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The Adoption of Resolution 2744 (2024): Enhancing Transparency and Due Process in United Nations Sanctions
https://documents.un.org/doc/undoc/gen/n24/216/32/pdf/n2421632.pdf?token=wWG2qyhmsxwY2RHUv5&fe=true
https://press.un.org/en/2024/sc15770.doc.htm
https://timesofmalta.com/article/malta-punches-weight.1096158
The UN Security Council adopted Resolution 2744 (2024), a significant milestone co-authored by Malta and the United States. This Resolution strengthens the mandate of the Focal Point for Delisting, established under Resolution 1730 (2006) and introduces an Informal Working Group on general sanctions issues. The enhanced Focal Point Mechanism aims to improve due process by ensuring that individuals seeking delisting from UN sanctions have a fair opportunity to present their cases. The Focal Point will now be responsible for gathering information and producing fact-based reports for the Sanctions Committees, which will then make informed decisions regarding delisting requests.
In addition, the Resolution establishes an Informal Working Group tasked with addressing broader issues related to UN sanctions. This group will report annually to the Security Council, aiming to enhance the overall effectiveness and transparency of the sanctions regime. The resolution also directs relevant Sanctions Committees, excluding the one established by Resolution 1267 (1999), to revise their guidelines to align with the new Focal Point Mechanism.
The Secretary-General is tasked with appointing the new Focal Point within three months and will consult with the Informal Working Group throughout the process. The Council has also expressed its intention to continuously review the Focal Point’s mandate to ensure its effectiveness.
Malta’s delegate underscored that this resolution is the result of extensive negotiations and represents a clear commitment to improving due process within the UN sanctions system. It marks a historic update, as it is the first major revision of delisting procedures in 18 years. Reactions from Council members highlighted the resolution’s importance in promoting transparency and fairness. The United States praised it as a testament to the international community’s dedication to these values.
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Guidance on Article 5r of Regulation 833/2014
The Sanctions Monitoring Board refers to Article 5r of Council Regulation 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine.
Article 5r of Council Regulation 833/2014 sets out a reporting obligation which applies to:
- Legal persons, entities and bodies established in the Union whose proprietary rights are directly or indirectly owned for more than 40 % by a legal person, entity or body established in Russia; a Russian national; or a natural person residing in Russia and;
- Credit and financial institutions.
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EU FAQs on sanctions against Russia and Belarus: Article 3q of Council Regulation (EU) No 833/2014
The EU has published guidance on the sale of tankers relevant to Regulation 833/2014. Please click on the following link to access the said guidance: Tanker sales – European Commission (europa.eu)