15 Restrictive measures against Syria
| Committee's assessment
| Legally and politically important |
| Committee's decision | Not cleared from scrutiny; further information requested
|
| Document details | (a) Council Implementing Decision 2015/383 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria (b) Council Implementing Regulation 2015/375 implementing Regulation (EU) No. 36/2012 concerning restrictive measures in view of the situation in Syria
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| Legal base | (a) Article 30(1) TEU; QMV; (b) Article 32(1) of Regulation 36/2012; QMV
|
| Department
Document numbers
| Foreign and Commonwealth Office
(a) (36716),— (b) (36717),—
|
Summary and Committee's conclusions
15.1 These proposals will impose, for the first time, restrictive
measures on seven individuals and six entities, some linked to
the restrictive measures re-imposed by the draft measures considered
at chapter 29.
15.2 The Minister for Europe (Mr David Lidington)
writes separately to explain that it was necessary to override
scrutiny due to fear of asset flight. However in his Expalanatory
Memorandum he indicates that EU legislation requires the individuals
and entities concerned to have an opportunity to present observations
on the reasons for their listing.
15.3 We ask the Minister when the individuals
and entities concerned were given the opportunity to make observations
on the reasons for their listings. If this was prior to the adoption
of the measures, we further ask him to explain why this prior
notice could not have cleared the way for prior parliamentary
scrutiny of the draft measures.
15.4 In the meantime we retain the matter under
scrutiny.
Full details of
the documents: (a) Council Implementing
Decision (CFSP) 2015/383 of 6 March 2015 implementing Decision
2013/255/CFSP concerning restrictive measures against Syria: (36716),
—; (b) Council Implementing Regulation (EU) 2015/375 of
6 March 2015 implementing Regulation (EU) No. 36/2012 concerning
restrictive measures in view of the situation in Syria: (36717),—.
The Explanatory Memorandum of 10 March 2015
15.5 The Minister sets out the background and lists
the individuals and entities concerned:
"On 6 March 2015, the EU Council agreed
the designation of 7 individuals and 6 entities under Syria restrictive
measures. The attached Council Regulation (EU) No.2015/375 and
Council Decision 2015/383 refers. The new designations target
individuals and entities supplying oil to the Syrian regime, figures
involved in chemical weapons use and production, regime businessmen
and regime officials. The new designations are as follows:
· Bayan
Bitar — Managing Director of the Organisation for Technological
Industries (OTI) and the Syrian Company for Information Technology,
which are both subsidiaries of the Syrian Ministry of Defence.
· Brigadier
General Ghassan Abbas — Manager of a branch of the sanctioned
Syrian Scientific Studies and Research Centre, which is involved
in the production of chemical weapons.
· Wael
Abdulkarim — Managing Director of the sanctioned oil importer
Pangates International.
· Ahmad
Barqawi — General Manager of the sanctioned oil importers
Pangates and Al Karim Group.
· George
Haswani — Prominent Syrian businessman, involved in the
purchase of oil from ISIL on behalf of the Syrian regime.
· Emad
Hamscho — Has a senior role at Hamsho Trading, which is
a subsidiary of the sanctioned entity Hamsho International. Funds
regime affiliated militias.
· Samir
Hamscho — Owner and Chairman of Al Buroj and Syria Steel,
subsidiaries of the sanctioned entity Hamsho International.
· Organisation
for Technological Industries — A subsidiary of the Ministry
of Defence and involved in the production of chemical weapons.
· Syrian
Company for Information Technology — A subsidiary of the
Ministry of Defence and involved in the production of chemical
weapons.
· Hamsho
Trading — subsidiary of Hamsho International, which has
been sanctioned by the Council.
· Syria
Steel — Subsidiary of Hamsho International and Hamsho Trading,
which have both been sanctioned by the Council. Supports Syrian
regime and its militias.
· Al Buroj
Trading — Subsidiary of Hamsho International and Hamsho
Trading, which have been sanctioned by the Council.
· DK Group
— A supplier of banknotes to the Central Bank of Syria,
which has been sanctioned by the Council."
15.6 He sets out the policy implications as follows.
"The Syria policy imperative for listing
these individuals and entities is high. Each provides substantial
financial and material support to the Syrian regime or is closely
associated with those that do. By adding them to the EU sanctions
list we are freezing any assets they may hold in the EU and are
denying them travel to the EU. In doing so we are limiting their
ability to provide support to Assad and further isolating his
brutal regime.
"Targeted, legally robust sanctions are
one of the tools the EU can use to increase pressure on the Syrian
regime and incentivise renewed constructive engagement with the
moderate opposition on the political track. EU sanctions have
cut off many of the regime's pre-war funding streams and limited
revenue from others. Taken as a package, they have had a tangible
effect on Assad's ability to conduct his war effort and are sending
a vital political signal that we will not work with Assad. The
UK remains firm in its belief that a negotiated political settlement
is the only solution to the conflict and Syria's worsening humanitarian
crisis."
15.7 His fundamental rights analysis, meeting a commitment
to provide a fuller analysis than previously (see chapter 14),
is as follows:
"The procedures for designating individuals
under Council Decision 2013/255/CFSP and Council Regulation (EU)
36/2012 ('the principal Decision and Regulation'), which the above
Decision and Regulation amend so as to designate new individuals
and entities, are considered to be compliant with fundamental
rights.
"Provision is made in the principal Decision
and Regulation for competent authorities of Member States to authorise
the release of frozen funds where necessary in certain circumstances,
for example, to satisfy the basic needs of listed persons or their
dependents and where necessary for extraordinary expenses. Decisions
by competent authorities of Member States in this regard would
be subject to challenge in Member States' courts. In addition,
Member States may grant exemptions from the travel ban where travel
is justified, inter alia, on the basis of urgent humanitarian
need.
"The principal Decision and Regulation respect
fundamental rights, notably the right to an effective remedy and
to a fair trial and the right to the protection of personal data.
"The principal Decision and Regulation state
that the Council shall provide designated persons and entities
with an opportunity to present observations on the reasons for
their listing. Where observations are submitted, the EU will review
its decision in the light of those observations and inform the
person or entity concerned accordingly. In addition, the measures
will be kept under review. Furthermore, the Courts of the European
Union must, in accordance with the powers conferred on them, ensure
the review of the lawfulness of all European Union acts in respect
of fundamental rights.
"Those fundamental rights include respect
for the rights of the defence and the right to effective judicial
protection.
The Minister's letter of 10 March 2015
15.8 In this letter the Minister expands upon the
policy imperative of the listings and the risk of asset flight:
"The new designations target individuals
and entities supplying oil to the Syrian regime, those involved
in chemical weapons use and production, and prominent Syrian businessmen
and regime officials.
"The policy imperative for listing these
individuals and entities is high. Each provides substantial financial
and material support to the Syrian regime or is closely associated
with those that do. By adding them to the EU sanctions list we
continue to limit their ability to provide support to Assad and
further isolate his brutal regime.
"However, in order to ensure that details
of these designations were not made public before they entered
into force, I agreed to the adoption of the Council Decision and
Regulation before your Committee had an opportunity to scrutinise
the documents. This was regrettable, but as I have discussed with
your Committee previously, a necessary step in order to mitigate
the risk of asset flight on this occasion.
"As you know, the responsibility to keep
your Committee informed on issues concerning Syria sanctions is
something I take seriously and the need for the override of scrutiny
on this occasion was regrettably unavoidable.
Previous Committee Reports
None, but see, in relation to related restricted
measures (36603,— and 33604,—), Thirtieth Report HC
219-xxix (2014-15), chapter 13, (21 January 2015).
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