Targeted Financial sanctions
The UN sanctions regime was first established by Resolution UNSCR 1267 (1999). The United Nations Security Council imposes a number of measures against individuals and entities associated with Al-Qaida and, subsequently, ISIL/Da’esh. The sanctions regime has been further strengthened and modified by a number of subsequent resolutions (for the full list see the website of the UN Sanctions Committee). The measures to be implemented by countries according to the resolutions include asset freezes, travel bans and arms embargoes in respect of individuals and entities designated by the UN Sanctions Committee. In addition, the resolutions provide for procedures for the listing and de-listing of individuals, access to funds for basic and extraordinary expenses, protection of the rights of third parties, amongst other issues.
Following the terrorist attacks of 11 September 2001, the UN further strengthened the sanctions regime by adopting UNSCR 1373 (2001), which requires countries to put in place mechanisms enabling the designation of terrorists and persons associated with terrorism at national level and the consequent application of freezing measures. Procedures introduced should also enable the processing of requests made by foreign countries.
A further scope of activity of the UN Security Council taken under Chapter VII of the UN Charter was formulated by the adoption of Resolution 1540 (2004), which obliges states to refrain from supporting non-state actors seeking to acquire, manufacture, possess, transport or use nuclear, chemical or biological weapons and their means of delivery. This was reiterated by Resolutions 1718 (2006) and subsequent measures with respect to the Democratic People’s Republic of Korea, and Resolution 1737 (2006) and subsequent measures with respect to the Islamic Republic of Iran. These resolutions imposed measures countering proliferation of WMD, including travel bans and asset freezes of designated persons and entities or their associates.
The FATF Standards require countries to implement the above-mentioned UNSCRs concerning the establishment of mechanisms enabling the application of asset-freezing measures with regard to individuals and entities associated with terrorism or proliferation, or the financing thereof. In 2012, the FATF included Recommendation 6 (Targeted financial sanctions related to terrorism and terrorist financing) and Recommendation 7 (Targeted financial sanctions related to proliferation) as binding requirements. These Recommendations were further clarified by FATF guidance and best practices, updated most recently in 2021–2022.
Apart from monitoring the implementation of the FATF Recommendations in the course of its evaluations, MONEYVAL also follows legislative measures adopted by the EU with regard to the UN sanctions regime, as well as the jurisprudence of the CJEU and the European Court of Human Rights. It regularly invites relevant experts to its plenaries to present the latest developments in this field.
Reference documents
- FATF Report highlights major gaps in global response to Proliferation Financing and Sanctions Evasion
- FATF Guidance (2021) – Guidance on Proliferation Financing Risk Assessment and Mitigation
- FATF Guidance on Counter Proliferation Financing - The Implementation of Financial Provisions of United Nations Security Council Resolutions to Counter the Proliferation of Weapons of Mass Destruction
- FATF Best Practices (2013) – International Best Practices: Targeted Financial Sanctions Related to Terrorism and Terrorist Financing Recommendation 6
- FATF Guidance (2013) – Implementation of Financial Provisions of United Nations Security Council Resolutions to Counter the Proliferation of Weapons of Mass Destruction
Relevant Council of Europe websites
Conference of the Parties (COP) to the CETS 198
