Member Article

The Council of Europe has recently published a guidance note to the general public considering the best practices for the effective implementation of restrictive measures. This guidance note sets out to provide a non-exhaustive list of recommendations for the effective implementation of restrictive measures.

The first set of recommendations relates to the designation and identification of persons and entities which are subject to restrictive measures. One of these recommendations relates to the specific identifiers of persons and entities which are subject to targeted restrictive measures. The Council of Europe suggests that as many specific identifiers as possible be published at the moment of adoption of a restrictive measure and that a continuous review of identifiers is carried out.

Additionally, it is recommended that economic operators are to avoid entering into business relations with any person or entity where the available identifiers match, or unless it is clear that the identifier of a potential business associate is not the same as the identifier pertaining to the designated person or entity.

These guidelines also provide guidance as to the considerations to be made for the potential de-listing of a designated person or entity. These considerations include when a request for de-listing is to be made and the procedure for de-listing in relation to restrictive measures imposed by the United Nations.

Other recommendations relate to financial restrictive measures and the best practices for the implementation of national and European freezing measures. The Council of Europe notes that freezing covers all funds and economic resources belonging to or owned by a designated person or entity and those funds or economic resources which are held or controlled by such person or entity. The Council of Europe also uses these guidelines to remind the general public of the prohibition of making funds available to designated persons or entities, unless an authorisation has been granted by the relevant competent authority in a member state. Additionally, these guidelines also provide advice on the considerations to be made in relation to ownership and control.

The Council of Europe also provides recommendations on the prohibition on the provision of goods, and notes that competent authorities are to inform other competent authorities of any rejected authorisation requests to minimise the risks of distorting competition in the internal market.

These guidelines also provide recommendations on the co-ordination and co-operation between member states of the European Union. The Council of Europe emphasises the importance of national co-ordination and communication mechanisms between all relevant government agencies, bodies and services which have a competence in the field of restrictive measures.

Further information on these recommendations can be found through the following link: https://www.consilium.europa.eu/en/policies/why-sanctions/

This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not hesitate to contact Dr Zachary Galea.

The post Council of Europe Issues Guidance on Best Practices on Implementation of Restrictive Measures appeared first on Mamo TCV.