Somalia

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. 

1. Conventional weapons

Prohibitions of general scope

The current sanctions regime, as detailed in updated versions of Council Decision 2010/213/CFSP and Regulation 147/2003, prohibits :

• The direct or indirect supply, sale or transfer of 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 2010/213/CFSP, art. 1, para.1).
• The direct or indirect supply to Somalia of technical advice, financial and other assistance and training related to military activities, including in particular technical training and assistance related to the provision, manufacture, maintenance or use of the items aforementioned (Decision 2010/213/CFSP, art. 1, para.2 and Regulation 147/2003, art.1).

Exceptions of general scope

However, the sanctions regime provides for several exceptions.

Requiring no prior approval or notification from/to the UN Sanctions Committee:

• the supply, sale or transfer of arms or related material of all types, and the direct or indirect supply of technical advice, financial or other assistance or training related to military activities, to the Government of the Federal Republic of Somalia (GFRS), the Somali National Army (SNA), the National Intelligence and Security Agency (NISA), the Somali National Police Force (SNPF) or the Somali Custodial Corps (Decision 2010/213/CFSP, art. 1, para.3, a and Regulation 147/2003, art. 3, para.1, a).
• the supply, sale or transfer of arms and related material of all types, and the direct or indirect supply of technical advice, financial and other assistance and training related to military activities, intended solely for the support of or use by United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM) (Decision 2010/213/CFSP, art. 1, para.3, c and Regulation 147/2003, art. 3, para.1, b).
• the supply, sale or transfer of arms and related material of all types, and the direct or indirect supply of technical advice, financial and other assistance and training related to military activities, intended solely for the support of or use by the African Union Transition Mission in Somalia (ATMIS) and its strategic partners, operating solely under the latest African Union (AU) Strategic Concept of Operations, and in cooperation and coordination with ATMIS (Decision 2010/213/CFSP, art. 1, para.3, d and Regulation 147/2003, art. 3, para.1, c).
• the supply, sale or transfer of arms or related material of all types, or the direct or indirect supply of technical advice, financial or other assistance or training related to military activities, intended solely for the support of or use by: the European Union training and support activities, Türkiye, the United Kingdom of Great Britain and Northern Ireland or the United States of America, as well as any other State forces with a status of forces agreement or a memorandum of understanding with the GFRS, provided they inform the Sanctions Committee, for information purposes only, about the existence of such agreements (Decision 2010/213/CFSP, art. 1, para.3, e and Regulation 147/2003, art. 3, para.1, d).

For the four exceptions mentioned above, Decision 2010/213/CFSP specifies that it shall be prohibited to supply, resell, transfer, or make available for use any weapons or military equipment, sold or supplied in accordance with Article 1(3), points (a), (b), (c), (d) or (e), to any individual or entity not in the service of the recipient to which it was originally sold or supplied, or to the selling or supplying Member State or international, regional or subregional organisation (Decision 2010/213/CFSP, art. 1, para.4)

• the supply, sale or transfer of protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel for their personal use only (Decision 2010/213/CFSP, art. 1, para.3, f and Regulation 147/2003, art. 3, para.4, a).
• the supply, sale or transfer of non-lethal military equipment by the Member States, international regional or subregional organisations intended solely for humanitarian or protective use (Decision 2010/213/CFSP, art. 1, para.3, g and Regulation 147/2003, art. 3, para.4, b).
• the entry into Somali ports for temporary visits of vessels carrying weapons or military equipment for defensive purposes, provided that such items remain at all times aboard those vessels (Decision 2010/213/CFSP, art. 1, para.3, h and Regulation 147/2003, art. 3, para.4, c).

Requiring prior approval and notification from/to the UN Sanctions Committee :

• the supply, sale or transfer of arms and related material of all types set out in Annex II of Decision 2010/213/CFSP and in Annex IV of Regulation 147/2003, to Somalia’s Federal Member States and regional governments or to licenced private security companies operating in Somalia to provide security for international and commercial premises and personnel in Somalia may be provided in the absence of a negative decision by the Security Council Committee pursuant to resolution 2713 (2023) concerning Al-Shabaab (the “Sanctions Committee”) within five working days of receiving a notification from the GFRS (Decision 2010/213/CFSP, art. 1, para.3, b, i and Regulation 147/2003, art.3, para.2, a). The items listed in Annex II of Decision 2010/213/CFSP and in Annex IV of Regulation 147/2003 are : s

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. (This does not include shoulder fired anti-tank rocket launchers such as RPGs or LAWs, rifle grenades, recoilless rifles, or grenade launchers.)

3. Mortars with a calibre greater than 82 mm and associated ammunition.

4. Anti-tank guided weapons, including Anti-tank Guided Missiles (ATGMs) and ammunition and components specially designed for these items.

5. Charges and devices specifically designed or modified for military use; mines and related materiel; and fuses.

6. Weapon sights with a night vision capability, including thermal and infrared, and accessories.

7. Fixed wing, swivel wing, tilt rotor or tilt wing aircraft, specifically designed or modified for military use.

8. ‘Vessels’ and amphibious vehicles specifically designed or modified for military use. (‘Vessel’ includes any ship, surface effect vehicle, vessel of small water plane 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).

Decision 2010/213/CFSP specifies that it shall be prohibited to supply, resell, transfer, or make available for use any weapons or military equipment, sold or supplied in accordance with Article 1(3), points (a), (b), (c), (d) or (e), to any individual or entity not in the service of the recipient to which it was originally sold or supplied, or to the selling or supplying Member State or international, regional or subregional organisation (Decision 2010/213/CFSP, art. 1, para.4)

Furthermore, notifications shall include details of the manufacturer and supplier of arms and related material of all types, a description of the arms and ammunition including the type, serial numbers, calibre and quantity, the proposed date and place of delivery, and all relevant information concerning the intended destination unit, or the intended place of storage (Regulation 147/2003, art.3, para.3).

Requiring prior notification to the UN Sanctions Committee

• the supply, sale or transfer of improvised explosive devices components as listed in Annex III to Somalia, unless there is sufficient evidence to demonstrate that the items will be used, or there is a significant risk they may be used, in the manufacture in Somalia of improvised explosive devices. (Decision 2010/213/CFSP, art. 1c, para.2 and Regulation 147/2003, art.3c). Member States shall notify the GFRS for its awareness and the Sanctions Committee of the sale, supply or transfer of items referred to in paragraph 2 within 15 working days after the sale, supply or transfer takes place. The notifications shall contain all relevant information, including the purpose of the use of the items, the end user, the technical specifications, the quantity of the items to be shipped and the intended storage location. They shall ensure that the GFRS and the Federal Member States of Somalia are provided with adequate financial and technical assistance to establish appropriate safeguards for the storage and distribution of such materials (Decision 2010/213/CFSP, art. 1c, para.3 and Regulation 147/2003, art.3c, para.3 and 4).

It is also requested from member states to promote the exercise of vigilance by natural and legal persons subject to their jurisdiction as regards the direct or indirect supply, sale or transfer of explosive precursors and materials to Somalia that may be used in the manufacture of improvised explosive devices, other than the items listed in Annexes IV and V to this Decision. Member States shall keep records of transactions of which they are aware regarding suspicious purchases of, or enquiries into, such other items by natural or legal persons in Somalia, and shall share such information with the Federal Government of Somalia, the Sanctions Committee and the Panel of Experts pursuant to resolution 2713 (2023). (Decision 2010/213/CFSP, art. 1c, para.4).

• the supply, sale or transfer of arms and related material of all types set out in Annex III of Decision 2010/213/CFSP and in Annex V of Regulation 147/2003, to Somalia’s Federal Member States and regional governments or licenced private security companies operating in Somalia to provide security for international and commercial premises and personnel in Somalia are subject to notification to the Sanctions Committee, for information only, at least five working days in advance by the GFRS (Decision 2010/213/CFSP, art. 1, para.3, b, ii and Regulation 147/2003, art.3, para.2, b). The items listed in Annex III of Decision 2010/213/CFSP and in Annex V of Regulation 147/2003 are :

1. All types of weapons with a calibre up to 12,7 mm, and associated ammunition.

2. Type-7 rocket propelled grenades (RPG-7s), LAWs (light anti-tank weapons) and recoilless rifles, and associated ammunition.

3. Weapon sights.

4. Rotor wing or helicopters specifically designed or modified for military use.

5. Hard body armour plates providing ballistic protection equal to or greater than level III (NIJ 0101.06 July 2008) or national equivalents.

6. Ground vehicles specifically designed or modified for military use.

7. Communication equipment specifically designed or modified for military use.

Decision 2010/213/CFSP specifies that it shall be prohibited to supply, resell, transfer, or make available for use any weapons or military equipment, sold or supplied in accordance with Article 1(3), points (a), (b), (c), (d) or (e), to any individual or entity not in the service of the recipient to which it was originally sold or supplied, or to the selling or supplying Member State or international, regional or subregional organisation (Decision 2010/213/CFSP, art. 1, para.4)

Furthermore, notifications shall include details of the manufacturer and supplier of arms and related material of all types, a description of the arms and ammunition including the type, serial numbers, calibre and quantity, the proposed date and place of delivery, and all relevant information concerning the intended destination unit, or the intended place of storage (Regulation 147/2003, art.3, para.3).

Prohibitions on targeted application to certain persons or entities

The current sanctions regime, as detailed in updated versions of Council Decision 2010/213/CFSP and Regulation 147/2003, decides that Member State shall take the necessary measures to prevent :

• the direct and 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, to persons or entities referred to in Article 2 and designated by the Sanctions Committee (Decision 2010/213/CFSP, art.3). The relevant persons and entities are listed in Annex I of Decision 2010/213/CFSP.

Others

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 2010/213/CFSP, art. 1c).

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 2010/213/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 2010/213/CFSP, art. 4, para. 1 and 3).

The sanctions provided for in Decision 2010/213/CFSP are indefinite. However, they may be reviewed, amended or repealed, as appropriate, in accordance with relevant decisions of the UN Security Council. 

Somalia has been under UN embargo since January 1992 (Resolution 733 (1992)). However, the UN Security Council has decided to lift the arms embargo on Somalia as of December 1, 2023 (Resolution 2714 (2023), para.1).