Sanctions regimes against Eritrea

May 2012

Contacts

Summary

There are currently UN, EU and UK sanctions against Eritrea, and Switzerland, Australia, Canada, Hong Kong and Singapore also have regimes in place. There are no US sanctions in place.

The EU and UK sanctions have been enacted to implement measures introduced by UN Security Council Resolution 1907 (2009) which include a general arms embargo, a prohibition of the provision and obtaining of technical or financial assistance related to military activities or to the provision of military goods and technology to any natural or legal person, entity or body in, or for use in, Eritrea or to any designated person/entity and the freezing of funds and economic resources of persons designated by the UNSC. At the time of the 2009 Resolution, the UNSC had not designated any individuals/entities.

Subsequent to the EU and UK sanctions, the UN Security Council issued a further Resolution in December 2011 which voiced concern at the potential use of the Eritrean mining sector as a source of finance to destabilize the Horn of Africa. It decided that States should take measures to ensure that their companies involved in mining in Eritrea exercise “due diligence” so that funds derived from the sector are not used to destabilize the region. To that end, it requested its Sanctions Committee to draft due diligence guidelines for States’ optional use and urged States to introduce due diligence guidelines to prevent the provision of services or investment in the extractives sector, contributing to Eritrea’s violation of relevant resolutions. The UN Security Council has also now designated certain individuals and entities which are listed below.

It is the responsibility of States to comply with UN sanctions. They do not directly bind individuals or companies; however UN sanctions are a considered an advisable benchmark to comply with and are generally given effect by way of national regulations.

UN sanctions

Background

On 24 April 1992, pursuant to resolution 751 (1992), a Security Council Committee was established to oversee the general and complete arms embargo imposed on Somalia by Security Council resolution 733 (1992).

In response to the ongoing border dispute between Djibouti and Eritrea, as well as Eritrea’s support to armed groups destabilising and undermining peace and reconciliation in Somalia, a sanctions regime was imposed on Eritrea by Resolution 1907 (2009). This Resolution also expanded the Committee’s mandate, and on 26 February 2010 the Committee changed its name to “Security Council Committee pursuant to resolution 751 (1992) and 1907 (2009) concerning Somalia and Eritrea”.

Resolution 1907 (2009)

Resolution 1907 imposed an arms embargo on Eritrea, as well as introducing a travel ban and an asset freeze against individuals and entities including but not limited to the Eritrean political and military leadership, governmental and parastatal entitles privately owned by Eritrean nationals living within or outside Eritrean territory designated by the UN Sanctions Committee established pursuant to UNSC Resolution 751 (1992) and expanded by UNSC Resolution 1844 (2008), as: violating the arms embargo; providing support from Eritrea to armed opposition groups to destabilise the region; obstructing implementation of UNSC Resolution 1862 (2009) concerning Djibouti; harbouring, financing, supporting, organising, training or inciting individuals or groups to perpetrate acts of violence or terrorist acts against other States or their citizens in the regions; obstructing the investigations or work of the UN Monitoring Group.

Resolution 2023 (2011)

On 5 December 2011 the UNSC adopted Resolution 2023 (2011) imposing additional sanctions in relation to Eritrea for continuing to provide support to armed groups seeking to destabilize Somalia and other parts of the Horn of Africa, building on the arms and travel embargoes it imposed two years previously.

Resolution 2023, inter alia:

  • Requires Eritrea to cease using extortion, threats of violence, fraud and illicit means to collect taxes outside of Eritrea from its nationals or individuals of Eritrean descent;
  • Requires States to undertake appropriate measures to hold accountable, consistent with international law, those individuals on their territory who are acting, officially or unofficially, on behalf of the Eritrean government or the PFDJ contrary to the above requirement; and
  • Calls on all States to report within 120 days on steps taken to implement the current resolution and on the Secretary-General to report within 180 days on Eritrea’s compliance under the sanctions regime. It affirmed that it would keep Eritrea’s actions under continuous review and that it was prepared to strengthen, modify or lift those sanctions based on the country’s compliance.

Mining

The UNSC also voiced concern at the potential use of the Eritrean mining sector as a source of finance to destabilize the Horn of Africa. It decided that States should take measures to ensure that their companies involved in mining in Eritrea exercise “due diligence” so that funds derived from the sector are not used to destabilize the region. To that end, it requested its Sanctions Committee concerning Somalia and Eritrea to draft, with the assistance of the Somalia/Eritrea Monitoring Group, due diligence guidelines for States’ optional use.

With regard to mining, Resolution 2023 includes the following text:

“12. Expresses concern at the potential use of the Eritrean mining sector as a financial source to destabilize the Horn of Africa region, as outlined in the Final Report of the Monitoring Group (S/2011/433), and calls on Eritrea to show transparency in its public finances, including through cooperation with the Monitoring Group, in order to demonstrate that the proceeds of these mining activities are not being used to violate relevant resolutions, including 1844 (2008), 1862 (2009), 1907 (2009) and this resolution;

13. Decides that States, in order to prevent funds derived from the mining sector of Eritrea contributing to violations of resolutions 1844 (2008), 1862 (2009), 1907 (2009) or this resolution, shall undertake appropriate measures to promote the exercise of vigilance by their nationals, persons subject to their jurisdiction and firms incorporated in their territory or subject to their jurisdiction that are doing business in this sector in Eritrea including through the issuance of due diligence guidelines, and requests in this regard the Committee, with the assistance of the Monitoring Group, to draft guidelines for the optional use of Member States;

14. Urges all States to introduce due diligence guidelines to prevent the provision of financial services, including insurance or re-insurance, or the transfer to, through, or from their territory, or to or by their nationals or entities organized under their laws (including branches abroad), or persons or financial institutions in their territory, of any financial or other assets or resources if such services, assets or resources, including new investment in the extractives sector, would contribute to Eritrea’s violation of relevant resolutions, including 1844 (2008), 1862 (2009), 1907 (2009) and this resolution”

Parties subject to restrictive measures

The following individuals and entities are listed as being currently subject to the travel ban, assets freeze and targeted arms embargo imposed by paragraphs 1,3 and 7 of resolution 1844 (2008):

  • AL-SHABAAB
  • Yasin Ali Baynah
  • Hassan Dahir Aweys
  • Hassan Abdullah Hersi Al-Turki
  • Ahmed Abdi aw-Mohamed
  • Fuad Mohamed Khalaf
  • Bashir Mohamed Mahamoud
  • Mohamed Sa’id
  • Fares Mohammed Mana’a
  • Hassan Mahat Omar
  • Omar Hammami
  • Jim’ale, Ali Ahmed Nur

Each of these individuals and entities has several identities and aliases. These can all be viewed at the following link, which also gives the reason for designation:

List of individuals and entities subject to the measures imposed by paragraphs 1, 3 and 7 of Security Council Resolution 1844 (2008)

This list was last updated 17 February 2012 and current on 15 May 2012.

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EU sanctions

On 26 July 2010, the EU adopted Council Regulation (EU) No 667/2010 which implemented the measures in Resolution 1907 (2009) which included an arms embargo, the freezing of funds and economic resources of designated persons designated by the UNSC (which at the time had not designated any individuals) and a prohibition of the provision and obtaining of technical or financial assistance related to military activities or to the provision of military goods and technology to any natural or legal person, entity or body in, or for use in, Eritrea or to any designated person/entity.

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UK sanctions

The Export Control (Eritrea and Miscellaneous Amendments) Order 2011 (SI 2011/1296) came into force on 13 June 2011. This provides for enforcement of certain provisions of the EU sanctions against Eritrea, namely it provides for a prohibition on the provision of or obtaining of technical or financial assistance related to military activities or to the provision etc. of military goods and technology to any natural or legal person, entity or body in, or for use in, Eritrea or to any person/entity designated in the EU Regulation.

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US regulations

There are currently no US sanctions against Eritrea.

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Other regimes

We believe that other countries have sanctions regimes in place, for example, Switzerland, Australia, Canada, Hong Kong and Singapore.

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