Restrictive Measures

Restrictive measures are restrictions or prohibitions imposed by international public law to intervene on the behavior of a country or regime, in cases where that country or regime is endangering international peace and security or violating human rights.

In particular, in the context of the international regulatory framework for the prevention and contrast of terrorism, the proliferation of weapons of mass destruction and their financing, the United Nations has imposed, through the resolutions of its Security Council, prevention measures (so-called "Restrictive measures" or "sanctions") against subjects in any way connected to a terrorist network or in activities of proliferation of weapons of mass destruction or their financing.

Penalties vary by country and situation and the main ones are:

  • the freezing of funds and economic resources held or controlled, directly or indirectly, by persons, entities or groups included in the lists prepared by the appropriate United Nations Committees; of the assets or funds derived or generated from funds or other utilities held or controlled, directly or indirectly, by individuals, groups or entities included in the lists of the United Nations, and, also, of the assets or funds of individuals, groups or entities acting in the interest or under the direction of the subjects included in the aforementioned lists;
  • trade restrictions, including trade restrictions on import or export and arms embargoes;
  • financial restrictions, including financial or financial assistance restrictions and a ban on the provision of financial services;
  • other restrictions, including restrictions on technical assistance, a flight ban, a ban on entry or transit, diplomatic sanctions, suspension of cooperation and a boycott of sporting events.

 

The UN lists

The United Nations lists are lists of subjects (individuals, groups and entities) prepared and amended periodically by the United Nations Security Council or its Committee, to which the restrictive measures provided for by the resolutions must be applied.

In preparing these lists, the United Nations Security Council or its competent Committees rely on the designation proposals made by the Member States.

A direct link with the consolidated list, constantly updated by the Security Council, which groups together all the lists of natural and legal persons subject to the restrictive measures ordered by the United Nations, is available both on the website of the Financial Information Agency:

https://www.aif.sm/site/home/misure-restrittive/comitati-e-liste-consolidate.html

and on the website of the Secretariat of State for Foreign Affairs:

http://www.esteri.sm/on-line/home/affari-esteri/dipartimento-affari-esteri/comitato-per-le-misure-restrittive/misure-restrittive-consiglio-di-sicurezza-onu.html

The section that also lists the individual committees is also available on the website of the Financial Intelligence Agency:

https://www.aif.sm/site/home/misure-restrittive/comitati-e-liste-consolidate.html

The direct link to the website of the UN Security Council and its Sanctions Committees is also shown below:

www.un.org/sc/suborg/en

How to check if a name is present in a UN list? clic here

The national list

United Nations Security Council Resolution 1373 (2001) broadened the scope of the freeze list system by extending it to further lists of individuals (groups, entities) suspected of belonging to or supporting terrorist organizations, managed directly by the Member States .

The national list of the Republic of San Marino is available on the website of the Secretariat of State for Foreign Affairs at the following link:

http://www.esteri.sm/on-line/home/affari-esteri/dipartimento-affari-esteri/comitato-per-le-misure-restrittive/lista-nazionale.html

 

San Marino and the UN restrictive measures

San Marino adopts the restrictive measures without delay, in accordance with the resolutions of the United Nations Security Council or its Committee, in accordance with the provisions of Law no. 57 of 29 March 2019 "Measures to prevent, combat and repress the financing of terrorism, the proliferation of weapons of mass destruction and the activity of countries that threaten international peace and security" and by the Congress of State Regulation n. 13 of 20 November 2019 relating to the same law.

Law 57/2019 established the Restrictive Measures Committee (CMR) as the competent authority for the purpose of designating, national and international, individuals, groups or entities for the purpose of their inclusion on the lists maintained by the United Nations Security Council ( or by its Committee) and in the national list, to allow the implementation of restrictive measures. The CMR is also the competent authority for the cancellation of the names from the lists and the revocation of the aforementioned measures.

Furthermore, the CMR is the competent authority to advance abroad, as well as to receive requests from freezing foreign authorities for freezing assets or funds against individuals or entities included in the national list.

Transposition procedures for restrictive measures

The restrictive measures contained in the resolutions of the Security Council are implemented through a resolution of the Congress of State, on a proposal from the Secretariat of State for Foreign Affairs. From the time of their publication ad valvas palatii on the register of the Palazzo

Pubblico and on the website of the Secretariat of State for Foreign Affairs, the resolutions are presumed known by anyone.

The website of the Secretariat of State for Internal Affairs allows you to view, search and download these resolutions:

http://www.interni.segreteria.sm/on-line/home/delibere-congresso-di-stato.html

The freeze is effective from the date of adoption of the resolution of the State Congress.

List updates

The lists of the United Nations are updated by the United Nations Security Council, or by its competent Committee, according to procedures established by the Council itself. The lists are modified and / or updated periodically, both "incoming" (so-called listing ) and "outgoing" (so-called delisting ). That is to say that the subjects (individuals, groups or entities) are periodically included in the lists but may also be canceled.

Updates to the lists of the Security Council or its Committee are implemented in San Marino by publication of the updated list in a specific section of the website of the Secretariat of State for Foreign Affairs:

http://www.esteri.sm/on-line/home/affari-esteri/dipartimento-affari-esteri/comitato-per-le-misure-restrittive/misure-restrittive-consiglio-di-sicurezza-onu.html

The publication of the updates of the lists of the United Nations has official value and replaces the transposition of these updates by resolution of the Congress of State. The freeze is effective from the moment the Foreign Affairs Department and the Financial Intelligence Agency receive notification from the United Nations Security Council or its competent Committee.

The national list, however, is updated by the CMR at least annually through its review, aimed at verifying the permanence of the reasons that led to the registration of the names present in it or, even before this deadline, if it receives requests for cancellation from the list.

Each update of the national list is published on a specific section of the website of the Secretariat of State for Foreign Affairs:

http://www.esteri.sm/on-line/home/affari-esteri/dipartimento-affari-esteri/comitato-per-le-misure-restrittive.html

The freezing of assets or funds that follows the registration of a name on the national list is always ordered by resolution of the State Congress, on the indication of the CMR. The procedures for publishing and disseminating these resolutions are the same as those for adopting restrictive measures, in accordance with the resolutions of the United Nations Security Council.

Custody, administration and management of assets or funds subject to freezing

For the regulation of the custody, administration and management of the assets or funds subject to freezing, please refer to the Delegated Decree of October 31, 2008 n.137, as amended,

available on the website of the Financial Information Agency in the section "current legislation "-" legislation ", or on the website of the Great and General Council.

Possible exemptions from freezing measures

If a person has been affected by freezing measures, in order to satisfy a need or a fundamental right, he can make a written and reasoned request for exemption from freezing to the CMR.

The request for exemption can be made in order to make the payment of primary expenses, such as food, medicines, housing, medical and legal assistance, for taxes, duties, insurance premiums, bills, maintenance costs. of the accounts, but also to meet the payment of extraordinary expenses, although the granting of the exemption, in the latter case, is subject to a differentiated procedure.

In the event that a person has been registered on specific lists of the United Nations, with particular reference to that of the ISIL (Da'esh) and Al-Qaida Sanctions Committee or that of the 1988 Sanctions Committee (List for Sanctions against the Taliban), in addition to being able to contact the CMR, it has the possibility to request an exemption directly from the so-called Focal Point set up at the United Nations General Secretariat.

The exemplary models for submitting the exemption requests, referred to above, are available in the annex to the Regulations of the Congress of State no. 13 of 20 November 2019 relating to Law 57/2019 and published, also in the relative updates, on the website of the Secretariat of State for Foreign Affairs:

http://www.esteri.sm/on-line/home/affari-esteri/dipartimento-affari-esteri/comitato-per-le-misure-restrittive.html

Cancellation from the lists of the United Nations and from the national list due to incorrect or unjust registration

If a person, who has been hit by freezing measures, believes he has been unjustly registered on one of the lists of the United Nations, he can make a written request to the CMR, contacting the Department of Foreign Affairs (at the Secretariat of State for Foreign Affairs) . In turn, the CMR sends the request for cancellation to the United Nations Security Council or to its Committee, where competent. The substantive decision regarding the cancellation therefore belongs to one of the latter.

Each document or information capable of supporting it must be attached to the motivated request. In addition to the possibility referred to in the previous paragraph, if the name is present in the list of the 1988 Sanctions Committee (List for Sanctions against the Taliban) or in that of the ISIL (Da'esh) and Al-Qaida Sanctions Committee , a written and motivated request for cancellation of the name can be submitted directly to the so-called Focal Point established at the United Nations General Secretariat, in the first case; in the second case, a written and motivated request for cancellation can be submitted directly to the Office of the Ombudsperson, set up at the United Nations Secretary General.

If, however, a person believes that he has been unjustly registered on the national list, he can make a written and motivated request for cancellation to the CMR, addressing it to the Department

of Foreign Affairs (at the Secretariat of State for Foreign Affairs). In this case, the evaluation and decision on the cancellation request is up to the CMR only.

The exemplary models for submitting cancellation requests, referred to above, are available in the annex to the Regulations of the Congress of State no. 13 of 20 November 2019 relating to Law 57/2019 and published, also in the relative updates, on the website of the Secretariat of State for Foreign Affairs:

http://www.esteri.sm/on-line/home/affari-esteri/dipartimento-affari-esteri/comitato-per-le-misure-restrittive.html

Jurisdictional protection against restrictive measures

Against the restrictive measures ordered against a subject with congressional resolution and against the measures adopted by the CMR, it is possible to present, personally or through lawyer, an appeal in opposition as indicated in article 22 of Law 57/2019.

A judicial appeal is also allowed against the same acts. In the event that the person concerned has not appointed a defender or has remained without him, he is also assisted by the defender ex officio in the proceedings before the administrative judge.

Fulfillments of the subjects designated with reference to national and international restrictive measures

All the provisions regarding the obligations of the subjects designated in relation to national and international restrictive measures are contained in the AIF Instruction, Series: Financial Subjects, n. 007 of 22/11/2019, "Provisions regarding restrictive measures".