11 EU restrictive measures against
Tunisia
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| Council Decision amending Council Decision 2011/72/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia
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| Legal base | Article 29 TEU; unanimity
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 22 January 2013
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| Previous Committee Report | None; but see HC 428-xlviii (2010-12), chapter 24 (25 January 2012); (34392) — and (34391) 15925/12: HC 86-xx (2012-13), chapter 21 (21 November 2012)
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| Discussion in Council | 31 January 2013
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
11.1 The full background to the measures in question is set
out in our previous Reports. The following is a brief summary.
Council Decision 2011/72/CFSP and Council Regulation (EU) 270/2011
11.2 In January 2011, following major protests across the
country, then President Ben Ali resigned and fled to Saudi Arabia.
The new Tunisian Government subsequently requested that EU Member
States instigate an asset freeze against the former President,
his wife, family members and others, whilst investigations into
the alleged corruption of the former regime were pending.
11.3 The Minister for Europe (Mr David Lidington)
described the priorities of the new Tunisian transition government
as "to re-establish order, to set the base for the democratisation
of society and of the political system, and to address the economic
and social problems which were at the root of the popular uprising",
going on to say that it was "of strategic importance that
the UK supports that emerging democratisation process from the
outset", and that one of the ways in which the Government
could do this was "by supporting the anti-corruption activities
of the transitional Government."
11.4 It was against this background, the Minister
said, that the EU had proposed to adopt a Council Decision:
"in order to put in place a mechanism by which
to freeze misappropriated assets. The effect of this will send
a positive message to the interim Tunisian Government of support,
whilst ensuring the uniform and consistent application of the
asset freeze across the EU. However, the asset freeze will not
enable Member States to seize any assets deemed to have been corruptly
obtained, or return them to the Tunisian State. Further action,
either through the EU, or domestically, will need to be taken
in order to put such measures in place."
11.5 The Minister also explained:
— it
would be necessary to adopt an EU Council Regulation in order
to give effect to the asset freeze;
— the Regulation would be directly applicable
in UK law, although domestic legislation is required for enforcement
measures, and to create penalties, in each EU Member State; and
— the procedures for designating individuals
subject to the asset freeze complied with fundamental rights,
i.e., individuals could be listed only where evidence existed
that they were engaged in the activities listed under Article
1 of the Council Decision, and would be able to challenge their
listing before the General Court of the European Union.
11.6 The Council Decision was adopted at the
Foreign Affairs Council on 31 January 2011 as Council Decision
2011/72/CFSP.[57]
11.7 In his Explanatory Memorandum of 19 January
2012, the Minister recalled the EU sanctions measures against
individuals that included the former President, his wife, family
members and close associates.
11.8 He continued his comments as follows:
"Investigations into the alleged corruption
of individuals listed in the sanctions measures are ongoing in
Tunisia.
"Over the past year, Tunisia has made impressive
progress in its transition to democracy. Tunisia's first democratic
elections took place on 23 October and the new three-party coalition
government was sworn in on 24 December. Addressing the corruption
of the previous regime will continue to be a priority for the
new administration.
"The imposition of a uniform and consistent
asset freeze across the EU sends a strong message of support for
efforts to tackle the corruption of the previous regime and reclaim
stolen assets. However, the asset freeze does not enable Member
States to seize any assets deemed to have been corruptly obtained,
or return them to the Tunisian State. Further action through the
criminal justice system is required before such measures can be
taken. The EU has offered technical assistance to the Tunisian
authorities to ensure that they fully understand the legal procedures
that must be followed in order to secure return of frozen assets."
11.9 Though the extension of these measures raised
no questions, we reported it to the House because of the interest
in developments in north Africa in the aftermath of the "Arab
Spring".[58]
The further draft Council Decision
11.10 This draft Council Decision extends Council
Decision 2011/72/CFSP until 31 January 2014.
The Government's view
11.11 In his Explanatory Memorandum of 22 January
2014, the Minister for Europe (Mr David Lidington) says that,
"over the past two years, Tunisia has continued to make impressive
progress in its transition to democracy, with addressing the corruption
of the previous regime continuing to be a priority for the new
administration; but that, in a post-revolutionary environment,
this is inevitably a slow process."
11.12 The Minister continues his comments as
follows:
"The asset freeze does not itself enable Member
States to seize any assets deemed to have been corruptly obtained,
or return them to the Tunisian State. Further action through the
criminal justice system is required before such measures can be
taken. The conditions necessary to facilitate the lifting of restrictive
measures imposed on persons under Council Decision 2011/72/CFSP
have not yet been achieved, however the EU has offered technical
assistance to the Tunisian authorities to ensure that they fully
understand the legal procedures that must be followed in order
to secure return of frozen assets. We therefore support the aspiration
to extend the current restrictive measures to allow investigations
into the alleged corruption of listed individuals to be completed
and ensure that the structures and processes in Tunisia are in
place to return misappropriated assets to their rightful owners.
"The imposition of a uniform and consistent
asset freeze across the EU sends a strong message of support to
Tunisia for its efforts to tackle the corruption of the previous
regime and reclaim stolen assets, as well as supporting the overall
policy response to the Tunisian Government's political transition
and economic reform.
"Extending the Tunisian measures will also have
an impact on HMG's position on the restrictive measures on Egypt,
which also concern assets of former regime members, believed to
have misappropriated Egyptian State funds.
The extension of the Tunisian measures will
make it less likely that restrictive measures on members of the
former Egyptian regime will be lifted in the EU when the regime
comes up for renewal in March 2013. This protects HMG's efforts
to support the Egyptian judicial process and assist the Egyptians
in the repatriation of misappropriated State funds."
Conclusion
11.13 The renewal of these measures raises
no questions in and of itself. But we are reporting it to the
House nonetheless because of the level of interest in developments
in "the new Tunisia", and because it illustrates how
the EU is endeavouring, in no doubt challenging circumstances,
to help a new regime to develop a law-based approach that, if
it can be developed in this sensitive area, will undoubtedly have
a much wider positive spin-off.
11.14 We now clear the document.
57 OJ No. L 28, 2.2.11, p.62. http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:028:0062:0064:EN:PDF. Back
58
See headnote: HC 428-xlviii (2010-12), chapter 24 (25 January
2012). Back
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