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By Maya Lester KC & Michael O’Kane

Terrorism

Sanctions regime

Overview

UN Sanctions

The UN imposes sanctions targeting terrorism under two regimes, one of which targets terrorist actors and organisations generally, and the other specifically targets ISIL (Da’esh) & Al-Qaida. It imposed its general terrorism sanctions, on all those participating in terrorist acts or supporting terrorists, in September 2001 by UN Security Council Resolution 1373 following the 9/11 attacks on the US.

The earliest form of the UN sanctions regime that now specifically targets ISIL (Da’esh) & Al-Qaida was introduced by UN Security Council Resolution 1267 (1999) in relation to Afghanistan, and required all Member States to impose an arms embargo, asset freezes, and travel bans on people and entities associated with Osama bin Laden or the Taliban, as designated by the relevant UN Sanctions Committee. In 2011, UN sanctions relating to Afghanistan were split into two regimes by UN Security Council Resolutions 1988 and 1989 – one targeting ISIL (Da’esh) & Al-Qaida, and the other specifically relating to Afghanistan and the Taliban. The ISIL (Da’esh) & Al-Qaida sanctions impose asset freezes, travel bans, and an arms embargo on people designated by the relevant UN Sanctions Committee. For more details on the Afghanistan and Taliban sanctions, see the Afghanistan country profile.

EU Sanctions

The EU implemented the UN’s general terrorism sanctions in 2001, by Council Regulation (EC) No 2580/2001. Currently, the EU’s general terrorism sanctions impose asset freezes on designated people and entities suspected of involvement in terrorism. It implemented what are now the UN’s ISIL (Da’esh) & Al-Qaida sanctions in 2002 by Council Regulation (EC) No 881/2002. Those sanctions impose targeted asset freezes and an arms embargo on people and entities designated by the UN Sanctions Committee and, since 2016, the EU has had the power to make its own autonomous listings under Council Regulation (EU) 2016/1686.

UK Sanctions

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 Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019 replaces the UK and EU acts which implemented the EU’s autonomous ISIL (Da’esh) and Al-Qaida regime, and its counter-terrorism regime under Common Position 2001/931/CFSP, which imposed asset freezing measures against those determined to have been involved in terrorist acts. It also gives effect to the UK’s obligations under UNSC Resolution 1373 (2001). The Regulations enable the UK to apply sanctions in respect of persons for whom there are reasonable grounds to suspect are or have been involved in terrorist activity, where there is an international nexus.

The Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 intend to replace Part 1 of the Terrorist Asset Freezing (etc) Act 2001. It allows the designation (asset freeze) of people, entities and groups where there are reasonable grounds to suspect their involvement in terrorist activity with a UK nexus.

OFSI and Home Office guidance on operating within counter-terrorism legislation, counter-terrorism sanctions and export control is available here.

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.  After 9/11, President Bush enacted EO 13224 which blocked 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”.

A codification of Hizballah, global terrorism, terrorism list government sanctions, and foreign terrorist organisations sanctions can be accessed via these links: 31 CFR Part 566 (Hizballah Financial Sanctions Regulations), 31 CFR Part 594 (Global Terrorism Sanctions Regulations), 31 CFR Part 596 (Terrorism List Governments Sanctions Regulations), and 31 CFR Part 597 (Foreign Terrorist Organizations Sanctions Regulations).

4 countries are currently listed on the US’s state sponsors of terrorism list: Cuba, DPRK, Iran, and Syria.  Sanctions resulting from designation under these authorities include restrictions on U.S. foreign assistance; a ban on defense exports and sales; certain controls over exports of dual use items; and miscellaneous financial and other restrictions.

Current UN Sanctions

The UN imposes sanctions targeting terrorism under two regimes, one of which targets terrorist actors and organisations generally, and the other specifically targets ISIL (Da’esh) & Al-Qaida. It imposed its general terrorism sanctions, on all those participating in terrorist acts or supporting terrorists, in September 2001 by UN Security Council Resolution 1373 following the 9/11 attacks on the US.

The earliest form of the UN sanctions regime that now specifically targets ISIL (Da’esh) & Al-Qaida was introduced by UN Security Council Resolution 1267 (1999) in relation to Afghanistan, and required all Member States to impose an arms embargo, asset freezes, and travel bans on people and entities associated with Osama bin Laden or the Taliban, as designated by the relevant UN Sanctions Committee. In 2011, UN sanctions relating to Afghanistan were split into two regimes by UN Security Council Resolutions 1988 and 1989 – one targeting ISIL (Da’esh) & Al-Qaida, and the other specifically relating to Afghanistan and the Taliban. The ISIL (Da’esh) & Al-Qaida sanctions impose asset freezes, travel bans, and an arms embargo on people designated by the relevant UN Sanctions Committee. For more details on the Afghanistan and Taliban sanctions, see the Afghanistan country profile.

Current EU Sanctions

The EU implemented the UN’s general terrorism sanctions in 2001, by Council Regulation (EC) No 2580/2001. Currently, the EU’s general terrorism sanctions impose asset freezes on designated people and entities suspected of involvement in terrorism. It implemented what are now the UN’s ISIL (Da’esh) & Al-Qaida sanctions in 2002 by Council Regulation (EC) No 881/2002. Those sanctions impose targeted asset freezes and an arms embargo on people and entities designated by the UN Sanctions Committee and, since 2016, the EU has had the power to make its own autonomous listings under Council Regulation (EU) 2016/1686.

Current UK Sanctions

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 Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019 replaces the UK and EU acts which implemented the EU’s autonomous ISIL (Da’esh) and Al-Qaida regime, and its counter-terrorism regime under Common Position 2001/931/CFSP, which imposed asset freezing measures against those determined to have been involved in terrorist acts. It also gives effect to the UK’s obligations under UNSC Resolution 1373 (2001). The Regulations enable the UK to apply sanctions in respect of persons for whom there are reasonable grounds to suspect are or have been involved in terrorist activity, where there is an international nexus.

The Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 intend to replace Part 1 of the Terrorist Asset Freezing (etc) Act 2001. It allows the designation (asset freeze) of people, entities and groups where there are reasonable grounds to suspect their involvement in terrorist activity with a UK nexus.

OFSI and Home Office guidance on operating within counter-terrorism legislation, counter-terrorism sanctions and export control is available here.

Current 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.  After 9/11, President Bush enacted EO 13224 which blocked 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”.

A codification of Hizballah, global terrorism, terrorism list government sanctions, and foreign terrorist organisations sanctions can be accessed via these links: 31 CFR Part 566 (Hizballah Financial Sanctions Regulations), 31 CFR Part 594 (Global Terrorism Sanctions Regulations), 31 CFR Part 596 (Terrorism List Governments Sanctions Regulations), and 31 CFR Part 597 (Foreign Terrorist Organizations Sanctions Regulations).

4 countries are currently listed on the US’s state sponsors of terrorism list: Cuba, DPRK, Iran, and Syria.  Sanctions resulting from designation under these authorities include restrictions on U.S. foreign assistance; a ban on defense exports and sales; certain controls over exports of dual use items; and miscellaneous financial and other restrictions.

Other Countries Sanctions

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