Restrictive Measures in order to insert Provisions on a Humanitarian Exemption

Council Regulation (EU) 2023/720 of 31 March 2023 amending certain Council Regulations concerning restrictive measures in order to insert provisions on a humanitarian exemption

The European Union is able to impose restrictive measures, including the freezing of funds and economic resources against designated natural or legal persons, entities and bodies. Council Regulations give effect to those measures.

On 9 December 2022, the United Nations Security Council (UNSC) adopted United Nations Security Council Resolution (UNSCR) 2664 (2022). Paragraph 1 of that Resolution introduces an exemption from the sanctions in the form of asset freezes imposed by the Security Council or by its Sanctions Committees for humanitarian assistance and other activities that support basic human needs, applicable to certain actors. For the purposes of this Regulation, paragraph 1 of UNSCR 2664 (2022) is termed the ‘humanitarian exemption’.

On 31 March 2023, Council Decision (CFSP) 2023/726 was adopted to give effect to UNSCR 2664 (2022) in Union law.

UNSCR 2664 (2022) emphasizes that where the humanitarian exemption to the asset freeze measures conflicts with previous resolutions, it is to supersede such previous resolutions to the extent of such conflict. However, UNSCR 2664 (2022) clarifies that paragraph 1 of UNSC resolution 2615 (2021) remains in effect.

The Council considers that the humanitarian exemption to the asset freeze measures pursuant to UNSCR 2664 (2022) should also apply in cases where the Union decides to adopt complementary measures concerning the freezing of funds and economic resources in addition to those decided by the UNSC or its Sanctions Committees.

Council Regulations (EC) No 881/2002, (EC) No 1183/2005, (EU) No 267/2012, (EU) No 747/2014, (EU) 2015/735, (EU) 2016/1686, (EU) 2016/44, (EU) 2017/1509 and (EU) 2017/1770 have therefore been amended accordingly.

Posted in Posts - Latest Updates in EU and UN Sanctions.