Somalia has been under UN embargo since January 1992 (Resolution 733 (1992))). Sanctions have been renewed repeatedly but exceptions have been included from 2001 onwards. In 2007, sanctions were lifted for the transitional government’s security forces and have since been limited to non-governmental actors (Resolution 1744 (2007)).
The current sanctions regime includes both sanctions with general scope and targeted sanctions against individuals and entities.
Sanctions of general scope
Prohibitions
The current sanctions regime, as detailed in Resolution 733 (1992), further elaborated in Resolution 1425 (2002) and amended by Resolutions 2093 (2013), 2111 (2013), 2498 (2019) and Resolution 2551 (2020), provides for a general ban on “all deliveries of weapons and military equipment”, (Resolution 733 (1992), para. 5) while also prohibiting “financing of all acquisitions and deliveries of weapons and military equipment” and “the direct or indirect supply to Somalia of technical advice, financial and other assistance, and training related to military activities” (Resolution 1425 (2002), para. 1 and 2)
Exceptions
The sanctions regime provides for several exceptions applying to the Federal Government of Somalia’s security forces and other actors present in the country:
Security forces of the Federal Government of Somalia
Requiring prior notification to the UN Sanctions Committee on Somalia:
Requiring prior approval from the UN Sanctions Committee on Somalia:
« 1. Surface to air missiles, including Man-Portable Air-Defence Systems (MANPADS);
2. Weapons with a calibre greater than 12.7 mm, and components specially designed for these, and associated ammunition;
Note: (This does not include shoulder fired anti-tank rocket launchers such as RPGs or LAWs (light anti-tank weapon), rifle grenades, or grenade launchers.);
5. Charges and devices specifically designed or modified for military use; mines and related materiel;
8. ‘Vessels’ and amphibious vehicles specifically designed or modified for military use. Note: ‘Vessel’ includes any ship, surface effect vehicle, vessel of small waterplane area or hydrofoil and the hull or part of the hull of a vessel.
9. Unmanned combat aerial vehicles (listed as Category IV in the UN Register of Conventional Arms). » (Resolution 2498 (2019), Annex A).
The weapons or military equipment sold or supplied pursuant those provisions may solely not be “resold to, transferred to, or made available for use by, any individual or entity not in the service of the Security Forces of the Federal Government of Somalia” (Resolution 2498 (2019), para. 7).
Other actors present in Somalia
Not requiring any prior notification to or approval from the UN Sanctions Committee on Somalia:
Requiring prior notification to the UN Sanctions Committee on Somalia:
Targeted sanctions
Prohibitions
The general sanctions regime is supplemented by Resolution 1844 (2008) which is itself expanded by Resolutions 2002 (2011) and 2093 (2013), which require Member States to “prevent the direct or indirect supply, sale or transfer of weapons and military equipment and the direct or indirect supply of technical assistance or training, financial and other assistance including investment, brokering or other financial services, related to military activities or to the supply, sale, transfer, manufacture, maintenance or use of weapons and military equipment” (Resolution 1844 (2008), para.7) to certain individuals or entities.
Exceptions
Moreover, Member States are called upon to inspect “all cargo to and from Somalia and Eritrea, if the State concerned has information that provides reasonable grounds to believe the cargo contains items the supply, transfer, or export of which is prohibited” according to the current sanctions regime (Resolution 1907 (2009), para.7), to destroy these items Resolution 1907 (2009), para. 8) and to submit a detailed report to the Committee (Resolution 1907 (2009)), para. 9).
These inspections shall also be conducted on ships bound to Somalia whether navigating in high seas or territorial waters of Somalia (Resolution 2182 (2014), para. 15 to 21).
The exception allowing for arms and military equipment deliveries in support of the Federal Government of Somalia’s security forces and intended to provide security to Somalia’s people, as provided for in paragraph 33 of Resolution 2093 (2013) detailed above, has been extended until 15th November 2020.
Somalia is also under EU arms embargo.
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Resolution 2551(2020)
Somalia has been under EU arms embargo since December 2002 (Common Position 2002/960/CFSP). In order to mirror the UN arms embargo, the EU eased its sanctions in 2009 to facilitate Security Sector Reforms (SSR) in Somalia.
The current sanctions regime, as detailed in updated versions of Council Decision 2010/213/CFSP and Regulation 147/2003, both sanctions with general scope and targeted sanctions against individuals and entities.
Sanctions of general scope
Prohibitions
The sanctions regime of general application prohibits Member States from supplying, selling or transferring “arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned to Somalia”. (Decision 2010/231/CFSP, art. 1, para. 1).
The provision of technical advice, financial and other assistance and training related to military activities, including technical training and assistance related to the provision, manufacture, maintenance or use of the above-mentioned items is prohibited (Decision 2010/231/CFSP, art. 1, para. 2; and Regulation 147/2003, art.1).
Exceptions
These sanctions are counterbalanced by several exceptions concerning Somalia’s Security Sector Reforms and international actors present in the country.
Supporting the Federal Government of Somalia’s security forces
Requiring prior notification to the UN Sanctions Committee on Somalia:
Requiring prior approval from the UN Sanctions Committee on Somalia:
1. Surface to air missiles, including Man-Portable Air-Defence Systems (MANPADS);
2. Weapons with a calibre greater than 12.7 mm, and components specially designed for these, and associated ammunition;
Note: (This does not include shoulder fired anti-tank rocket launchers such as RPGs or LAWs (light anti-tank weapon), rifle grenades, or grenade launchers.);
5. Charges and devices specifically designed or modified for military use; mines and related materiel;
8. ‘Vessels’ and amphibious vehicles specifically designed or modified for military use. Note: ‘Vessel’ includes any ship, surface effect vehicle, vessel of small waterplane area or hydrofoil and the hull or part of the hull of a vessel.
9. Unmanned combat aerial vehicles (listed as Category IV in the UN Register of Conventional Arms).
Items sold or provided for the development of the Security Forces shall not be resupplied, resold, transferred or made available for use any to any individual or entity not in the service of the Security Forces of the Federal Government of Somalia (Decision 2010/231/CFSP, art. 1, para. 5).
Other actors present in Somalia
The EU arms embargo is further accompanied with exceptions regarding international actors’ presence in Somalia.
Not requiring any prior approval from or notification to the UN Sanctions Committee on Somalia:
Requiring prior notification to the UN Sanctions Committee on Somalia:
Requiring prior notification to the UN Secretary-General:
Targeted sanctions
Prohibitions
The EU sanctions regime also provides for targeted sanctions against certain individuals and entities listed by the UN Sanctions Committee according to several criteria (see UN arms embargo and updated version of Annex I of Decision 210/231/CFSP). Member States shall take the necessary measures to prevent the supply, sale or transfer of weapons and military equipment and the supply of technical assistance or training, financial and other assistance including investment, brokering or other financial services, related to military activities or to the supply, sale, transfer, manufacture, maintenance or use of weapons and military equipment, to these persons or entities (Decision 2010/231/CFSP, art. 3).
Others
These persons or entities are also subject to financial sanctions and travel restrictions (Decision 2010/231/CFSP, art. 5 and 6).
Moreover, aircrafts and vessels transporting cargo to and from Somalia and brought into or out of the Union shall be subject to the requirement of additional pre-arrival or pre-departure information for all goods from the relevant Member State (Decision 2010/231/CFSP, art. 4, para. 2 and Regulation 147/2003, art. 3a).
Furthermore, Member States shall inspect all cargo to and from Somalia in their territory if they have information that provides reasonable grounds to believe that the cargo contains items the supply, sale, transfer or export of which is prohibited. Member States shall seize and destroy, if appropriate, the items prohibited from the cargo. (Decision 2010/231/CFSP, art. 4, para. 1 and 3).
Member States are called upon to exercise vigilance over the supply of items not subject to the measures set out in the embargo measures and over the supply of technical advice, financial and other assistance and training related to military activities related to those items (Decision 2010/231/CFSP, art. 1c).
The sanctions provided for in Decision 2010/231/CFSP are indefinite. However, they may be reviewed, amended or repealed, as appropriate, in accordance with relevant decisions of the UN Security Council.
Somalia is also under UN arms embargo.
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Web page for EU Sanctions and restrictive measures
https://eeas.europa.eu/topics/sanctions-policy_en
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