EU Sanctions Updates 2014
EU REGULATION 1323 – 12 DECEMBER 2014
With effect from 14 December 2014, EU Regulation 1323/2014 of 12 December 2014 has introduced further restrictive measures in respect of Syria, relating to jet fuel and fuel additives.
Regulation 1323/2014 inserts new provisions into Regulation 36/2012 dated 18 January 2012, the principal EU regulation concerning sanctions in respect of Syria.
Pursuant to paragraph 1 of a new Article 7a inserted in Regulation 36/2012, there are now prohibitions in respect of the sale, supply, transfer or export of jet fuel and fuel additives as identified in new Annex Va to Regulation 36/2012, to any person, entity or body in Syria, or for use in Syria. The prohibitions extend to the provision of related financing or financial assistance, including financial derivatives, brokering services and insurance and reinsurance, and apply to nationals of EU Member States, exports from the territories of EU Member States, and the use of vessels flagged in EU Member States.
By way of derogation from paragraph 1, the competent authorities of Member States may authorise otherwise prohibited activities in connection with the types of jet fuel and fuel additives identified in new Annex Vb to Regulation 36/2012 to any person, entity or body in Syria, or for use in Syria under such conditions as they deem appropriate, having determined that the jet fuel and fuel additives are required by the United Nations, or bodies acting on its behalf, for humanitarian purposes such as delivering or facilitating the delivery of assistance, including medical supplies, food or the transfer of humanitarian workers and related assistance, or for evacuations from Syria or within Syria.
In addition, the prohibitions laid down in paragraph 1 do not apply to:
(a) jet fuel and fuel additives as listed in Annex Vb exclusively used by non-Syrian civilian aircraft landing in Syria, provided that they are intended and used solely for the continuation of the flight operation of the aircraft into which they were loaded;
(b) jet fuel and fuel additives as listed in Annex Vb exclusively used by a designated Syrian air carrier as listed in Annexes II and IIa carrying out evacuations from Syria in accordance with Article 16(h). [EU Regulation 1332 dated 13 December 2013 added a new licensing ground to Article 16 of Regulation 36/2012 by inserting a new paragraph (h). Under this licensing ground, competent authorities may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources are necessary for evacuations from Syria];
(c) jet fuel and fuel additives as listed in Annex Vb exclusively used by a non-designated Syrian air carrier carrying out evacuations from or within Syria.
These new prohibitions will be of particular concern to Members owning or operating clean product carriers.
Copies of Regulation 1323/2014, and an associated HMT Financial Sanctions Notice published on 23 December 2014, can be downloaded from the links set out below.
EU UPDATE TO SYRIA SANCTIONS TARGETS - 22 JULY 2014
On 22 July 2014, the EU amended the list of sanctions targets designated pursuant to EU Regulation 36/2012 to target three additional persons and nine entities due to their involvement in the violent repression of the civilian population or their support for the Assad regime. They are now subject to an asset freeze and a ban from entering the EU.
This brings the total individuals designated under EU measures to 192 and the number of entities to 62.
• AL-AQQAD, Hashim, Anwar
• ARMANAZI, Amr
• HASAN, Suhayl
• ARMY SUPPLY BUREAU
• EL JAZIREH
• HIGHER INSTITUTE FOR APPLIED SCIENCES AND TECHNOLOGY (HISAT)
• INDUSTRIAL ESTABLISHMENT OF DEFENCE
• NATIONAL STANDARDS & CALIBRATION LABORATORY (NSCL)
• OCEANS PETROLEUM TRADING
• THE BANIYAS REFINERY COMPANY*
• THE HOMS REFINERY COMPANY*
• TRI OCEANS TRADING
A copy of an HMT Notice outlining the latest EU designations can be downloaded from the below link.
* On 8 May 2014, US OFAC listed the Banias Refinery Company and the Homs Refinery Company as sanctions targets as part of the Government of Syria pursuant to Executive Order 13582. They are now subject to both EU and US asset freeze measures.
EU REGULATION 124/2014
On 10 February 2014 the EU adopted Regulation 124/2014 which with effect from 12 February 2014 introduces a further derogation from the asset freeze measures in EU Regulation 36/2012 dated 18 January 2012, the principal regulation governing EU sanctions in respect of Syria.
The new Regulation introduces a further derogation in Regulation 36/2012 at Article 16 paragraph (i) in respect of funds and economic resources “…intended exclusively for payments by Syrian State-owned entities or the Central Bank of Syria, as listed in Annexes II and IIa, on behalf of the Syrian Arab Republic to the Organisation for the Prohibition of Chemical Weapons (OPCW) for activities related to the OPCW verification mission and the destruction of Syrian chemical weapons, including in particular payments to the OPCW Special Trust Fund for activities related to the complete destruction of Syrian chemical weapons outside the territory of the Syrian Arab Republic.”.
This measure would appear to support the trade, financial assistance and insurance/reinsurance derogations introduced from 15 December 2013 pursuant to EU Regulation 1332/2013 relating to the activities of the OPCW in connection with verification and destruction of Syrian chemical weapons.
A copy of the new Regulation and an associated HMT financial sanctions notice can be downloaded from the links set out below.EU REGULATION 1323 12 DECEMBER 2014 (0.32 MB)
HMT NOTICE EU REGULATION 1323 (0.12 MB)
HMT NOTICE SYRIA DESIGNATIONS 24 JULY 2014 (0.10 MB)
EU REGULATION 124 10 FEBRUARY 2014 (0.68 MB)
HMT NOTICE EU REGULATION 124 10 FEBRUARY 2014 (0.08 MB)