News

Ivory Coast Sanctions

1 March 2011 No.591
In line with the Resolution 1962(2010) of UN Security Council, the Council of European Union has issued Regulation 25/2011 (hereinafter referred to as "the Regulation") against certain persons and entities in the Cote d'Ivoire, in view of the situation in the Ivory Coast, which was published and entered into force on 14 January 2011. The Council of European Union has imposed sanctions against these persons because they are said to be directly or indirectly obstructing the process of power and national reconciliation. With regard to the Regulation 25/2011 please refer to the following web page.
REGULATIONS.pdf
 
In consequence of the sanctions (which are still in force), any funds and economic resources belonging to, owned, held or controlled by the natural and legal persons named in the Annex to the Regulation are frozen. In addition, no funds, financial assets or economic resources may be available directly or indirectly to or for the benefit of those persons.
 
The Regulation applies:
(a)
    within the territory of the Union, including the airspace
(b)
    onboard any aircraft or any vessel under the jurisdiction of a Member state
(c)
    to any person inside or outside of a Member state who is a national of a Member State
(d)
    to any legal person, entity or body which is incorporated or constituted under the law of a Member state
(e)
    to any legal person, entity or body in respect of any business in whole or in part within the Union
(f)
    to vessels registered in the EU
 
Please note that the Port of Abidjan and the Port of San Pedro are among the sanctioned parties (listed in the Annex to the Regulation). Therefore payment of port dues or charges at the Port of Abidjan or the Port of San Pedro by the shipowners/vessel operators in the EU or the vessels registered in the EU may constitute a violation of the Regulations. Such an offense might still be committed if the port dues or charges are paid by local vessel agent on vessel's behalf.
 
Additionally the Regulations would also apply to the insurers and P&I Clubs which are based in the EU. They would have difficulty in providing security for, or making payments on, claims made by any of the persons or entities listed in the Annex to the Regulation (which includes the Port of Abidjan and the Port of San Pedero).
 
Our Association, which is incorporated and constituted under the law of Japan, would be basically able to provide security for, or make payments on, claims made by the Port of Abidjan or the Port of San Pedero for non-EU domiciled members with non- EU registered vessels because non-EU states such as Japan, Panama have not issued sanctions against the Ivory Coast yet.
 
But please bear in mind that there might be cases where our "Special Clause for Sanctions Act" shall apply. With regard to this point, please refer to our Club circular of "Special Clause for Sanctions Act", No.10-031 issued on 25 February 2011.
https://www.piclub.or.jp/en/news/11227