Documents considered by the Committee on 18 March 2015 - European Scrutiny Contents


15 Restrictive measures against Syria

Committee's assessment Legally and politically important
Committee's decisionNot 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
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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