UN Sanctions
What are sanctions/ restrictive measures?
Sanctions are a foreign policy tool imposed against third countries, individuals or entities.
Sanctions are adopted by the United Nations Security Council under Article 41 of Chapter VII of the UN Charter and are binding on all UN Member States.
Sanctions are not intended to be punitive; rather they are imposed with the aim of bringing about a change in policy or in a behaviour, to prevent conflict or respond to an emerging or existing crisis.
As such, sanctions are an important foreign policy tool, which are part of an integrated and comprehensive strategic approach to the pursuit of foreign policy objectives.
Sanctions should be targeted, and therefore aim to minimise the consequences for those not responsible for the actions that have triggered the imposition sanctions, such as, for example, the local civilian population.
The type of sanctions imposed will depend on the specific sanctions regime, and what it aims to achieve. Most regimes involve a number of different measures, with asset freezes, arms embargos and travel bans being the most common.
Sanctions are reviewed at regular intervals to ensure that the measures in force are aligned with developments, as such measures can be strengthened in response to a worsening situation, or eased if there is an improvement in circumstances.
A key principle of sanctions is that they must respect fundamental human rights and fundamental freedoms, with a particular emphasis on the right to due process. In this regard, Ireland is an active member of the UN Group of Like-Minded of Targeted Sanctions.
All sanctions applied by Ireland are either UN or EU sanctions – Ireland does not have its own national sanctions regime. UN sanctions are implemented in all EU Member States through Council Decisions and Council Regulations to ensure consistent implementation.
What are the current UN sanctions/ restrictive measures in place?
The UN publishes a consolidated list which includes all individuals and entities subject to sanctions measures imposed by the UN Security Council. The information may be downloaded in a number of searchable formats (PDFs, EXCEL) and comprehensive instructions and guidance for users is provided.
UN consolidated sanctions list
Ireland
In Ireland, penalties for breaches of sanctions are provided for by Statutory Instrument (SIs). A comprehensive list of SIs may be found in the fully searchable Irish Statute Book
Who are the Competent Authorities for sanctions/ restrictive measures in Ireland?
Within the EU each Member State is required to nominate a number of “Competent Authorities” that are engaged with sanctions issues.
In Ireland’s case, there are three “Competent Authorities”: the Department of Foreign Affairs and Trade, the Department of Jobs, Enterprise and Innovation, and the Central Bank of Ireland.
Given the multi-sectoral nature of sanctions measures, however, a wide range of Government stakeholders are engaged on sanctions-related issues.
What is the role of the Department of Foreign Affairs as a Competent Authority?
The Department of Foreign Affairs (DFA) is responsible for foreign policy and representing Ireland internationally. In the context of sanctions, this involves engagement with the relevant bodies at the United Nations and the EU, and ensuring information is shared with the appropriate Government Departments and Agencies in Ireland.
Where can I find out more?
For further information on sanctions issues, comprehensive background material is available from the United Nations website, which provides an overview of sanctions policy and the specific work of the various sanctions committees.
Applications for authorisation
Where relevant and permitted under specific sanctions regimes, applications for authorisation can be made to the relevant Competent Authority.
Security Council Resolution 2664
In 2022, during our United Nations Security Council term, Ireland worked with the United States on Resolution 2664, which introduced a humanitarian carve-out across all UN sanctions regimes.
This resolution saw Ireland using its role as an elected member on the Council to deliver on one of the longstanding demands of the humanitarian community, ensuring that humanitarians can work in some of the most complex environments, without fear of inadvertently falling foul of UN sanctions regimes.
It will allow the Council to focus on targeted sanctions as an effective tool for dealing with serious violations of international humanitarian law and human rights, while ensuring that humanitarian actors can continue their lifesaving work unimpeded.