Further to the recent development in Libya, the Council of the European Union adopted new sanctions measures against Libya on 2 March 2011. The EU Regulation (204/2011) entered into force on 3 March 2011.
EU Regulation 204/2011 provides for an embargo on arms, a ban on equipment for internal repression, as well as restrictions on the admissions and the freezing of funds and economic resources of certain persons involved in serious human rights abuses against persons in Libya, including by being involved in attacks, in violation of international law, on civilian populations and facilities. EU Regulation 204/2011 was amended on 25 March 2011 (regulation 296/2011). The most important amendment involves the obligation to freeze the funds and economic resources of the persons, entities or bodies designated in Annexes II or III of Regulation 204/2011. Such freeze will not prevent non-designated persons, entities or bodies, in which the designated person, entity or body has a stake, from continuing to conduct legitimate business insofar as this business does not involve making available any funds or economic resources to a designated person, entity or body.
New EU sanctions measures were also introduced against certain persons, entities and bodies in view of the situation in Tunisia. On 4 February 2011, the Council of the European Union adopted Regulation 101/2011, providing for the freezing of funds and economic resources of the persons responsible for the misappropriation of Tunisian State funds, and persons associated with them. EU Regulation 101/2011 entered into force on 5 February 2011.
The EU sanctions measures against Libya and Tunisia are directly applicable in all 27 member states, though they must be enforced by the member states pursuant to national implementing laws. Consistent with other EU sanctions regulations, the sanctions against Libya and Tunisia will apply to any EU nationals or entities organised under the laws of an EU member state (irrespective of where they are operating), any person or entity acting within the jurisdiction of an EU Member State, or on board any aircraft or vessel under the jurisdiction of a Member State.