The Mali (Sanctions) (EU Exit) Regulations 2020

Purposes U.K.

4.—(1) The regulations contained in this instrument that are made under section 1 of the Act have the following purposes—

(a) compliance with the relevant UN obligations, and

(b) the additional purposes mentioned in paragraph (2).

(2) Those additional purposes are promoting—

(a) the peace, stability and security of Mali,

(b) the implementation of the Agreement on Peace and Reconciliation in Mali,

(c) respect for—

(i) local, regional and state institutions in Mali,

(ii) the Malian defence and security forces, and

(iii) the governance or implementation mechanisms referred to in, or established in accordance with, the Agreement on Peace and Reconciliation in Mali,

(d) the effective delivery of the mandates of the international security, peace-support and capacity-building missions and mechanisms in Mali, including—

(i) the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) M1 ;

(ii) the Panel of Experts established in accordance with paragraph 11 of resolution 2374 M2 ;

(iii) the G5 Sahel Joint Force M3 ;

(iv) the European Union Training Mission Mali (EUTM Mali) M4 ;

(v) the European Union CSDP mission in Mali (EUCAP Sahel Mali) M5 ;

(vi) French forces M6 ,

(e) respect for humanitarian assistance activity in Mali,

(f) compliance with the rules of international humanitarian law applicable to the armed conflicts in Mali, and

(g) respect for human rights in Mali, including, in particular, respect for—

(i) the right to life of persons in Mali;

(ii) the right of persons in Mali not to be held in slavery or required to perform forced or compulsory labour;

(iii) the right of persons not to be subjected to torture or cruel, inhuman or degrading treatment or punishment in Mali;

(iv) the right to liberty and security of persons in Mali, including freedom from arbitrary arrest or detention, or enforced disappearance;

(v) the right to a fair trial of persons charged with criminal offences in Mali;

(vi) the right of journalists, human right defenders, civil society activists and other persons in Mali to freedom of expression and peaceful assembly;

(vii) the enjoyment of rights and freedoms in Mali without discrimination, including on the basis of a person's sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status,

otherwise than by compliance with the relevant UN obligations.

(3) In this regulation, “the relevant UN obligations” means—

(a) the obligations that the United Kingdom has by virtue of paragraph 4 of resolution 2374 (asset-freeze etc.) M7 to take the measures required by that provision in respect of persons M8 for the time being named for the purposes of that provision by the Security Council or the Committee;

(b) the obligations that the United Kingdom has by virtue of paragraph 4 of resolution 2374 in respect of persons—

(i) acting on behalf of or at the direction of, or

(ii) owned or controlled by,

the persons for the time being named by the Security Council or the Committee for the purposes of paragraph 4 of resolution 2374.

(4) In this regulation, any reference to the obligations that the United Kingdom has by virtue of paragraph 4 of resolution 2374 is to that provision read with paragraph 8 of resolution 2374.

Commencement Information

I1 Reg. 4 in force at 14.12.2020 by S.I. 2020/1514, reg. 13(1)

Marginal Citations

M1 The United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) was established in accordance with paragraph 7 of resolution 2100 (2013) adopted by the Security Council on 25 April 2013; its mandate was most recently extended by paragraph 16 of resolution 2531 (2020) adopted by the Security Council on 29 June 2020.

M2 The mandate of the Panel of Experts was most recently extended by paragraph 3 of resolution 2484 (2019) adopted by the Security Council on 29 August 2019.

M3 The G5 Sahel Joint Force (known in French as the ‘Force conjointe du G5 Sahel’) was established in accordance with the resolution of the Group of Five for the Sahel (G5 Sahel) dated 6 February 2017.

M4 The European Union Training Mission Mali (EUTM Mali) was established in accordance with Council Decision 2013/34/CFSP of 17 January 2013 concerning a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali); its mandate was most recently extended by Council Decision (CFSP) 2020/434 of 23 March 2020.

M5 The European Union CSDP mission in Mali (EUCAP Sahel Mali) was established in accordance with Council Decision 2014/219/CFSP of 15 April 2014 on the European Union CSDP mission in Mali (EUCAP Sahel Mali); its mandate was most recently extended by Council Decision (CFSP) 2019/312 of 21 February 2019.

M6 In resolution 2374 (2017), adopted on 5 September 2017, the Security Council “welcome[ed] the continued action by the French forces, at the request and in support of the Malian authorities, to deter the terrorist threat in the North of Mali”. In paragraph 41 of resolution 2531 (2020), adopted on 29 June 2020, the Security Council “authorize[d] French forces, within the limits of their capacities and areas of deployment, to use all necessary means until the end of MINUSMA's mandate as authorized in this resolution, to intervene in support of elements of MINUSMA when under imminent and serious threat upon request of the Secretary-General”.

M7 The measures provided for in paragraph 4 of resolution 2374 have been renewed by paragraph 1 of resolution 2432 (2018) adopted by the Security Council on 30 August 2018 and paragraph 1 of resolution 2484 (2019) adopted by the Security Council on 29 August 2019.

M8 “Person” is defined by section 9(5) of the Sanctions and Anti-Money Laundering Act 2018 to include (in addition to an individual and a body of persons corporate or unincorporate) any organisation and any association or combination of persons.