Sunday, April 10, 2022

THE EU's 'SANCTIONS/PUNISHMENTS'

 Filenews 10 April 2022 - by TheanoThiopoulou



The sanctions that we are witnessing today by the EU against Russia and Belarus are a tool that has been used extensively in the past.

The reasons for the EU's imposition of sanctions from time to time mainly concerned attacks on states or the violation of human rights by authoritarian regimes. The "punishment" is imposed on the governments of third countries for the policies they pursue, it extends to entities - companies that provide the means to exercise these policies and persons who support specific choices and are involved in terrorist activities. The EU's European Council on its website clarifies that "all restrictive measures adopted by the EU fully comply with obligations under international law, including those on human rights and fundamental freedoms". However, sanctions have not only been imposed from time to time by Europe but also by the UN Security Council, either by two bodies together or separately.

Sanctions have a history

The map of sanctions (https://sanctionsmap.eu/#/main) presented by "F" shows that the EU has open accounts from the past with several states, including Russia and Belarus, which today due to the war in Ukraine are in the spotlight. The compilation of the data shows the background to the sanctions against states and the reasons why they were imposed:

Russia: The latest EU sanctions have been adopted in February 2022 due to the invasion of Ukraine and are constantly being renewed and tightened. The measures include a ban on all transactions with the Central Bank of Russia and a ban on overflights in EU airspace and access by Russian air carriers to EU airports. In addition, on 1 March 2022, the Council introduced further measures to exclude key Russian banks from swift, the world's dominant financial messaging system, as well as to suspend the transmission and distribution of certain state information or disinformation points.

On 9 March 2022, the Council adopted further measures on the export of maritime navigational goods and radio communication technology to Russia and on 15 March 2022 it introduced another package of sectoral economic measures. These measures include further economic and trade bans. On 5 April 2022, Europe also decides on sanctions for energy. However, the sanctions concern a less important energy product for the needs of its countries, which is coal, which is produced in many EU countries. At the same time, an open window is left open for oil to be included in the sanctions, with indications leading to a west-Russia schism.

The 2014 sanctions

But this is not the first time that the EU has imposed sanctions on Russia. On 6 March 2014, EU Heads of State or Government strongly condemned Russia's unprovoked violation of Ukrainian sovereignty and territorial integrity (annexation of Crimea) and called on the Russian Federation to immediately withdraw its armed forces to their permanent stocking areas. They stated that any further steps by Russia to destabilise the situation in Ukraine would lead to additional and far-reaching consequences for relations in a wide range of economic sectors. On 30 August 2014, the European Council condemned the increasing inflows of weapons from Russian territory into Eastern Ukraine and the aggression of the Russian armed forces on Ukrainian territory. On 8 September 2014, the Council of the EU took further restrictive measures in response to Russia's actions that destabilised the situation in Ukraine. On 4 December 2014, the Council of the EU clarified a number of provisions. On 19 March 2015, the European Council agreed that the duration of the restrictive measures should be clearly linked to the full implementation of the Minsk agreements. On 22 June 2015, the Council of the EU renewed the restrictive measures for a further six months in order to allow the Council to assess the implementation of the Minsk agreements.

On 21 December 2015, the Council of the EU noted that the Minsk agreements would not be fully implemented by 31 December 2015 and renewed the restrictive measures for a further six months in order to allow the Council to further assess the implementation of these agreements. On 12 January 2021, it assessed the implementation of the Minsk agreements and the Council of the EU renewed the restrictive measures for a further six months.

Belarus: Restrictive measures were adopted by the EU and against Belarus, due to the country's involvement in Russian aggression against Ukraine. On 2 March 2022, the Council introduced further restrictions on trade in products used in the production or manufacture of tobacco products, mineral products, potash, wood products, cement products, iron and steel products and rubber products. The new measures also prohibited the export to Belarus or for use in Belarus of dual-use goods and technology, the export of goods and technology that could contribute to the military, technological development, development of the Belarusian defence and security and exports to machinery, as well as restrictions on the provision of related services.

On 9 March 2022, the Council adopted further measures targeting the Belarusian financial sector. The measures prohibit a series of economic interactions and transactions with Belarus.

The Council of the EU adopted for the first time restrictive measures against certain officials of Belarus on 24 September 2004. Additional lists of measures were introduced after the presidential elections of 2006 and 2011, due to the seriousness of the situation in Belarus. The number of registrations has gradually increased to more than 200 people and numerous entities. Most of the targeted measures were suspended by the Council of the EU on 29 October 2015 and later on 25 February 2016. The decision was taken following the release of all political prisoners from Belarus and in the context of improving EU-Belarus relations. However, on 4 June 2021, the Council prohibited any aircraft operated by Belarusian carriers from taking off, landing or flying over the territory of the Union. On 24 June 2021, the EU imposed further targeted economic sanctions to implement the European Council conclusions of 24 and 25 May 2021 following the illegal forced landing of a Ryanair flight within the EU in Minsk, Belarus, on 23 May 2021.

Measures concerning Ukraine

Sanctions have been adopted by the EU for abusing state resources. On 20 February 2014, the Council of the EU condemned in the strongest possible terms all use of force in Ukraine and called for an immediate end to it and full respect for human rights and fundamental freedoms. The Council also called on the Ukrainian Government to exercise the utmost restraint and on opposition leaders to distance themselves from those who resort to radical actions, including violence. On 3 March 2014, the Council agreed to focus the restrictive measures on the freezing and asset recovery of persons identified as responsible for the misuse of Ukrainian state funds and persons responsible for human rights violations, with a view to consolidating and supporting the rule of law and respect for human rights in Ukraine.

United States, China, Bosnia

USA: On 22 November 1996, the Council of the EU decided to respond to the extraterritorial measures taken by the US, which allegedly affect EU Member States or natural and legal persons, their activities or interests. There are no EU restrictive measures in relation to the US as such, but the EU has introduced legislation allowing each Member State to take the measures it deems necessary to protect the interests of natural or legal persons affected by the extraterritorial application of third-country laws.

China: Special restrictive measures implemented by the EU in relation to the events at the Tiananmen Square protests in 1989

Bosnia and Herzegovina: On 21 March 2011, the EU adopted a framework that would allow for the imposition of restrictive measures against certain natural and legal persons whose activities undermine Bosnia and Herzegovina's sovereignty, territorial integrity, constitutional order and international personality, seriously threaten the security situation there or undermine a comprehensive Dayton/Paris Framework Agreement and its annexes.

Measures for Turkey, Iran, Iraq and others

Restrictive measures entered into force for the first time on 12 April 2011 by the EU, in connection with serious human rights violations in the country. Travel restrictions and asset freezes have been imposed in relation to individuals who are accomplices to or responsible for directing or implementing serious human rights violations in the crackdown on peaceful protesters, journalists, human rights defenders, students or other people who speak in defence of their legal rights.

Iraq: An economic and trade embargo was approved by the UN Security Council in 1990, following the invasion of Kuwait on August 2, 1990 by Iraqi military forces.

Democratic People's Republic of Korea (North Korea): Restrictive measures have been put in place by the UN and the EU in relation to the non-proliferation of weapons of mass destruction.

Democratic Republic of Congo: Restrictive measures implemented by the UN and EU. On 7 April 1993 the EU decided to impose an arms embargo on Zaire (now the Democratic Republic of Congo).

Lebanon: Restrictive measures were implemented by the EU in 2020. The measures concerned a travel ban in the EU and an asset freeze on persons and an asset freeze for entities. In addition, EU persons and entities are prohibited from allocating funds to those listed in the sanctions list.

Libya: Restrictive measures were put in place in 2011 by the EU and the UN. The EU's autonomous measures are reviewed at regular intervals.

Guinea-Bissau: EU restrictive measures were introduced on 3 May 2012. Travel restrictions and asset freezes were imposed on those who tried to prevent or hinder a peaceful political process or took measures that undermined the stability of the country.

Nicaragua: The European Council in 2019 imposed targeted restrictive measures, including travel bans and asset freezes, against persons, entities or bodies responsible for serious human rights violations and for undermining the country's democracy and rule of law.

Syria: Since 2014, in view of the deterioration of the situation in Syria and the widespread and systematic violations of human rights and international humanitarian law, including the use of chemical weapons against the civilian population, the Council of the EU has repeatedly added names to the lists of persons and entities subject to restrictive measures.

Turkey: On 14 October 2019, EU Member States reaffirmed their full solidarity with the Republic of Cyprus and agreed that a new framework of restrictive measures targeting natural and legal persons responsible for or involved in an unauthorised hydrocarbon drilling activity in the Eastern Mediterranean should be put in place. The Council adopted a new framework for restrictive measures on 11 November 2019.