– CHECK AGAINST DELIVERY –

Thank you, Mr. President,

I have the honour to speak on behalf of the European Union and its Member States.

The Candidate Countries Montenegro*, Ukraine, the Republic of Moldova, Bosnia and Herzegovina^* and Georgia, and the EFTA countries Iceland, Liechtenstein and Norway, members of the European Economic Area, align themselves with this statement.

Mr. President,

Sanctions have become a fault line in the UN. They have been misconstrued by some, and unjustly blamed for matters for which they are not responsible.

I thank you therefore for convening this meeting, which serves as an opportune moment to clarify the reasons for sanctions, how they function within the EU, and their intended outcomes.

[Why sanctions are necessary?]

Mr. President,

Sanctions are a vital tool available to the UN Security Council to ensure the maintenance of international peace and security. They support conflict resolution such as in the case of the two latest renewals for Libya and South Sudan. They constrain the proliferation activities of the DPRK and the terrorist threat posed by the ISIL and Al-Qaida and their affiliates. They curb the flow of arms and ammunition or the financing of armed groups in conflict situations.

In short, sanctions are one of the most powerful peaceful tools of the international community.

Language describing sanctions as “unilateral coercive measures” can be misleading and is often a politically motivated attempt to divert attention away from the reason the sanctions were imposed in the first place. Some of the loudest voices promoting the UCM narrative are at the same time obstructing meaningful adoption or implementation of UN sanctions. In this context, it is deplorable that the Russian Federation recently vetoed the extension of the mandate for the DPRK Sanctions Committee’s Panel of Experts in the Security Council, seemingly with the intent to hide illicit arms transfers between DPRK and Russia.

For the EU, sanctions are necessary to preserve peace and security and to defend international law, the rule of law and human rights. The alternative would be non-action in the face of clear violations of international law or actions jeopardizing international peace and security and the inability of the Security Council to act.

In the wake of the unprovoked and unjustified aggression by Russia against Ukraine, the EU adopted 13 sanctions packages. All of them are public and can be checked on-line. They range from asset freezes to travel bans, to sectoral economic sanctions, including a ban on export of components, goods or technologies that can be used in the battlefield.

Yet sanctions against Russia did not come out of thin air. When Russia started to build up troops at the border of Ukraine in preparation for the invasion, we told Russia that if it invades Ukraine, there will be serious consequences. And these are the consequences. Because Russia’s unprovoked and unjustified war of aggression is a blatant violation of the core principles of the UN Charter.

[What do the EU sanctions intend to achieve?]

The international community must not ignore instances of human rights violations or abuses, the imprisonment or killing of human rights defenders, suppression of democratic opposition and civil society organizations, or the use of chemical weapons. Those perpetrating such grave violations must cease these actions. Our sanctions aim to target those responsible for these transgressions.

The EU global human rights sanctions regime applies to genocide, crimes against humanity and other serious and systematic human rights violations or abuses such as torture, slavery, extrajudicial killings, arbitrary arrests or detentions. It targets those who provide financial, technical, or material support for, or are otherwise involved with people and entities committing such violations. It restricts exports of equipment that is used for repression, restricts transfers of technology or software intended for use in information security and the monitoring or interception of telecommunication.

EU sanctions are intended to preserve peace and support democracy, the rule of law, human rights, the principles of international law as well as to strengthen international security. They aim at protecting the most vulnerable of us.

The measures are targeted and carefully calibrated, aimed at those responsible. EU sanctions do not target the civilian population. On the contrary, it is frequently the civilian population, human rights defenders and civil society entities that call for these measures to be imposed.

They also do not target the delivery of humanitarian aid. Food, medicine and other emergency supplies are exempted by default from EU sanctions.

The EU and its Member States are the biggest donor of humanitarian assistance in the world, including to countries where sanctions are in place. EU sanctions regimes contain humanitarian exceptions in order to facilitate humanitarian action. The EU has fully transposed UN Security Council Resolution 2664, which provided a humanitarian carve-out from the asset freeze from UN sanctions regimes. Additionally, the autonomous EU sanction regimes contain humanitarian exceptions.

[How do the EU sanctions work?]

Mr. President,

EU sanctions respect the rights of the listed persons and entities, including due process rights. EU sanctions designations are based on specific listing criteria and require legally robust evidence. They always give reasons for listing so that the individual or entity concerned understands the grounds for their listing. Individuals, legal persons and States under sanctions may challenge them before the Court of Justice of the European Union. Some of them have successfully done so.

EU sanctions are temporary in nature. They are subject to regular review, and are proportionate to the gravity of the situation they address.

The term ‘sanctions’ can have a negative connotation, as in layman’s terms, a sanction is ‘penalty’ or ‘punishment.’ However, sanctions are not punitive. That is why the EU treaties call them ‘restrictive measures.’ They restrict certain activities in order to induce a change of conduct. Those restrictions are applied to EU operators and within the EU jurisdiction. They do not create obligations for non-EU operators, unless their business is conducted at least partially within the EU. As such, our sanctions do not have extraterritorial application.

To conclude, Mr. President, sanctions are a means rather than an end in themselves.

They are part of a wider, comprehensive policy approach involving political dialogue and complementary efforts, such as preventive diplomacy, political dialogue and other instruments aimed at preserving international peace and security, defending the Charter, the rule of law and human rights. If these universal principles and values were universally upheld and respected by all UN members, sanctions would not be necessary.

I thank you.  

* Montenegro and Bosnia and Herzegovina continue to be part of the Stabilisation and Association Process.