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Sweden Explains It All: EU Somalia Sanctions

This is why the sanctions came into force:

Since dictator Siad Barre was overthrown in 1991, Somalia has lacked a functioning central power and the country has been marked by serious instability. During the period 2004-2012, Somalia was governed by a Transitional Federal Government (TFG). Following the transitional period, a new parliament was appointed which elected a new president, Hassan Sheikh Mohamud. The new government has inspired hopes of a change in the country's political situation, but many challenges remain. The government has not yet been able to regain control of large areas in southern and middle Somalia, which remain under the control of the militant Islamist movement al-Shabaab. In light of continuing instability in the country, the sanctions described below remain in place.

In 1992, the UN Security Council passed Resolution 733 (1992) on an arms embargo with the aim of curbing the extensive flow of weapons into Somalia. The arms embargo is still in force today, although certain amendments and additions have been made through Resolutions 1356 (2001), 1425 (2002), 1916 (2010), 2002 (2011) and 2093 (2013).

In 2008, the UN Security Council passed Resolution 1844 on the possibility of introducing targeted sanctions against persons or entities that seek to prevent a peaceful political process or threaten the transitional institutions or the African Union Mission in Somalia (AMISOM), that have breached the arms embargo or that obstruct the delivery of humanitarian assistance. Under the Resolution, the persons designated by the UN Security Council Sanctions Committee for Somalia are subject to travel restrictions and an assets freeze. In April 2010, the Sanctions Committee decided that certain individuals and one organisation (al-Shabaab) should be covered by the restrictive measures. In July 2011 and February 2012, the Sanctions Committee updated the list of persons and entities covered by the sanctions. UN Security Council Resolution 2002 (2011) expanded the criteria for inclusion on the list to include military leaders who recruit or use child soldiers in armed conflicts in Somalia in contravention of applicable international law, and for individuals or entities that violate international law on violence against civilians in armed conflict. This includes killing and maiming, sexual and gender-based violence, attacks against schools and hospitals, and abduction and forced displacement. UN Security Council Resolution 2093 (2013) additionally updated the criteria for inclusion on the list.

Eritrea is considered to have actively fuelled the conflict in Somalia by providing assistance to armed opposition groups that employ terrorist methods in the country. The UN Security Council therefore adopted Resolution 1907 (2009) on restrictive measures against Eritrea. These sanctions are described separately on this website. They include an obligation for Member States to inspect all cargo to and from Somalia, except for cargo to and from Eritrea. Below is a description of the inspection regime regarding Somalia.

The export of charcoal has been used by al-Shabaab to finance its activities. In February 2012, the UN Security Council passed Resolution 2036 (2012), which enjoins UN Member States to take the necessary measures to prevent the import of charcoal from Somalia, whether or not the charcoal originated in Somalia.

The EU has implemented the sanctions and lists decided on by the UN Security Council and the Sanctions Committee.

And here is the list of current sanctions:

1. Arms embargo

The direct or indirect supply, sale or transfer of arms and related materiel of all types, including weapons and ammunition, military vehicles and military equipment, paramilitary equipment, and associated spare parts, to Somalia from nationals of EU Member States or from the territories of Member States is prohibited, whether this materiel originated in their territories or not. Exemptions may be made with regard to arms and related materiel that are intended for AMISOM, for AMISOM's strategic partners, for the development of Somalia's institutions in the security sector, for the development of security forces answerable to Somalia's federal government, for humanitarian use or for protection of institution building programmes of the EU or its Member States, and of UN personnel, etc., or for use by the UN Political Office for Somalia (UNPOS) or its subsequent mission in Somalia (UNSOM). Exemptions, which can also be used by regional organisations, are subject to restrictions such as an obligation to inform the Sanctions Committee, which can refuse to grant an exemption.

Correspondingly, it is prohibited to directly or indirectly provide technical or financial assistance or to carry out training activities related to matters covered by the arms embargo. Corresponding exemptions apply.

Inspection of cargo

All Member States are to inspect, in their territory, including seaports and airports, all sea and air transports to and from Somalia, if the state concerned has information that provides reasonable grounds to believe the cargo contains items covered by the arms embargo. Ships and aircraft carrying cargo to or from Somalia must declare their cargo prior to departure or arrival.

2. Freezing of assets

Financial assets and economic resources within the Member States' territories and owned or controlled, directly or indirectly, through persons or entities designated by the Sanctions Committee shall be frozen. It is also prohibited to make funds available to those designated by the Committee. The grounds for being listed are that a person or entity has conducted or provided support to actions that threaten the peace, security or stability in Somalia, including the peace and reconciliation process in Somalia, or has made violent threats against the federal government in Somalia or AMISOM, has violated the arms embargo or has prevented the supply and distribution of, and access to, humanitarian assistance in or to Somalia. Furthermore, in accordance with subsequent additions to the fundamental provisions of UN resolutions, political and military leaders who recruit child soldiers and persons responsible for war crimes may be added to the list. Exemptions to the freeze, for example to cover basic expenses such as food, medicines, rent or taxes, may be granted by a national authority after the Sanctions Committee has been notified. Moreover, exemptions may be made to make accessible funds and resources to safeguard the delivery of humanitarian assistance to Somalia by the UN and humanitarian organisations, etc.

3. Travel restrictions

All EU Member States are to take the necessary measures to prevent the entry into or transit through their territories of individuals designated by the Sanctions Committee. The grounds for being listed are the same as those for the freezing of assets outlined above. The restrictions are not to entail an obligation on the states to deny entry to their own citizens.

4. Prohibition on the import of charcoal

It is prohibited to import charcoal from Somalia, regardless of whether or not the charcoal originates from that country. It is also prohibited to buy or transport charcoal that comes from Somalia, even if the transport is not destined for the EU. It is also prohibited to provide financial assistance to the trade in and transport of charcoal, as well as to insure such transports.

And these are the EU documents relevant to these sanctions:

The UN resolutions have been implemented in the EU through the adoption of various common positions, Council decisions and Council regulations. These legal instruments have later been amended following amendments to the Security Council resolutions.

The Council of the European Union adopted Common Position 2002/960/CFSP in connection with the arms embargo imposed by the UN Security Council. The sanctions that apply in the EU are now gathered in Council Decision 2010/231/CFSP, which was adopted on 26 April 2010. To update the Sanctions Committee's list of persons targeted by restrictive measures in July 2011, and to implement Security Council Resolution 2002 (2011) concerning the grounds for the sanctions, Council Decision 2010/231/CFSP was updated through Council Decision 2011/635/CFSP. To implement Security Council Resolution 2036 (2012), the Council adopted in July 2012 Council Decision 2012/388/CFSP, adding to and amending Council Decision 2010/231/CFSP. The update involved a prohibition on the import of charcoal. At the same time a person previously listed by the Sanctions Committee was included on the list of persons subject to restrictive measures under Decision 2010/231/CFSP. To implement Security Council Resolution 2060 (2012), the Council adopted in October 2012 Council Decision 2012/633/CFSP, which added a further exemption from the arms embargo for supplies, etc. for use by the UN Political Office for Somalia. Additions were also made to the EU list of persons subject to the restrictive measures in accordance with a decision by the Sanctions Committee. Council Decision 2013/201/CFSP made some adjustments to the arms embargo and updated the criteria for inclusion on the list.

The parts of the sanctions covered by EU law are regulated in Council Regulation (EC) No 147/2003, amended through Council Regulations (EU) Nos 631/2007, 1137/2010, 642/2012, 941/2012 and 431/2013. The freezing of assets is regulated in Council Regulation (EU) No 356/2010, updated through Council Regulations (EU) No 641/2012 and 432/2013. Additions and amendments to the sanctions lists have been made through Council Implementing Regulations (EU) Nos 956/2011 and 943/2012, and Council Regulation (EU) No 641/2012.

Link:
Sweden EU Somalia sanctions page