10/26/2021 - 16:12
State

Somalie

somalie
Status of the embargo
Ongoing
Organisation(s)
UN & EU
Restriction(s)
arme
Exceptions
Yes, no prior notification or approval
Yes, prior notification
Yes, prior approval

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: 

  • The “deliveries of weapons or military equipment (listed in Annex B of the resolution) or the provision of advice, assistance or training, intended solely for the development of the Security Forces of the Federal Government of Somalia, and to provide security for the Somali people” Resolution 2498 (2019), para. 11 et 12). Primary responsibility for the notification lies with the Federal Government of Somalia (Resolution 2093 (2013), para. 38 and Resolution 2093 (2013), para. 13). Absent a negative feedback from the Sanctions Committee, the exporters may proceed with the deliveries (Resolution 2498 (2019), para. 12). A written confirmation disclosing among others the serial numbers of the exported arms and ammunition and the end-user unit must be submitted by the Federal Government of Somalia to the Committee no later than 30 days the delivery. (Resolution 2498 (2019), para. 16).

Requiring prior approval from the UN Sanctions Committee on Somalia: 

  • The supply of the following weapons and military equipment to the Federal Government of Somalia (Resolution 2498 (2019), para. 10) : 

« 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.);

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

  1. 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;

  1. Weapon sights with a night vision capability;

  1. Aircraft, specifically designed or modified for military use. Note: ‘Aircraft’ means fixed wing, swivel wing, rotary wing, tilt rotor or tilt wing vehicle, or helicopter.

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: 

  • The supply of weapons or military equipment or the provision of assistance intended solely for the support of or use by: 
  1. United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM) (Resolution 2111 (2013), para. 10, a); 
  2. The African Union Mission in Somalia (AMISOM); (Resolution 2111 (2013), para. 10, b) ; 
  3. AMISOM’s strategic partners, operating solely under the African Union Strategic Concept of 5 January 2012 (Resolution 2111 (2013) para. 10, c)  
  4. The European Union Training Mission (EUTM) in Somalia (Resolution 2011 (2013), para. 10, d); 
  • The supply of “weapons and military equipment destined for the sole use of States or international, regional and subregional organisations undertaking measures to suppress acts of piracy and armed robbery at sea off the coast of Somalia, upon the request of the Federal Government of Somalia ” (Resolution 2498 (2019)), para. 19. b.).
  • The supply 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” (Resolution 2111 Resolution 2111 (2013) para. 10, f). 

Requiring prior notification to the UN Sanctions Committee on Somalia: 

  • The supplies of “non-lethal military equipment intended solely for humanitarian or protective use” (Resolution 2111 (2013), para. 10, g). 

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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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: 

  • 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 development of the Security Forces of the Federal Government of Somalia, to provide security for the Somali people (Decision 2010/231/CFSP, art. 1, para. 3, f, iii) and Regulation 147/2003, art. 2a, e). Primary responsibility for the notification lies with the Federal Government of Somalia, though EU Member States may notify the Committee in its stead provided they coordinated beforehand (Decision 2010/231/CFSP, art. 1, para. 4). 

Requiring prior approval from the UN Sanctions Committee on Somalia:

  • The supplies, transfers, sales or exports of items listed in Annexes of Resolution 2111 (2013), Annex II of Decision 2010/213/CFSP and Annex III of Regulation 147/2003, are subject to prior approval from the UN Sanctions Committee (see UN arms embargo) upon requests of the Federal Government of Somalia. The following items are concerned : 

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.);

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

  1. 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;

  1. Weapon sights with a night vision capability;

  1. Aircraft, specifically designed or modified for military use. Note: ‘Aircraft’ means fixed wing, swivel wing, rotary wing, tilt rotor or tilt wing vehicle, or helicopter.

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). 

  • The supply of arms and related material and of technical advice, financial and other assistance and training related to military activities intended solely for the purposes of helping develop Somali security sector institutions (Decision 2010/231/CFSP art. 1, para. 3, j; and Regulation 147/2003, art .2a, d)
  • The financing and financial assistance for the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use, or for material intended for institution building programmes of the Union or Member States, including in the field of security, carried out within the framework of the Peace and Reconciliation Process (Regulation 147/2003, art. 3, para. 1).

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: 

  • The supply, sale or transfer of arms and related material of all types, or services related to military activities: 
  1. intended solely for the support of or use by United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM) (Decision 2010/231/CFSP, art. 1, para. 3, a; and Regulation 147/2003, art. 2a, c). 
  2. intended solely for the support of or use by the African Union Mission in Somalia (AMISOM); (Decision 2010/231/CFSP, art. 1, para. 3, b; and Regulation 147/2003, art. 2a, a).
  3. intended solely for the support of, or use by, AMISOM’s strategic partners, operating solely under the African Union Strategic Concept of 5 January 2012 (or subsequent AU strategic concepts), and in cooperation and coordination with AMISOM; Decision 2010/231/CFSP, art. 1, para. 3, c; and Regulation 147/2003, art. 2a, b).
  4. intended solely for the support of or use by the European Union Training Mission (EUTM) in Somalia; (Decision 2010/231/CFSP, art. 1, para. 3, d; and Regulation 147/2003, art. 2bis, f)
  • The supply, sale or transfer of item or the supply of technical advice, financial and other assistance and training related to “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 2010/231/CFSP, art. 1, para. 3, g; and Regulation 147/2003, art. 3, para. 2) ; 

Requiring prior notification to the UN Sanctions Committee on Somalia:

  • The supply, sale or transfer of item or the supply of technical advice, financial and other assistance and training related to non-lethal military equipment intended solely for humanitarian or protective use ; (Decision 2010/231/CFSP, art. 1, para. 3, h).

Requiring prior notification to the UN Secretary-General:

  • The supply, sale or transfer of arms and related material of all types, or related services, intended solely for the use of Member States or international, regional and subregional organisations undertaking measures to suppress acts of piracy and armed robbery at sea off the coast of Somalia (Decision 2010/231/CFSP, art. 1, para. 3, e).

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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