13 Restrictive measures against Syria
| Committee's assessment
| Legally and politically important |
| Committee's decision | Cleared from scrutiny; further information requested
|
| Document details | (a) Council Implementing Decision implementing Decision 2013/255/CFSP concerning restrictive measures against Syria
(b) Council Implementing Regulation implementing Regulation (EU) No. 36/2012 concerning restrictive measures in view of the situation in Syria
|
| Legal base | (a) Article 29 TEU; unanimity
(b) Article 215 TFEU; qmv
|
| Department
Document numbers
| Foreign and Commonwealth Office
(a) (36603),— (b) (36604),—
|
Summary and Committee's conclusions
13.1 These proposals will re-impose travel restrictions and asset
freezes against three individuals associated with the Assad regime
in Syria, Ayman Jabir, Khalid Qaddur and Mohamed Hamcho, and one
entity, Hamcho International. The original restrictions were
annulled by the General Court. The re-listing is based on new
statements of reason.
13.2 We support the principle that restrictive measures should
be both targeted and legally robust. However it is not evident
that this is the case with these proposals, particularly given
the background, which includes the Council being unable to provide
sufficient backing evidence using open sources when invited to
do so in court hearings on 11 June 2014. The Minister (Mr David
Lidington) only indicates that these proposals are based on new
grounds supported by information taken from open sources which
can be shared with the Court; and also that they comply with fundamental
rights. The reasons given in respect of Qaddur appear especially
vague in that they state that he "is associated with a person
benefitting and supporting the regime" without identifying
that person.
13.3 We clear these proposals so that they can be adopted before
the existing restrictive measures end. However, in doing so we
ask the Minister to confirm that he considers the reasons given
for the restrictive measures, and the underlying evidence, to
be sufficiently robust to either deter or withstand further legal
challenge. We also ask him to provide this evidence given that
it is open source.
Full details of the documents:
(a) Council Implementing Decision implementing Decision 2013/255/CFSP
concerning restrictive measures against Syria: (36603), —;
(b) Council Implementing Regulation implementing Regulation (EU)
No. 36/2012 concerning restrictive measures in view of the situation
in Syria: (36604), —.
Background
13.4 On 13 November 2014, the General Court of the
European Union annulled the designations of Khalid Qaddur, Ayman
Jabir, Mohamed Hamcho and Hamcho International under the EU Syria
sanctions regime in Cases T-653/11 Ayman Jabir v Council, T-654/11
Khalid Qaddur vs. Council and T-43/12 Mohamed Hamcho and Hamcho
International vs Council. The Court's main reason for annulment
in each case was that the EU Council was unable to provide the
Court with sufficient evidence to back up the assertions made
in the statement of reasons. The Court suspended the effects of
the annulment until 28 January 2015.
The Explanatory Memorandum of 15 January 2015
13.5 The Minister sets out the Government's general
policy:
"Targeted, legally robust sanctions are
one of the tools the EU can use to pressure the regime into reassessing
its position and reengaging constructively with peace talks with
the moderate opposition. It is necessary to designate those providing
practical and financial support to the Syrian regime and its war
effort in order to put pressure on the Syrian regime to enter
into a political settlement to the conflict, and also to curtail
the Syrian regime's ability to wage a brutal war against its own
people. The UK remains firm in its belief that a negotiated political
settlement is the only solution to conflict and Syria's worsening
humanitarian crisis."
13.6 In respect of these specific individuals and
entity he indicates:
"The Syria policy imperative for re-listing
Ayman Jabir, Khalid Qaddur, Mohamed Hamcho and Hamcho International
has remained strong following the court judgements annulling these
listings. The Syrian regime relies on the support of individuals
and entities such as these to continue its brutal war on the Syrian
people. There was a high risk that their funds, once unfrozen,
would be at the disposal of the regime for use in their repression
of the civilian population. Therefore new grounds for re-listing
were prepared, supported by evidence from open sources that the
Council will be able to share with the Court."
13.7 He indicates that new grounds for re-listing
the four cases have been prepared during the period of the suspension
of the annulment of the original restrictive measures. They are
supported by information taken from open sources that the Council
will be able to share with the Court. He also confirms that these
proposals are in accordance with fundamental rights.
Previous Committee Reports
None.
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