INTERNATIONAL SANCTIONS OCTOBER 2021

2021-11-02 International Sanctions Newsletters

INTERNATIONAL SANCTIONS OCTOBER 2021

1. EUROPEAN UNION

RUSSIA

On 11 October 2021, regarding Council Regulation (EU) No. 269/2014 of 17 March 2014 concerning restrictive measures with regard to actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine (1), in particular Article 14, paragraph 1;

- The European Union does not recognise the illegal annexation of Crimea and Sevastopol by the Russian Federation;

- Since the illegal annexation of the Autonomous Republic of Crimea and the city of Sevastopol, the Russian Federation has not ceased its efforts to bring these occupied territories under its rule. In particular, the Russian Federation uses its judicial power to oppress opponents of its illegal annexation of Crimea and Sevastopol;

- The responsibility for implementing Russian law in the illegally occupied territory of Crimea and Sevastopol lies with a number of judges, prosecutors and law enforcement officials. These individuals have taken biased decisions in numerous politically motivated criminal prosecutions, prosecuted pro-Ukrainian activists or reinforced the campaign of oppression against opponents of the illegal annexation.

- The Council considers that eight persons should be added to the list of persons, entities and bodies subject to restrictive measures in Annex I to Regulation (EU) No. 269/2014 for their role in relation to the undermining or threatening of the territorial integrity, sovereignty and independence of Ukraine.

CHEMICAL WEAPONS

On 12 October 2021, Council Decision (CFSP) 2021/1799 of 11 October 2021 amending Decision (CFSP) 2018/1544[1] concerning restrictive measures against the proliferation and use of chemical weapons (extension of the decision) was published in the Official Journal of the European Union.

Decision (CFSP) 2018/1544 applies until 16 October 2021. On the basis of a review of that Decision, the restrictive measures provided for therein should be extended until 16 October 2022.

NICARAGUA

On 12 October 2021, Council Decision (CFSP) 2021/1800 of 11 October 2021 amending Decision (CFSP) 2019/1720[2] concerning restrictive measures in view of the situation in Nicaragua was published in the Official Journal of the European Union.

Decision (CFSP) 2019/1720 is applicable until 15 October 2021. On the basis of a review of that Decision, the restrictive measures provided for therein should be extended until 15 October 2022.

CENTRAL AFRICAN REPUBLIC

On 19 October 2021, Council Decision (CFSP) 2021/1823 of 18 October 2021 amending Decision 2013/798/CFSP[3] concerning restrictive measures against the Central African Republic was published in the Official Journal of the European Union.

On 23 December 2013, the Council adopted Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic. On 29 July 2021, the United Nations Security Council adopted Resolution 2588 (2021), which extends the exemptions to the arms embargo and the scope of the restrictive measures. Further action by the Union is needed in order to implement certain measures. Decision 2013/798/CFSP should therefore be amended accordingly.

ANTITERRORISM

On 19 October 2021, Council Decision (CFSP) 2021/1825 of 18 October 2021 amending Decision (CFSP) 2016/1693[4] concerning restrictive measures against ISIS (Da’esh) and Al-Qaida and individuals, groups, undertakings and entities associated with them was published in the Official Journal of the European Union.

On 20 September 2016, the Council adopted Decision (CFSP) 2016/1693. The restrictive measures set out in Article 2, paragraph 2 and in Article 3, paragraphs 3 and 4, of Decision (CFSP) 2016/1693 apply until 31 October 2021. On the basis of a review of that Decision, the restrictive measures should be extended until 31 October 2022. Decision (CFSP) 2016/1693 should therefore be amended accordingly.

BURUNDI

On 19 October 2021, Council Decision (CFSP) 2021/1826 of 18 October 2021 amending Decision (CFSP) 2015/1763[5] concerning restrictive measures in view of the situation in Burundi was published in the Official Journal of the European Union.

On 1 October 2015, the Council adopted Decision (CFSP) 2015/1763 concerning restrictive measures in view of the situation in Burundi. It follows on from the review of Decision (CFSP) 2015/1763 that the restrictive measures should be extended until 31 October 2022. Decision (CFSP) 2015/1763 should therefore be amended accordingly.

DEMOCRATIC REPUBLIC OF CONGO

On 25 October 2021, Council Regulation (EU) No. 2021/1863 of 22 October 2021 amending Regulation (EC) No. 1183/2005[6] imposing specific restrictive measures directed against persons acting in violation of the arms embargo with the Democratic Republic of the Congo was published in the Official Journal of the European Union.

In Article 2a, paragraph 1, of Regulation (EC) No. 1183/2005, point (i) is replaced by the following: “(i) planning, directing, sponsoring or participating in attacks against MONUSCO peacekeeping forces or United Nations personnel, including members of the Group of Experts, or against medical or humanitarian personnel;”.

On 25 October 2021, Council Decision (CFSP) 2021/1866 of 22 October 2021 amending Decision 2010/788/CFSP[7] concerning restrictive measures against the Democratic Republic of Congo was published in the Official Journal of the European Union.

On 29 June 2021, the United Nations Security Council adopted United Nations Security Council Resolution (‘UNSCR’) 2582 (2021) amending the criteria for the designation of persons and entities subject to the restrictive measures set out in paragraphs 9 and 11 of UNSCR 1807 (2008).

REPUBLIC OF GUINEA

On 25 October 2021, Council Decision (CFSP) 2021/1867 of 22 October 2021 amending Decision 2010/638/CFSP[8] concerning restrictive measures against the Republic of Guinea was published in the Official Journal of the European Union.

REPUBLIC OF MOLDOVA

On 31st October 2021, Council Decision (CFSP) 2021/1893 of 28 October 2021 amending Decision 2010/573/CFSP[9] concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova was published in the Official Journal of the European Union.

On the basis of a review of Decision 2010/573/CFSP, the restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova should be extended until 31 October 2022. After six months, the Council will review the situation with regard to the restrictive measures.

2. UNITED STATES

MEXICO

On 6 October 2021, OFAC, pursuant to the Foreign Narcotics Kingpin Designation Act (Kingpin Act), has added four (4) natural persons of Mexican nationality to the SDN List for, “[M]embers of the Jalisco Cartel – New Generation (CJNG) operating through and around the port of Manzanillo in Colima, Mexico. The CJNG, a violent organisation based in Mexico, is responsible for trafficking a significant portion of the fentanyl and other lethal drugs entering the United States.” All property and interests in property of the sanctioned persons in the United States or in the possession or control of U.S. persons are blocked and must be reported to OFAC.

LIBYA

On 26 October 2021, OFAC, pursuant to Executive Order (E.O.) 13726 has added one (1) natural person to the SDN List for “[B]eing or having been involved in the targeting of civilians through the commission of acts of violence, abductions, forced displacement, or attacks on schools, hospitals, religious sites, or places where civilians seek refuge, or through conduct that constitutes a serious abuse or violation of human rights or a violation of international humanitarian law”. All property and interests in property of the person named above that are in the United States or in the possession or control of U.S. persons are blocked and must be reported to OFAC.

LEBANON

On 28 October 2021, OFAC, pursuant to Executive Order 13441, has added three (3) natural persons of Lebanese nationality to the SDN List for, “[P]ersonally benefiting from widespread corruption and nepotism in Lebanon, enriching themselves at the expense of the Lebanese people and state institutions. These individuals are members of Lebanon’s business and political elite”. All assets and interests in assets of the sanctioned persons that are in the United States or in the possession or control of U.S. persons are blocked and must be reported to OFAC.

IRAN

On 29 October 2021, OFAC, pursuant to Executive Order (EO) 13224, as amended, as well as EO 13382, which targets WMD proliferators and their supporters, has added four (4) natural persons and two (2) entities of Iranian nationality to the SDN List. “The IRGC was designated under E.O. 13382 in 2007 for its role in Iran’s ballistic missile programme. The IRGC-QF was designated under E.O. 13224 in October 2007 for its support to multiple terrorist groups. The entire IRGC, including the IRGC-QF, was designated under E.O. 13224 on 13 October 2017.”All property and interests in property of the sanctioned persons and entities that are in the United States or in the possession or control of U.S. persons are blocked and must be reported to OFAC.

3. UNITED KINGDOM

LIBYA

On 25 October 2021, the UK Government, pursuant to The Libya (Sanctions) (EU Exit) Regulations 2020 has added one (1) natural person of Libyan nationality to the UK Sanctions List (“UKSL List”). “The sanctioned person has participated directly, and/or through subordinates, in or supported acts that violate applicable international human rights law or acts that constitute violations of human rights in Libya. The person concerned has acted for, on behalf of or upon the direction of two listed persons inherently linked to human trafficking activities”.

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Madrid, 31st August 2021

Department of International Trade and Sanctions

Lupicinio International Law Firm

More information:

C/ Villanueva 29, 28001 Madrid
T: +34 91 436 00 90

Av. Diagonal 520, 08006 Barcelona
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info@lupicinio.com

[1] Council Decision (CFSP) 2018/1544 of 15 October 2018 concerning restrictive measures against proliferation and use of chemical weapons. https://eur-lex.europa.eu/legal-content/ES/TXT/?uri=CELEX%3A32018D1544

[2] Council Decision (CFSP) 2019/1720 of 14 October 2019 concerning restrictive measures in view of the situation in Nicaragua. https://www.boe.es/doue/2019/262/L00058-00063.pdf

[3] Council Decision 2013/798/CFSP of 23 December 2013 concerning restrictive measures against the Central African Republic. https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:352:0051:0052:ES:PDF

[4] Council Decision (CFSP) 2016/1693 of 20 September 2016 adopting restrictive measures against ISIL (Da’esh) and Al-Qaida and individuals, groups, undertakings and entities associated with them, and repealing Common Position 2002/402/CFSP. https://eur-lex.europa.eu/legal-content/ES/TXT/?uri=CELEX%3A32016D1693

[5] Council Decision (CFSP) 2015/1763 of 1 October 2015 concerning restrictive measures in view of the situation in Burundi. https://eur-lex.europa.eu/legal-content/ES/TXT/?uri=CELEX%3A32015D1763

[6] Council Regulation (EC) No 1183/2005 of 18 July 2005 imposing specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo. https://eur-lex.europa.eu/legal-content/ES/TXT/?uri=CELEX%3A02005R1183-20160720

[7] Council Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures against the Democratic Republic of the Congo and repealing Common Position 2008/369/CFSP. https://eur-lex.europa.eu/legal-content/ES/TXT/?uri=celex%3A32010D0788

[8] Council Decision 2010/638/CFSP of 25 October 2010 concerning restrictive measures against the Republic of Guinea. https://eur-lex.europa.eu/legal-content/ES/TXT/?uri=CELEX%3A32010D0638

[9] Council Decision 2010/573/CFSP of 27 September 2010 concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova. https://eur-lex.europa.eu/legal-content/ES/TXT/?uri=CELEX%3A32010D0573