Edited by Massimo Ferracci

As part of its response to terrorism following the attacks of 11 September 2001, in December of that year the European Union established a list of persons, entities, and groups involved in terrorist acts and subject to restrictive measures. These restrictive measures, which are included in Common Position 2001/931/CFSP, constitute supplementary measures adopted to implement UN Security Council Resolution 1373 (2001). The list includes individuals and groups active both inside and outside the EU and is reviewed regularly, at least every six months. Since September 2016, the EU has been able to apply sanctions autonomously against ISIL/Da'esh and Al-Qaeda and individuals and entities associated with or supporting them. Until then, sanctions could only be applied to individuals and entities included on the UN list or by EU Member States acting individually.

Restrictive measures applied

Common Position 2001/931/CFSP establishes the criteria for the inclusion of persons, groups and entities on the list.
It identifies the actions that constitute terrorist acts for this purpose and defines the restrictive measures to be applied.
These restrictive measures are:

• measures related to the freezing of capital and financial assets
• measures related to police and judicial cooperation

The persons, groups and entities included in the list are subject to both the freezing of funds and other financial assets and to enhanced measures of police and judicial cooperation in criminal matters.

Regulation 2580/2001 provides for the freezing of all funds and other financial assets belonging to such individuals, groups, and entities. Furthermore, funds, financial assets, and economic resources cannot be made available to them, directly or indirectly. In all these cases, these are terrorists from outside the EU.
A second group of listed individuals and entities is subject only to enhanced police and judicial cooperation measures in criminal matters. In all these cases, these individuals are domestic terrorists within the EU. Council Decision (CFSP) 2016/1693 and Council Regulation (EU) 2016/1686 provide the EU legal framework for imposing a travel ban on individuals identified as being associated with ISIL (Da'esh)/Al-Qaeda and an asset freeze on individuals and entities in the same situation.

Criteria for inclusion in the list

The Common Position establishes that the list be drawn up on the basis of precise information demonstrating that a judicial authority or equivalent competent authority has taken a decision concerning the person, group, or entity in question. This decision may concern:

• the initiation of investigations or criminal prosecutions for a terrorist act, the attempt to commit one or its facilitation
• conviction for one of the above acts. Persons, groups and entities that the UN Security Council has identified as being linked to terrorism and against which it has issued sanctions may also be included in the list.

Key objectives in the adoption of sanctions

• safeguard the values, fundamental interests and security of the EU
• preserve peace
• consolidate and support democracy, the rule of law, human rights and the principles of international law
• prevent conflicts and strengthen international security

Sanctions are intended to induce a change in the policy or conduct of the entity to which they are directed, in order to promote the objectives of the CFSP.
They can be directed to:
• governments of third countries due to their policies
• entities (companies) that provide the tools for the implementation of the policies in question
• groups or organizations such as terrorist groups
• individuals who support the policies in question, are involved in terrorist activities, etc.

They are designed to minimize negative consequences for those not responsible for the policies or actions that led to the sanctions. In particular, the EU strives to minimize the impact on the local civilian population and on legal activities conducted in or with the country in question.
All restrictive measures adopted by the EU are fully compliant with its obligations under international law, including those on human rights and fundamental freedoms.
We remind you that Iran – pursuant to and for the purposes of European legislation on combating money laundering and terrorist financing – is considered a country at high risk of money laundering, therefore transactions involving Iranian counterparties are subject to enhanced due diligence measures by intermediaries.

Rome, January 20, 2021