Explanatory Memorandum for Tynwald Members

Issued by the Cabinet Office

To the Hon Clare Christian, President of Tynwald, and the Hon. Council and Keys in Tynwald assembled

Tynwald – May 2016

Application and implementation of European Union sanctions

1. Title of measures

The following item is to be moved for approval:-

SD 2016/0153 European Union ( Sanctions) (Amendment) Order 2016

The following item is to be laid before Tynwald and subject to negative resolution:-

SD 2016/0154 Central African Republic Sanctions (Amendment) Regulations 2016

2. Changes in policy

None

3. Effects of the measures

The purpose of the above Order and Regulations is to apply (with certain modifications) and implement an updated EU sanctions instrument in the Island which amends the relevant Council Regulation (EU) as follows —

Background

In March 2013 rebels overran the Central African Republic (CAR) capital and seized power. The rebel leader suspended the constitution, dissolved Parliament and was sworn in as President in a coup condemned internationally.

October 2013 the UN Security Council approved the deployment of a UN peacekeeping force. It supported existing African Union troops already on the ground alongside French troops. By December the country faced turmoil with rival Muslim and Christian fighters accused of killing hundreds of people. France increased its deployment of troops to 1,600 in a bid to disarm the various militias.

In early 2014, after facing criticism for failing to stop sectarian violence Michel Djotodia resigned and Catherine Samba-Panza took over as new interim President. By August 2014, Muslim politician Mahamat Kamoun was named interim Prime Minister, leading a transitional government.

In early 2015, the CAR government rejected an initial ceasefire deal made in Kenya between two militia groups but renewed talks amongst all parties – the “the Forum” – resulted in the signing of a provisional peace accord on 11 May 2015.

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Explanatory Memorandum for Tynwald Members

Following a Presidential election, won by President Faustin-Archange Touadera, a new Government was sworn in on 11 April 2016, led by Prime Minister Mathieu Simplice- Sarandji. The formation of a new Government is considered to be progress in returning the country to normality. The CAR has also been readmitted to the African Union, ending a three-year suspension following the 2013 coup.

The present measure:

Council Regulation (EU) 2016/555 of 11 April 2016 amending Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic.

— provides for further clarifications, namely:

(i) Amending the asset freeze designation criteria following the United Nations Security Council’s adoption of Resolution 2262 (2016) on 27 January 2016.

(ii) The insertion of a definition related to “supplies of non-lethal equipment and provision of assistance, including operational and non-operational training to the CAR security forces, intended solely for support of or use in the CAR process of Security Sector Reform (SSR)…”

(iii) Further definitions to capture those natural or legal persons, entities and bodies identified by the Sanctions Committee. Listed examples include, amongst others: “…engaging in or providing support for acts that undermine the peace, stability of security of the Central African Republic…” , ”…recruiting or using children in armed conflict in the Central African Republic, in violation

of applicable international law” and ”…obstructing the delivery of humanitarian assistance to the Central African Republic…”.

4. Reasons for the measures

Although European Union sanctions measures are not directly applicable to the Isle of Man under Protocol 3, it is in the interests of the Island’s international reputation for UN, EU and other international sanctions measures to be complied with.

5. Resource implications

It is not considered that there any resource implications.

6. Tynwald procedure

This application Order is made under section 2A of the European Communities (Isle of Man) Act 1973 which provides that the Council of Ministers can make an Order in relation to EU sanctions measures that comes into force with immediate effect, but for which the approval of Tynwald must be sought as soon as practically possible after such an Order has been made. The implementing Regulations were made under section 2B of the 1973 Act which provides that they may come into force with immediate effect but they must then be laid before Tynwald at the earliest opportunity, where they are subject to the negative resolution procedure.

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