Restrictive Measures (Sanctions)

Restrictive measures, also referred to as sanctions, are legally binding measures that can be taken against individuals, entities or countries. Sanctions are adopted by the United Nations Security Council under Chapter VII of the UN Charter, and through decisions taken at European Union level.

Sanctions measures adopted by the UN are binding on all UN Member States. They are typically implemented in the EU through EU measures (such as Council Decisions and Council Regulations), in order to ensure their consistent implementation in all EU Member States. There may also be aspects of UN sanctions resolutions that are not addressed at EU level because they fall within the competence of the Member States.

In addition to implementing UN sanctions, the EU adopts sanctions measures of its own, under its Common Foreign and Security Policy (Article 215 TFEU), as well as in relation to “preventing and combating terrorism and related activities” (Article 75 TFEU). These are known as “autonomous” EU sanctions.

Autonomous sanctions are an important tool of the EU’s Common Foreign and Security Policy. They seek to bring about a change in the policy and/or behaviour of the target of the restrictive measures. They are used as part of an integrated and comprehensive approach to the pursuit of EU foreign policy objectives, along with political dialogue and other complementary efforts and instruments. Furthermore, the EU may supplement UN sanctions by applying additional measures to those imposed by the UN Security Council. These are known as “mixed sanctions regimes”.

EU sanctions are always targeted. This minimises the consequences for those not responsible for the actions that have triggered their imposition, such as humanitarian agencies and the local civilian population. EU sanctions do not target the delivery of humanitarian aid: food, medicine and other emergency supplies do not fall under EU sanctions. In addition, EU sanctions regimes contain humanitarian exceptions (derogations and exemptions) in order to further facilitate humanitarian action.

Sanctions measures can cover a wide variety of elements such as financial services (e.g. asset freezes), immigration (e.g. visa and travel bans) and trade (e.g. export restrictions).

EU sanctions are reviewed at regular intervals to ensure that the measures in force are aligned with current developments. As such, measures can be strengthened in response to a worsening situation, or relaxed if there is an improvement in circumstances. A key principle of EU sanctions is that they must respect fundamental human rights and fundamental freedoms, with a particular emphasis on the right to due process.

EU Regulations are directly applicable in Irish law, meaning that they must be complied with in the same way as domestic Irish legislation. Penalties for the breach of such EU Regulations are provided for through the enactment of Statutory Instruments, predominantly under the European Communities Act 1972 (as amended).

Ireland does not impose any unilateral sanctions regimes, but implements UN and EU sanctions.

UN sanctions

Information on UN sanctions, including a webpage for each of the 14 UN sanctions committees, is available on the UN sanctions website (see drop-down list entitled “Sanctions” in top left corner for individual webpages).

The UN publishes a consolidated list of all individuals and entities subject to sanctions measures imposed by the UN Security Council.

EU sanctions

Definitive, up-to-date information on EU restrictive measures is available in the Official Journal of the European Union database.

Currently, there are approximately 50 EU sanctions regimes in place. Some are mandated by the United Nations Security Council, while others are adopted autonomously by the EU. Up to date information on EU sanctions, including on the EU implementation of UN sanctions, can be found on the EU sanctions map website. This website provides access to consolidated legal acts for each sanctions regime, as well tables of the individuals and entities listed under each regime.

A consolidated list of persons, groups and entities subject to EU financial sanctions, updated on a regular basis, can be found on the European External Action Service website (note that you will be required to create an account).

All restrictive measures in force are kept under regular review to ensure that they continue to contribute towards achieving their stated objectives.

Review process

UN sanctions

Sanctions adopted by way of UN Security Council resolutions do not have an end date. EU restrictive measures adopted in the implementation of UN Security Council resolutions are amended or lifted without delay, following a decision by the UN to that effect.

EU sanctions

Council decisions imposing EU autonomous restrictive measures usually apply for 12 months, while the corresponding Council regulations are open-ended.

Before deciding to extend such a Council decision, the Council will review the restrictive measures. Depending on how the situation develops, the Council may decide to amend, extend or suspend them.

Mixed sanctions

UN provisions within mixed sanctions regimes are open-ended in time. EU autonomous provisions within mixed sanctions regimes are reviewed at least once every 12 months.

Request for delisting

UN sanctions

In the UN context, petitioners whose names are inscribed on the ISIL (Da’esh) and Al-Qaida Sanctions List can submit their delisting requests through the Office of the Ombudsperson. All other petitioners can submit delisting requests either through the focal point process outlined in Resolution 2744 (2024) or through their State of residence or citizenship.

EU sanctions

Listed persons and entities may submit a request to the Council of the EU, together with supporting documentation, requesting that the decision to list them be reconsidered. They should send this to the following address:

Council of the European Union

General Secretariat

RELEX.1
Rue de la Loi/Wetstraat 175
1048 Bruxelles/Brussel
BELGIQUE/BELGIË

Challenging of listing decisions

Listed persons and entities may challenge the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in the second paragraph of article 275 and the fourth and sixth paragraphs of article 263 of the Treaty on the Functioning of the European Union.

Where can I find out more?

Further information on EU restrictive measures is available on the dedicated sanctions page of the European External Action Service (EEAS), the Council of the EU and the European Commission.

Summaries of all EU sanctions regimes are available on the EU Sanctions Map website.

EU guidance on the implementation of sanctions

A number of documents providing general guidance on the implementation of EU sanctions are available on the EEAS and European Commission sanctions websites, including:

• Guidelines on the implementation and evaluation of restrictive measures in the framework of the EU Common Foreign and Security Policy.
• Best practices for the effective implementation of restrictive measures.

More specific guidance and FAQs on certain regimes and scenarios are also available on the Commission’s website.

In Ireland, penalties for breaches of sanctions are provided for by Statutory Instrument. A comprehensive list of Statutory Instruments may be found in the Irish Statute Book.

For each EU sanctions regime, the relevant Regulation requires Member States to designate National Competent Authorities (NCAs). In Ireland, the three competent authorities are: the Department of Foreign Affairs; the Department of Enterprise, Trade and Employment; and the Central Bank of Ireland. Given the multi-sectoral nature of sanctions measures, a wide range of Government stakeholders are also engaged with sanctions-related issues.

DFA holds responsibility for communicating with the EU, the UN and other states in respect of the implementation of sanctions in Ireland. DFA communicates relevant information from these partners to the appropriate Government Departments and Agencies in Ireland. DFA officials represent Ireland at EU Working Groups of the Council of the EU, where sanctions measures are formulated and negotiated, as well as at other EU fora on restrictive measures. DFA communicates, where necessary, with individuals and entities in Ireland who may be subject to restrictive measures, including in relation to applications for exemptions or authorisations.

DFA also chairs the Cross Departmental International Sanctions Committee (CDISC), which brings together all of the Departments and Agencies with a role in the domestic implementation of sanctions.

Contacts

The contact details for the Irish competent authorities are:

• Department of Foreign Affairs and Trade
• Department of Enterprise, Trade and Employment: exportcontrol@enterprise.gov.ie
• Central Bank of Ireland: sanctions@centralbank.ie

Sharing of information on EU sanctions violations can increase the effectiveness of EU sanctions. The European Commission whistleblower tool can be used by members of the public to report past, ongoing or planned sanctions violations, as well as attempts to circumvent EU sanctions.

More information is available on the European Commission's website. It is possible to use the tool to report sanctions violations anonymously, or with a name and contact details.

Ireland continues to support strong sanctions against Russia that are effectively implemented, in to maintain pressure on Russia. Further information on the EU response to Russia’s aggression against Ukraine, including up-to-date information on the recently adopted 14th package of sanctions, can be found below.

Information notes have been prepared on EU trade and financial sanctions in response to the situation in Ukraine:

• Department of Foreign Affairs: EU sanctions in respect of the situation in Ukraine
• Department of Enterprise, Trade and Employment notice on EU Trade Sanctions in Response to the Situation in Ukraine
• Central Bank of Ireland notice on changes to the Russia/Ukraine Regulations