2015 has seen increased reporting of maritime casualties in the Mediterranean, as vessels carrying refugees from North Africa and the Middle East get into difficulties. Michael Ritter explains.
This US Treasury press release and attached papers explains how the United States is imposing additional sanctions on Iran's nuclear and ballistic missile proliferation networks. It is also taking additional steps to prevent the evasion of sanctions by publicly identifying a group of Iranian front companies and banks designating 11 entities and four individuals under Executive Order 13382.
The latest package of EU sanctions against Iran will apply as earlier decided. Following a review of the measures, the Council confirmed that they would remain as approved in January. This means that two exemptions will end, as scheduled, on 1 July: Contracts for importing Iranian oil that were concluded before 23 January will have to be terminated by 1 July. From the same date, EU insurers may no more provide third-party liability and environmental liability insurance for the transport of Iranian oil.
Recent news reports of a ship entered with an International Group club having its cover withdrawn for allegedly carrying armaments to Syria are a reminder to operators that sanctions regimes can impact on their business. Restrictions on financial transactions, on dealings with designated parties, and on provision of insurance, may potentially restrict the ability of the Club to help and protect Members in the event of an incident. Such sanctions can affect Members who can trade lawfully to states targeted by sanctions even where those regimes are not applicable to them or they permit the trade in question.
An executive order "Prohibiting Certain Transactions with and Suspending Entry into the United States of Foreign Sanctions Evaders with Respect to Iran and Syria" ("FSE E.O.") by the President of the United States was issued on the 1st May extending further the impact of US sanctions against Iran and Syria. This order strengthens the US Treasury's ability to tackle foreign individuals and entities determined to have violated US sanctions on Syria or Iran.
This updated flowchart provides guidance on compliance with sanctions against Iran following the EU Council Regulation of 23rd March 2012. It references both US and EU sanctions arrangements and offers answers in the context of trading to and from Iran, or with Iranian parties outside the country.
The EU's formal Regulation implementing the enhanced sanctions against Iran proposed in January this year has now been issued. The position of shipowners in respect of the ban on transport of Iranian crude, petroleum products and petro-chemical products is largely unchanged from the EU Decision of 23 January. However, the position of insurers and reinsurers has been relaxed somewhat in response to strong lobbying from the International Group of P&I Clubs (IG) over the past two months.
Further material published on the Club website this week highlights the EU Council decision on the 23rd January that prohibits the import, purchase or transport of crude oil, as well as petroleum and petrochemical products from Iran. A set of FAQs from the International Group's Sanctions Working Group is among the resources that are available to assist Members.
The latest sanctions against Iran have been much publicized and are set against a backdrop of Iranian officials threatening to escalate the situation further by blocking the Strait of Hormuz
The EU Council Decision 782/2011 has enhanced the sanctions against the current regime in Syria to counter the movement of both armaments and energy commodities to that country. An additional decision 1244 has extended the list of named parties against whom these sanctions apply.
HM Treasury has imposed new financial restrictions against Iran. From 15:00 Monday 21 November 2011, all UK credit and financial institutions are required to cease business relationships and transactions with all Iranian banks, including their branches and subsidiaries, and the Central Bank of Iran. This means that UK credit and financial institutions are prohibited from entering into transactions or business relationships with these entities and continuing existing transactions and business relationships with them, unless licensed to do so by HM Treasury.
Both the EU and the United States have announced extension of their sanctions against the Syrian Arab Republic to prohibit the trade, transport or financing of crude oil or petroleum products. Under Rule 5V (Sanctions risks) the Club excludes cover where the provision of cover may expose the Club to a sanction or other adverse action from a competent government.
The attached Shipping Alert 11-213 gives updated guidance on both EU and US sanctions in respect of Libya and Syria and is reproduced with the kind permission of Reed Smith.
On 7 June 2011 the Council of the European Union agreed Council Decision 2011/332/CFSP setting out the Council's intention to add six port authorities to the now extensive list of Libyan companies and individuals blacklisted under the UN asset freeze. This Decision, following on from the UN Resolution of 26 February 2011, further tightens the financial sanctions noose around the Gaddafi regime and those associated with it.
COUNCIL REGULATION (EU) No 442/2011 of 9 May 2011 concerning restrictive measures in view of the situation in Syria. This regulation sets out the prohibition of supply of materials and equipment to Syria which may be used for repression of its civilian population. It also provides a list of people and other entities who it identifies as responsible for such acts of repression and thus directly subject to sanction.
A selection of Clyde & Co's leading regional experts give their views on the unfolding picture across the Middle East and North Africa in the "Middle East and North Africa Bulletin - Regional Response".
