Sweden Explains It All: Cote D’Ivoire

Here is the historical background on the UN and EU sanctions on Cote D'Ivoire:

In recent years, Côte d'Ivoire has been marked by political turbulence, violence and human rights abuses. Following a failed coup against President Laurent Gbagbo in September 2002, Côte d'Ivoire was divided between the rebel movement and its forces, the Forces Nouvelles, which controlled the northern part of the country, and the Gbagbo regime in the south. The UN peacekeeping operation in the country (UNOCI) worked together with French forces to maintain a buffer zone between north and south. Despite a number of peace agreements and mediation attempts, it took a long time before a resolution to the conflict could be found.

Finally, in May 2011, Alassane Dramane Ouattara, who had been elected in December 2010, could be sworn in as the President of Côte d'Ivoire, after Laurent Gbagbo was arrested and forced out of power. The situation in Côte d'Ivoire has subsequently stabilised even if some unrest still exists, primarily in the western areas of the country. A Truth, Reconciliation and Dialogue Commission began its work in September 2011 and, following parliamentary elections in December 2011, a new government was formed in March 2012 under the leadership of Prime Minister Jeannot Ahoussou-Kouadio.

UN sanctions

Resolution 1572 (2004) allowed the UN Security Council to introduce sanctions in the form travel restrictions and the freezing of funds of certain individuals (determined by the Sanctions Committee for Côte d'Ivoire, established through the same resolution) and an arms embargo against the country. A prohibition against trade in diamonds from Côte d'Ivoire was also introduced through Resolution 1643 (2005). The sanctions have subsequently been extended on a number of occasions, most recently through Resolution 2045 (2012), in force until 30 April 2013. Resolution 2045 also revised the UN arms embargo in that technical assistance concerning security and military activities, as well as the supplies of civilian vehicles to the Ivorian security forces, are no longer covered by the embargo. The group of individuals subject to travel restrictions and freezing of funds was expanded through Resolution 1975 (2011) to also include former president Gbagbo and several of his close associates.

EU sanctions

Since 2004, the EU has imposed sanctions in accordance with the sanctions decided upon by the UN Security Council. In addition, the EU decided to add a special prohibition against the supply of equipment which might be used for internal repression, its own list of natural persons as well as legal persons and entities subject to targeted sanctions (travel restrictions and freezing of funds), a prohibition against trade in bonds and securities issued by the Gbagbo regime, and a prohibition against the supply of loans to that regime.

And here are the various restrictions imposed on the country:

1. Arms embargo, etc.

It is prohibited to sell, supply, transfer or export arms and related material, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, as well as equipment which might be used for internal repression. The arms embargo shall not apply to supplies intended solely for the support of or use by the UN peacekeeping operation in Côte d'Ivoire (UNOCI) and the French forces in the country, equipment intended for humanitarian use, maintaining public order, security sector reform, etc. Exemptions can be granted by a competent national authority, in certain cases after advance notification to the UN Security Council Sanctions Committee for Côte d'Ivoire.

2. Travel restrictions

Entry into, or transit through, the EU shall be prevented regarding persons designated by the UN Security Council Sanctions Committee for Côte d'Ivoire and who constitute a threat to the peace and national reconciliation process in Côte d'Ivoire, and any other person responsible for serious violations of human rights and international humanitarian law in Côte d'Ivoire, any person who publicly incites hatred and violence, and any person determined by the Sanctions Committee to be in violation of the arms embargo against Côte d'Ivoire. In addition, entry into, or transit through, the EU shall be prevented regarding persons designated by the EU and included in the EU's own list, and who are obstructing the process of peace and national reconciliation. In certain cases, exemptions can be granted by the Sanctions Committee regarding people on their list. Regarding people on the EU's list, competent national authorities can grant exemptions in certain cases following written notification to the Council and if no objection is made by another EU Member State.

Following the presidential elections in autumn 2010, the EU gradually extended the sanctions by subjecting a number of natural and legal persons, entities, etc., within or close to the Gbagbo regime to travel restrictions and/or freezing of funds. These persons and entities were considered to be obstructing the national peace and reconciliation process and threatening the outcome of the electoral process. The EU autonomous sanctions concerning a number of people have subsequently been lifted. These delistings are carried out in light of the normalisation process taking place in the country.

3. Freezing of funds

All funds and economic resources owned or controlled by the natural or legal persons, entities or bodies designated by the UN Security Council Sanctions Committee, in accordance with the criteria that apply to travel restrictions, shall be frozen. This also applies to those natural or legal persons or entities determined by the EU in addition to the above, in accordance with the criteria that apply to EU autonomous travel restrictions. It is also prohibited to place funds or economic resources at the disposal of such persons or entities. Certain exemptions for covering necessary basic expenses, for humanitarian purposes, etc., may be granted by national competent authorities following approval by the Sanctions Committee regarding persons or entities listed by the Committee.

Of the legal persons and entities previously covered by targeted sanctions, the national petroleum company and electricity company, certain banks and the ports of Abidjan and San Pedro were also included in EU sanctions. Since spring 2011 and Ouattara's assumption of the office of president, all EU autonomous sanctions regarding legal persons and entities have been lifted.

4. Diamond embargo

The direct or indirect import of all rough diamonds from Côte d'Ivoire is prohibited. International trade in rough diamonds is monitored through the Kimberley Process certification scheme for the international trade in rough diamonds. For more information on this, please refer to the attached document to the right.

5. Prohibition concerning government bonds

It is forbidden to purchase, broker, etc., bonds and other securities issued or guaranteed by the Gbagbo regime or its representatives after 6 April 2011, with the exception of trade in older government bonds that fall due for payment after this date.

6. Prohibition against providing loans

It is prohibited to provide any form of loan to the Gbagbo regime or its representatives, or to entities owned or controlled by them.

And this is the list of the relevant EU regulations:

The basic document for EU sanctions is currently Council Decision 2010/656/CFSP of 29 October 2010, which replaced previous common positions with amendments. There are provisions on an arms embargo, an embargo against equipment which might be used for internal repression, an embargo against trade in diamonds, travel restrictions and freezing of funds. Council Decisions 2010/801/CFSP of 22 December 2010 and 2011/18/CFSP of 14 January 2011 introduced an EU list alongside the UN list of persons and entities that would be subject to targeted sanctions (travel restrictions and freezing of funds). Further additions to the EU list were made through Council Decision 2011/71/CFSP of 31 January 2011.

Council Decision 2011/221/CFSP of 6 April 2001 added a prohibition for the EU to purchase, broker, etc., bonds and other securities issued by the Gbagbo regime, as well as a prohibition against providing loans to it. Certain exceptions from freezing of funds were also introduced for humanitarian purposes, etc. Also, some changes were made to the lists, since the UN had then added certain people that were already on the EU list to its own list, and certain names were added to the EU list. Council Implementing Decisions 2011/230/CFSP of 8 April 2011 and 2011/261/CFSP of 29 April 2011 initiated a process that involved easing EU sanctions by removing certain legal persons and entities from EU lists.

Council Implementing Decision 2011/376/CFSP of 27 June 2011 removed the remaining legal persons and entities from the EU list. In addition, Council Implementing Decision 2011/627/CFSP of 22 September 2011 revised the EU list of persons subject to targeted sanctions by delisting 13 persons. Other people have subsequently been removed from the EU list. The most recent revision was implemented by Council Implementing Decision 2012/144/CFSP of 8 March 2012. The annexes to this decision contain the current list of persons subject to targeted sanctions. Council Decision 2011/412/CFSP of 12 July 2011 introduced an exemption regarding the arms embargo and the prohibition against equipment capable of being used for internal repression if it is intended for the support of the Ivorian process of security sector reform. Council Decision 2012/371/CFSP of 10 July 2012 lifted the previous prohibition against supplying technical and economic assistance regarding arms, equipment that might be used for internal repression, etc., and otherwise also modified the arms embargo to some extent.

Those parts of the Council decisions and implementing decisions covered by EU law are implemented by Council Regulation 174/2005 of 31 January 2005 (technical and economic assistance, prohibition against equipment that might be used for internal repression, etc.), amended by Council Regulations 1032/2010 of 15 November 2010 (exemptions for equipment to maintain public order, etc.), 668/2011 of 12 July 2011 (exemptions for support of the process of security sector reform) and 617/2012 of 10 July 2012 (lifting of the prohibition against technical and economic assistance, etc.), as well as Council Regulation (EC) No 560/2005 of 12 April 2005 (freezing of funds), amended by Council Regulation (EU) No 25/2011 of 14 January 2011 (introduction of EU autonomous sanctions regarding freezing of funds). Regarding Council Regulation (EC) No 560/2005, there are also two implementing decisions, 85/2011 of 31 January 2011 and 193/2012 of 8 March 2012.

Council Regulation (EU) No 330/2011 of 6 April 2011 implemented Council Decision 2011/221/CFSP on the prohibition against trade in bonds and securities issued by the Gbagbo regime, and against the supply of loans to that regime, as well as certain exemptions from the rules concerning freezing of funds, including for humanitarian purposes. On three occasions – Council Regulations (EU) No 348/2011, (EU) No 419/2011 and (EU) No 623/2011 – all legal persons and entities subject to the EU autonomous sanctions (freezing of funds) were subsequently removed from the EU list.

As is stated in the description above, these documents must be read in parallel to obtain a complete picture, e.g. which persons and entities, at a specific point in time, were subject to individual sanctions imposed by the EU.

Link:

Sweden Cote D'Ivoire sanctions page

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