Overview
UN Sanctions
The UN enforces two main counter-terrorism sanctions regimes: a general one targeting individuals and entities involved in terrorism, and another specifically focused on ISIL (Da’esh) and Al-Qaida. The general regime was established by UN Security Council Resolution 1373 in September 2001, following the 9/11 attacks. The targeted ISIL (Da’esh) & Al-Qaida regime originated with Resolution 1267 in 1999, initially addressing threats linked to Osama bin Laden and the Taliban. In 2011, Resolutions 1988 and 1989 split the sanctions into separate regimes:
- one for Afghanistan and the Taliban, and
- one for ISIL (Da’esh) & Al-Qaida.
These sanctions include asset freezes, travel bans, and arms embargoes on individuals and entities designated by the UN Sanctions Committee.
EU Sanctions
EU terrorism sanctions also consist of 2 regimes:
- general terrorism sanctions (implementing the UN’s terrorism sanctions)
- ISIL (Da’esh) & Al-Qaida sanctions (which implement the UN’s ISIL sanctions through Council Regulation (EC) No 881/2002 and, since 2016, include provisions for the EU to make its own autonomous listing under Council Regulation (EU) 2016/1686)
The EU implements UN terrorism sanctions via Council Regulation (EC) No 2580/2001 and Council Common Position 2001/931/CFSP. These measures allow the EU Council to impose asset freezes on individuals and entities involved in terrorism, including those who commit, support, or are associated with terrorist acts or groups.
The EU implements the UN’s ISIL (Da’esh) & Al-Qaida sanctions through Council Regulation (EC) No 881/2002, targeting designated individuals and entities with asset freezes and an arms embargo. Since 2016, the EU has made its own autonomous listings under Council Regulation (EU) 2016/1686.
UK Sanctions
The UK’s terrorism sanctions regimes consists of targeted asset freezing/travel ban measures and proscription of terrorist organisations.
The UK’s Terrorist Asset-Freezing etc Act 2010, was repealed by the Sanctions and Anti-Money Laundering Act 2019. It was replaced by a domestic counter-terrorism regime through the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 and by an international counter-terrorism regime through the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019. The ISIL (Da’esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019 gives effect to the UK’s UN obligations, imposing asset freezing measures and a travel ban against those designated under the UN ISIL (Da’esh) and Al-Qaida regime.
The UK can proscribe organisations believed to be involved in terrorism under the Terrorism Act 2000. Proscribed organisations are listed in Schedule 2 of TACT 2000 and are published on the UK Government website. It is a criminal offence for a person in the UK to belong to or support a proscribed organisation & a number of related offences.
US Sanctions
- The US counter-terrorism sanctions are imposed by multiple legal authorities: EO 12947 (1995)and EO 13099 (1998) prohibit transactions with terrorists who threaten to disrupt the Middle East peace process.
- EO 13224which blocks property and prohibited transactions with persons who commit, threaten to commit, or support terrorism. EO 13372 provides a “clarification of certain terrorism” and EO 13886 “modernised sanctions to combat terrorism”.
The Secretary of State can also list countries on its state sponsors of terrorism list. Inclusion on this list results in restrictions on access to US foreign assistance, exports and other restrictions.
