to sanctions

Amended by Commission Implementing Regulation (EU) No 1251/2012 (O L 352, 20 December 2012) amendment to the list of persons and entities subject to sanctions; and amendment to competent authorities

Amended by Commission Implementing Regulation (EU) 53/2013 (OJ L 20, 22 January 2013) amendment to the list of persons and entities subject to sanctions

Amended by Council Regulation (EU) No 517/2013 (OJ L 158, 13 May 2013) enlargement of the list of competent authorities

Amended by Council Regulation (EU) No 521/2013 (OJ L 156, 6 June 2013) changes in listing procedures

Amended by Council Regulation (EU) No 271/2014 (OJ L 79, 17 March 2014) changes to the listing criteria for asset freezes

Amended by Council Implementing Regulation (EU) No 1275/2014 (OJ L 346, 2 December 2014) to add 31 people and 9 entities to the list of those subject to asset freezes and travel bans

Amended by Council Regulation (EU) 2015/613 to expand the scope of sanctions designation criteria

Amended by Council Implementing Regulation 2015/614 to make corrections to listings and add further information, including citing International Criminal Court cases relating to the listed people and giving greater details on activities and crimes in which they are alleged to have been involved

Amended by Regulation 2016/1165 to update the designation criteria under the asset freeze and travel ban, and update the derogations under the arms embargo

Case Law

No case law available.

 

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