Chemical Weapons & Non-Proliferation

Sanctions regime

Overview

UN Sanctions

The UN does not have a chemical weapons sanctions regime, but UN Resolution 620 calls upon all States to continue to apply, to establish or to strengthen strict control of the export of chemical products serving for the production of chemical weapons, in particular to parties to a conflict, when it is established or when there is substantial reason to believe that they have used chemical weapons in violation of international obligation.

EU Sanctions

The EU adopted in 2018 by Council Regulation (EU) 2018/1542 and Council Decision (CFSP) 2018/1544  a new sanctions regime to address the use and proliferation of chemical weapons.

EU sanctions are imposed on individuals and entities who are responsible for, or provide financial, technical or material support for, or are otherwise involved in:

  • manufacturing, acquiring, possessing, developing, transporting, stockpiling or transferring chemical weapons;
  • using chemical weapons;
  • engaging in any preparations for the use of chemical weapons;
  • those who assist, encourage or induce any person or entity to engage in any of the above activities.

UK Sanctions

The UK adopted The Chemical Weapons (Sanctions) (EU Exit) Regulations 2019 in 2021 to deter the proliferation and use of chemical weapons, and encourage the effective implementation of the Chemical Weapons Convention.

UK sanctions may be imposed on individuals and entities where there are reasonable grounds to suspect that a person has been involved in “prohibited activities”, having regard to the purpose of the regulation (to deter the proliferation and use of chemical weapons).  “Prohibited activities” include:

  • developing, producing, acquiring, possessing, transporting, stockpiling, or retaining chemical weapons;
  • directly or indirectly transferring chemical weapons to any person;
  • using chemical weapons, or
  • engaging in preparations for the use of chemical weapons.

The regulations may apply to anyone involved in these prohibited activities, as well as persons owned or controlled by, acting on behalf of, or associated with those people.

US Sanctions

The US imposes sanctions and export controls on persons materially contributing to the proliferation of nuclear, biological, and chemical weapons pursuant to its Non-Proliferation sanctions regime under EO 12938, EO 13094, EO 13382, EO 13608, and EO 13883.

Sanctions are imposed on foreign governments involved in the proliferation of nuclear, biological, and chemical weapons under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991.

The CBW Act Directive prohibited certain activities by US banks in Russian markets in response to Russia’s alleged use of chemical weapons.

Current EU Sanctions

The EU adopted in 2018 by Council Regulation (EU) 2018/1542 and Council Decision (CFSP) 2018/1544  a new sanctions regime to address the use and proliferation of chemical weapons.

EU sanctions are imposed on individuals and entities who are responsible for, or provide financial, technical or material support for, or are otherwise involved in:

  • manufacturing, acquiring, possessing, developing, transporting, stockpiling or transferring chemical weapons;
  • using chemical weapons;
  • engaging in any preparations for the use of chemical weapons;
  • those who assist, encourage or induce any person or entity to engage in any of the above activities.

Current UK Sanctions

The UK adopted The Chemical Weapons (Sanctions) (EU Exit) Regulations 2019 in 2021 to deter the proliferation and use of chemical weapons, and encourage the effective implementation of the Chemical Weapons Convention.

UK sanctions may be imposed on individuals and entities where there are reasonable grounds to suspect that a person has been involved in “prohibited activities”, having regard to the purpose of the regulation (to deter the proliferation and use of chemical weapons).  “Prohibited activities” include:

  • developing, producing, acquiring, possessing, transporting, stockpiling, or retaining chemical weapons;
  • directly or indirectly transferring chemical weapons to any person;
  • using chemical weapons, or
  • engaging in preparations for the use of chemical weapons.

The regulations may apply to anyone involved in these prohibited activities, as well as persons owned or controlled by, acting on behalf of, or associated with those people.

Current US Sanctions

The US may impose sanctions and export controls on persons materially contributing to the proliferation of nuclear, biological, and chemical weapons pursuant to its Non-Proliferation sanctions regime under EO 12938, EO 13094, EO 13382, EO 13608, and EO 13883.

Sanctions are imposed on foreign governments involved in the proliferation of nuclear, biological, and chemical weapons under the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991.

The CBW Act Directive prohibited certain activities by US banks in Russian markets in response to Russia’s alleged use of chemical weapons.

Footer