Sanctions Profile: Somalia

At a glance

The UN imposed an arms embargo on Somalia in 1992, by UN Security Council Resolution 733, which the EU implemented in 2002 by Common Position 2002/960/CFSP and then Council Regulation (EC) No 147/2003. The arms embargo was introduced in response to violent conflict in the country.

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The UN introduced targeted asset freezes and travel bans in 2008 by UN Security Council Resolution 1844, against those seeking to prevent or block a peaceful political process, or those who undermine stability in the region. The EU implemented these measures in 2009, by Common Position 2009/138/CFSP and then Council Regulation (EU) No 356/2010.

In 2012, the UN adopted UN Security Council Resolution 2036, which imposed a ban on the direct or indirect import of charcoal from Somalia (whether or not such charcoal originated in Somalia). The EU implemented that measure in 2012, by Council Regulation (EU) No 642/2012 (which amends Council Regulation (EC) No 147/2003). There are no autonomous EU sanctions on Somalia.

Summary of Current UN Sanctions:

General

  • Arms embargo
  • Charcoal ban

Targeted

  • Arms embargo
  • Asset freeze
  • Travel ban

Designation Criteria

Individuals and entities:

  1. engaging in, or providing support for, acts that threaten the peace, security or stability of Somalia, including acts that threaten the peace and reconciliation process in Somalia, or obstruct, undermine or threaten the Federal Government of Somalia, AMISOM or UNSOM by force;
  2. acting in violation of the arms embargo on Somalia or as having acted in violation of the arms resale and transfer restrictions;
  3. obstructing the delivery of humanitarian assistance to Somalia, or access to, or distribution of, humanitarian assistance in Somalia;
  4. recruiting or using children in armed conflicts in Somalia in violation of applicable international law by political or military leaders;
  5. violating applicable international law in Somalia involving the targeting of civilians including children and women in situations of armed conflict, including killing and maiming, sexual and gender-based violence, attacks on schools and hospitals and abduction and forced displacement;
  6. engaging in the export or direct or indirect import of charcoal from Somalia;
  7. engaging in any non-local commerce via Al-Shabaab controlled ports which constitutes financial support for a designated entity;
  8. misappropriating financial resources which undermines the Transitional Federal Institutions’ and their post-transition successors’ ability to fulfil their obligations in delivering services within the framework of the Djibouti Agreement; or
  9. planning, directing or committing acts involving sexual and gender-based violence.

Summary of Current EU Sanctions:

General

  • Arms embargo
  • Charcoal ban

Targeted

  • Arms embargo
  • Asset freeze
  • Travel ban

Designation Criteria

People and entities designated by the UN Sanctions Committee as:

  1. engaging in, or providing support, for acts that threaten the peace, security, or stability of Somalia (including acts that threaten the country’s peace and reconciliation process, or threaten the Federal Government of Somalia or the African Union Mission in Somalia “AMISOM” by force);
  2. violating the arms embargo or related prohibitions;
  3. obstructing the delivery or provision of humanitarian assistance to Somalia;
  4. being political or military leaders recruiting or using children in armed conflicts in Somalia; or
  5. being responsible for violations of applicable international law in Somalia involving the targeting of civilians, including killing, maiming, sexual and gender-based violence, attacks on schools and hospitals, abduction, and forced displacement.

 

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News

UK passes Sanctions (Amendment) (EU Exit) Regulations 2019

The UK has passed the Sanctions (Amendment) (EU Exit) Regulations 2019, SI 2019/26, which make amendments to a number of EU sanctions regimes to ensure (inter alia) that they continue to apply within the UK after Brexit. The Regulations will come into force on exit day.

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UN lifts Eritrea sanctions & renews arms embargo on Somalia

Earlier this week (14 November), the UN Security Council adopted UNSC Resolution 2444 (2018), which (inter alia): 1.      Lifts the UN arms embargo, travel bans and asset freezes imposed on Eritrea; and 2.      Renews the UN arms embargo against Somalia.

EritreaEritrea SomaliaSomalia

US continues Somalia sanctions for 1 year

In April 2010, the US adopted Executive Order (EO) 13536, which declared a national emergency in respect of Somalia (namely, for the “deterioration of the security situation and the persistence of violence in Somalia, acts of piracy and armed robbery at sea off the coast of Somalia… and violations of the arms embargo imposed by […]

SomaliaSomalia

EU implements 2 new UN entries to Somalia sanctions list

On 8 March 2018, the UN Security Council added 2 people to its Somalia and Eritrea sanctions list, Ahmad Iman Ali and Abdifatah Abubakar Abdi, for alleged links with Al-Shabaab (previous blog here). The EU has implemented those two new entries by adopting Council Implementing Decision (CFSP) 2018/417 and Council Implementing Regulation (EU) 2018/413.

SomaliaSomalia

UN & US sanction 2 people for Al-Shabaab links

The UN Security Council has added 2 individuals, Ahmad Iman Ali and Abdifatah Abubakar Abdi, to its Somalia and Eritrea sanctions list – UN press release here and UK OFSI Notice here. The US Department of State has designated those same individuals as Specially Designated Global Terrorists, pursuant to section 1(b) of Executive Order 13224 – […]

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Current Sanctions

EU UK

Consolidated

Council Regulation (EC) No 147/2003

Parent Regulation

Council Regulation (EC) No 147/2003

Amended by:

Council Regulation (EC) No 631/2007

Council Regulation (EU) No 1137/2010

Council Regulation (EU) No 642/2012

Council Regulation (EU) No 941/2012

Council Regulation (EU) No 431/2013

Council Regulation (EU) No 517/2013

Council Regulation (EU) No 1153/2013

Council Regulation (EU) No 478/2014

Consolidated

Council Regulation (EU) No 356/2010

Parent Regulation

Council Regulation (EU) No 356/2010

Amended by:

Council Implementing Regulation (EU) No 956/2011

Council Regulation (EU) No 641/2012

Council Implementing Regulation (EU) No 943/2012

Council Regulation (EU) No 432/2013

Council Regulation (EU) No 517/2013

Council Regulation (EU) No 1104/2014

Council Implementing Regulation (EU) 2015/325

Council Implementing Regulation (EU) 2015/2044

Council Implementing Regulation (EU) 2017/395

Council Regulation (EU) 2017/2415

Council Implementing Regulation (EU) 2018/413

Council Regulation (EU) 2018/1933

Consolidated

Council Decision 2010/231/CFSP

Parent Decision

Council Decision 2010/231/CFSP

Amended by:

Council Decision 2011/635/CFSP

Council Decision 2012/388/CFSP

Council Decision 2012/633/CFSP

Council Decision 2013/201/CFSP

Council Decision 2013/659/CFSP

Council Decision 2014/270/CFSP

Council Implementing Decision 2014/729/CFSP

Council Decision (CFSP) 2015/335

Council Implementing Decision (CFSP) 2015/337

Council Implementing Decision (CFSP) 2015/2053

Council Implementing Decision (CFSP) 2017/398

Council Decision (CFSP) 2017/2427

Council Implementing Decision (CFSP) 2018/417

Council Decision (CFSP) 2018/1945

Sanctions and Anti-Money Laundering Act 2018

Sanctions and Anti-Money Laundering Act 2018 (Commencement No 1) Regulations 2018

Sanctions Review Procedure (EU Exit) Regulations 2018

Sanctions (Amendment) (EU Exit) Regulations 2019