Sanctions against Somalia

Description of the sanctions

1. Arms embargo

The direct or indirect supply, sale or transfer of arms and related materiel of all types, including weapons and ammunition, military vehicles and military equipment, paramilitary equipment, and associated spare parts, to Somalia from nationals of EU Member States or from the territories of Member States is prohibited, whether this materiel originated in their territories or not. Exemptions may be made with regard to arms and related materiel of all types that are intended for AMISOM, for AMISOM's strategic partners, for the development of Somalia's institutions in the security sector, for the development of security forces answerable to Somalia's federal government, for humanitarian use or for protection of institution building programmes of the EU or its Member States, and of UN personnel, etc., or for use by the UN Political Office for Somalia (UNPOS) or its subsequent mission in Somalia (UNSOM) or for combating piracy off the coast of Somalia. Exemptions, which can also be used by regional organisations, are subject to restrictions such as an obligation in certain cases to inform the Sanctions Committee, which can refuse to grant an exemption.

Correspondingly, it is prohibited to directly or indirectly provide technical or financial assistance or to carry out training related to activities covered by the arms embargo. Corresponding exemptions apply.

Inspection of cargo

All Member States are to inspect, in their territory, including seaports and airports, all sea and air transports to and from Somalia, if the state concerned has information that provides reasonable grounds to believe the cargo contains items covered by the arms embargo. Ships and aircraft carrying cargo to or from Somalia must declare their cargo prior to departure or arrival. All Member States are authorised to inspect in Somali territorial waters and on the high seas off the coast of Somalia vessels bound to or from Somalia, where there are reasonable grounds to believe that they are carrying charcoal or are in some way violating the arms embargo.

2. Freezing of assets

Financial assets and economic resources within the Member States' territories and owned or controlled, directly or indirectly, by persons or entities designated by the Sanctions Committee shall be frozen. It is also prohibited to make funds available to those designated by the Committee. The grounds for being listed are that a person or entity has conducted or provided support to actions that threaten the peace, security or stability in Somalia, including the peace and reconciliation process in Somalia, or has made violent threats against the federal government in Somalia or AMISOM, has violated the arms embargo or has prevented the supply and distribution of, and access to, humanitarian assistance in or to Somalia. Furthermore, in accordance with subsequent additions to the fundamental provisions of UN Security Council resolutions, political and military leaders who recruit child soldiers and persons responsible for war crimes may be added to the list. Exemptions to the freeze, for example to cover basic expenses such as food, medicines, rent or taxes, may be granted by a national authority after the Sanctions Committee has been notified. Moreover, exemptions may be permitted to make accessible funds and resources to safeguard the delivery of humanitarian assistance in Somalia by the UN and humanitarian organisations, etc.

3. Travel restrictions

All EU Member States are to take the necessary measures to prevent the entry into or transit through their territories of individuals designated by the Sanctions Committee. The grounds for being listed are the same as those for the freezing of assets outlined above. The restrictions are not to entail an obligation on the states to deny entry to their own citizens.

4. Prohibition on the import of charcoal

It is prohibited to import charcoal from Somalia, regardless of whether or not the charcoal originates from that country. It is also prohibited to buy or transport charcoal that comes from Somalia, even if the transport is not bound for the EU. It is also prohibited to provide financial assistance to the trade in and transport of charcoal, as well as to insure such transports.

Competent Swedish authorities

The Inspectorate of Strategic Products is responsible for matters related to the arms embargo.

The Swedish Migration Agency and Sweden's missions abroad are responsible for applying the travel restrictions.

Information on frozen accounts, etc. may be submitted to Finansinspektionen (the Swedish Financial Supervisory Authority).

Exemptions to the assets freeze may be granted by Försäkringskassan (the Swedish Social Insurance Agency).