Syria

Syria has been under EU embargo since May 2011 (Council Decision 2011/273/CFSP). Sanctions were first strengthened from January 2012 onwards. But in April 2013, they were eased in order to facilitate support to the Syrian opposition and almost lifted in June of that same year.

Prohibitions

The current sanctions regime, as detailed in the updated versions of Council Decision 2013/2055/CFSP and Regulation 36/2012, prohibits the sale, supply, transfer or export of certain equipment, goods and technology, which might be used for internal repression or for the manufacture and maintenance of these products, or services related to these items, to Syria.

Operations concerning items listed in Annex I A of Regulation 36/2012 (Regulation 36/2012, art. 2a, para. 1), including the provision of technical assistance, brokering services, financing or financial assistance related to these goods are prohibited (Regulation 36/2012, art. 3, para. 1). The list of these items is not exhaustive and Member States may prohibit or impose authorization requirement on other products that those already listed if they deem appropriate.

In addition, operations related to software identified in Annex V of Regulation 36/2012, including the provision of technical assistance, brokering services, financing and financial assistance related to these operations, are prohibited in principle (Regulation 36/2012, art. 4, para. 1 and art. 5).

Similarly, the provision of any telecommunication or internet monitoring or interception services of any kind to, or for the direct or indirect benefit of, the State of Syria, or any person or entity acting on their behalf or at their direction is prohibited in principle (Regulation 36/2012, art. 5, para. 1, c). Whatever the items, Member States may not grant any authorization if they have reasonable grounds to determine that “the equipment, technology or software in question would be used for monitoring or interception, by the Syrian regime or on its behalf, of internet or telephone communications in Syria.” (Regulation 36/2012, art. 4, para. 2 and art. 5, para. 1).

Moreover, the sanctions regime requires Member States to approve in advance any operations related to items which might be used for internal repression, as listed in Annex IX of Regulation 36/2012 (Regulation 36/2012, art. 2b, para. 1), including the provision of technical assistance, brokering services, financing or financial assistance related to these items (Regulation 36/2012, art. 3, para. 4). This list is however not exhaustive and Member States may prohibit or impose an authorization requirement on other goods if they have “reasonable grounds to determine that [these items] might be used for internal repression or for the manufacture and maintenance [of these products]” (Regulation 36/2012, art. 2b, para. 2).

Finally, Member-States may expand the sanctions provisions (prohibitions or prior authorization) to dual-use items referred to in Article 4 (2) or Regulation 428/2009 concerning the control of operations related to dual-use goods (Regulation 36/2012, art. 2d).

Exceptions

The arms embargo provides for several exceptions.

Not requiring any prior approval from or notification to the UN bodies:

• Any operation related to prohibited items, including the provision of technical assistance, brokering services, financing or financial assistance related to these items, provided that the following end-uses are intended for  food, agricultural, medical or other humanitarian purposes or for the benefit of United Nations personnel, personnel of the Union or its Member States (Regulation 36/2012, art. 2a, para. 2 and art. 3, para. 3).  
• Any operation related to prohibited items and relates services, provided that it is consistent with the objective of the programme of prohibition and destruction of chemical weapons in Syria, in which Member States participate pursuant to the 10th paragraph of Resolution 2118 (2013) of the Security Council (See UN arms embargo), and after the consultation with the OPCW (Regulation 36/2012, art. 2a, para. 3, and art. 3, para. 5).

Others

Although arms exports to Syria are no longer covered in the current embargo, Council Decision 2013/255/CFSP reminds Member States of their engagement to solely respect conditions and criteria’s listed in Common Position 2008/944/CFSP if they consider such exports.

Furthermore, the sanctions regime prohibits Member States from purchasing, importing or transporting arms and related material of all types, from Syria or originating in Syria or to provide financing or financial assistance related to these items. It does not cover operations in support of the objective of elimination of chemical weapons in Syria in which States participate pursuant to the 10th paragraph of Resolution 2118 (2013) of the Security Council (See UN arms embargo).

Sanctions provided for in Council Decision 2013/255/CFSP have been extended to June 1st 2022 and are regularly reviewed.

Syria is also under UN and The League of Arab States’ embargoes.

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Council Decision (CFSP) 2021/855

 Common Position 2008/944/CFSP

Regulation 428/2009

Council Decision 2011/273/CFSP

Regulation 36/2012

Council Decision 2013/255/CFSP

Council Decision 2016/850/CFSP (extension 2017)

Link:

Web page for EU Sanctions and restrictive measures

https://eeas.europa.eu/topics/sanctions-policy_en