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EU Sanctions - PowerPoint Presentation

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EU Sanctions - PPT Presentation

on Individuals Legal Framework EU Sanctions on Individuals EU Treaty Provisions External Action and Restrictive Measures EU Council Sanctions Decisions and ID: 603105

ukraine sanctions persons council sanctions ukraine council persons ukrainian funds decision law misappropriation related person rule individuals court 2015 public authorities foreign

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Presentation Transcript

Slide1

EU Sanctions on IndividualsLegal FrameworkSlide2

EU

Sanctions

on

Individuals

EU

Treaty

Provisions

External

Action and

Restrictive

Measures

EU

Council

Sanctions

Decisions

and

Regulations

EU

Court

and Legal

Standards

on

Targeting

Individuals

EU

Sanctions

related

to

Ukraine

Conclusion

:

Feasibility

of

Additional

Asset

FreezesSlide3

EU Treaty

Provisions

EU External Actions

Require unanimous decisions in EU Council

Must be aimed at on of the EU’s foreign policy objectives as stated in the Treaty, for instance to

“consolidate and support democracy, the rule of law, human rights and the principles of international

law”

Sanctions measures targeted at individuals required to “include necessary provisions on legal safeguards”Slide4

EU Sanctions Decisions and Regulations

Decisions lay down general framework of the sanctions

Sanctions Regulations

contain detailed provisions

include lists of targeted individuals in

are directly applicable in all EU Member States – no need for national actions

a

re effective immediately (if so agreed by Council)

are automatically implemented by financial institutionsSlide5

EU Court and

Targeting

Individuals

EU Court has struck down hundreds of individual sanctions on procedural grounds

Key Requirements for targeting individuals relate to

General

designation

c

riteria

: Clear, precise and consistent with EU Treaties

Individual

statements of reason

: Individual, concrete and specific (“

challengeability

”)

Conformity of statements of reasons with designation criteria

Adequate

supporting evidence/information

Standard of proof – the “sanctions standard”?Slide6

EU Sanctions related to Ukraine

Initial EU Decision on sanctions in March 2014

Designation Criteria:

“persons

having been identified as responsible for the misappropriation of Ukrainian State funds and persons responsible for human rights violations in Ukraine, and natural or legal persons, entities or bodies associated with them, as listed in the

Annex”

Statements of Reason: ““[X is a ]

person

subject to

“criminal proceedings”

OR

“investigation”

in Ukraine to investigate crimes in connection with the embezzlement of Ukrainian State funds and their illegal transfer outside Ukraine.”Slide7

EU Sanctions related to Ukraine

Second EU Decision on sanctions in January 2015

“For

the purpose of this Decision, persons identified as responsible for the misappropriation of Ukrainian State funds include persons subject to investigation by the Ukrainian

authorities:

for

the misappropriation of Ukrainian public funds or assets, or being an accomplice thereto; or

for

the abuse of office as a public office-holder in order to procure an unjustified advantage for him- or herself or for a third party, and thereby causing a loss to Ukrainian public funds or assets, or being an accomplice thereto.Slide8

EU Sanctions related to Ukraine

Third EU Decision on sanctions in March 2015

Validity extended by a year for 14 persons but only for three months for 4 persons

Fourth EU

Decision on sanctions in

June 2015

Validity extended by a

nine months for 2 persons, for four months for 1 person

One person removed from the list

Statements of reasons amended

to include

“[x is a ] person

associated with a designated

person“

Fifth EU

Decision on sanctions in

October 2015

Validity extended by

five months for 1 person, statement of reason amended

Sixth

EU Decision on sanctions in March

2016

Validity extended by a year for 16 persons, one person removed from the listSlide9

EU Sanctions related to Ukraine

Portnov

v Council, 26 October

2015

Listing based solely on

letter stating that “‘[t]he Ukrainian law enforcement authorities have initiated a number of criminal proceedings to investigate criminal acts committed by former senior

officials”, including

Portnov

EU Court:: “[

the asset freeze

] is not

adopted in response to a request from the authorities of the non-member country concerned, but

constitutes an autonomous measure adopted in pursuit of the Common Foreign and Security Policy objectives of the European

Union

Council had

inadequate information and evidence

to determine that

Portnov

was “responsible for misappropriation of funds” or even that he was “

subject

of genuine ‘criminal proceedings’, or even a mere preliminary

inquiry”

-> Listing annulledSlide10

EU Sanctions related to Ukraine

Azarov

v Council

,

28 January 2016

EU Court: “[the Council cannot

adopt restrictive measures against

[an individual] without

knowing the acts of misappropriation of public funds which the Ukrainian authorities specifically alleged against

him”.”

This is needed in order for the Council to establish

that

the facts can be categorized as

misappropriation

of public

funds (which is the

designation criteria

)

and

undermining the rule of law in

Ukraine

(since the support for rule of law was

the foreign policy objective

of the measures)

-> Listing annulledSlide11

EU Sanctions related to Ukraine

Klyuyev

v Council

,

15 September 2016

New documents from Ukrainian authorities describing specific acts and ongoing investigation was enough to satisfy the Court that there was

adequate information and evidence

Council has

comptetence

under CFSP to freeze

assests

of third country national suspected of misappropriation

if and only if the acts in question are significant enough to undermine rule of law in Ukraine

In this case, target was a high official in former Government, and taking together with other similar officials their acts were enough to undermine rule of law

-> Listing

maintainedSlide12

Conclusion: Feasibility of Additional Asset Freezes

Legal Requirements

Documentation

provided to EU detailing alleged conduct and confirming an ongoing investigation

The alleged events, taken in their context, must be

serious enough

to amount to undermining the rule of law in Ukraine

The targeted person must have held a significant

position of power

in Government

Proposed by Member State or Commission, discussed in working group(s), decided by unanimous EU Counsel

Policy Considerations

Requires unanimous consent in Council

Must be serious enough to be relevant to 28 Foreign Ministers

Political climate, lessons learnt and “sanctions appetite”

Is the issue of foreign policy or police

co-operation?

What is the most effective tool in a

given case?Slide13

Aleksi.Pursiainen@SolidPlan.fi