The European Union published on the Official Journal of the European Union Council Regulation (EU) 2017/2063 of 13 November 2017 and Council Decision (CFSP) 2017/2074 of 13 November 2017 (OJ L 295/21 and OJ L 295/60 of 14/11/2017) establishing sanctions against Venezuela.
It is worth to notice that these EU sanctions are not in implementation of any United Nations Security Council resolution.
Following the continuing deterioration of democracy, the rule of law and human rights in Venezuela and acting in the respect the Charter of Fundamental Rights and Principles of the European Union, in particular the right to an effective remedy and a fair trial and the right to the protection of personal data, the EU established the following prohibitions, as regard to conventional weapons and dual-use goods and technologies:
For goods and technology listed in the EU Common List of Military Equipment (Article 2 of the Council Regulation):
- direct or indirect provision of technical assistance, brokering services and other services related to the as well as their manufacture, maintenance and use;
- direct or indirect provision of financing or financial assistance related to the goods and technology listed in the Common Military List, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering services and other services.
Derogations are provided for contracts concluded before 13 November 2017 or to ancillary contracts necessary for the execution of such contracts.
For items listed in Annex I to this Council Regulation “Equipment which might be used for internal repression” (Article 3 of the Council Regulation):
- to sell, supply, transfer or export, directly or indirectly, equipment which might be used for internal repression, as well as technical assistance and brokering and other related services;
- to provide financing or financial assistance, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, related to these equipment.
Derogations are provided for humanitarian reasons and crisis management operations by the UN, the Union or regional and sub-regional organisations.
For items listed in Annex II to this Council Regulation “Equipment, technology and software intended primarily for use in the monitoring or interception of internet or telephone communications” NOT including equipment, technology or software which are specified in Annex I to Council Regulation (EC) 428/2009 or the Common Military List (Article 6 of the Council regulation):
- to sell, supply, transfer or export, directly or indirectly;
- to provide technical assistance or brokering services, or related to the installation, provision, manufacture, maintenance and use or to the provision, installation, operation or updating;
- to provide, directly or indirectly, financing or financial assistance;
- to provide any telecommunication or internet monitoring or interception services of any kind to, or for the direct or indirect benefit of, Venezuela’s government, public bodies, corporations and agencies or any person or entity acting on their behalf or at their direction.
Derogations can apply if there is an authorisation by Member States’ competent authority. However, competent authorities cannot grant any authorisation if they have reasonable grounds to determine that the equipment, technology or software in question would be used for internal repression.
Article 14 of the Council Regulation establishes a quite unusual provision, working a sort of catch-all provision, allowing to prohibit to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the measures laid down in this Regulation.
Council Decision (CFSP) 2017/2074 completes the export prohibitions imposed by the Regulation as regard to military activities, in particular through the prohibition:
- to sale, supply, transfer or export of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and their spare parts;
- to provide technical assistance, brokering services and other services related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and their pare parts;
- to provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of arms and related materiel or for the provision of related technical assistance, brokering services and other services;
The same derogations established by the Regulation apply for this Decision.