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EU Sanction Regulation in respect of Ivory Coast
On 15 January 2011 the EU adopted Council Regulation No 25/2011 which took immediate effect in EU Member States.
The aim of the Regulation is to widen the scope of sanctions contained in the former EU Regulation No. 560/2005 which in turn was adopted to implement the UN Security Council Resolution 1572 of 2004. The latter introduced financial sanctions against persons identified by the UN Sanctions Committee as constituting a threat to the process of reconciliation in the Ivory Coast.
As far as the Members and the Association are concerned, the main features of the EU Regulation No 25/2011 are the following:
Scope of the application:
This Regulation shall apply:
(a) within the territory of the Union, including its airspace;
(b) on board any aircraft or any vessel under the jurisdiction of a Member State;
(c) to any person inside or outside the territory of the Union who is a national of a Member State;
(d) to any legal person, entity or body which is incorporated or constituted under the law of a Member State;
(e) to any legal person, entity or body in respect of any business done in whole or in part within the Union.’
Key provision on sanctions:
1. All funds and economic resources belonging to, owned, held or controlled by the natural or legal persons, entities and bodies listed in Annex I or in Annex IA shall be frozen.
2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the natural or legal persons, entities or bodies listed in Annex I or in Annex IA.
3. The participation, knowing and intentional, in activities the object or effect of which is, directly or indirectly, to circumvent the measures referred to in paragraphs 1 and 2 shall be prohibited.’
The newly sanctioned parties are listed in Annex 1A of the Regulation, and consists of 87 individuals and 11 entities said to be associated with the government of President Gbagbo. The entities listed include:
- Port of Abidian
- Port of San Pedro
- National Petroleum Company of Cote d’IvoireSIR (Ivorian Refinery Company)
Sanctions targets list updated 2nd February 2011 - see HM Treasury update from the United Kimgdom
Members should check the list to ensure they have no dealings with any sanctioned parties which might expose them to the sanctions.
Although there is no prohibition on vessels calling at Ivory Coast ports, we understand an offence can however be committed if an EU registered company or vessel makes payment of port dues or other expenses to the sanctioned ports. Members should also be aware that the prohibitions could also prevent the Club providing security to a sanctioned party. This would include for example the port of Abidjan, in the event that a vessel was arrested for dock damage. Similar considerations would arise in respect of a cargo claim by a sanctioned party.