Implementation
17
B. Communicating implementation requirements
Implementing sanctions is not straightforward. Sanctions measures can be
complex and challenging to translate into national regulatory systems. Sanctions implementation also requires the existence of institutional capacity and
resources within States to monitor borders, goods, and financial transactions.
These difficulties multiply exponentially when seen from the perspective of
the States whose implementation and enforcement of sanctions are most
determinative of their effectiveness—the State to whose territory the sanctions apply and those States in its immediate region. The absence of, or
inadequacy of national regulatory capacities, can be a contributing factor in
the escalation of the crisis thus precipitating Council sanctions.
As noted during HLR consultations, the first step toward “facilitating”
implementation is to raise awareness of the sanctions regime’s existence and
build greater understanding of the measures required. Sanctions resolutions
adopted by the Council are often long and complex, and generally represent a
cumulative process of addition and amendment. The absence of a clear articulation of the sanctions measures has an impact on implementation, not least
given that in many States, the sanctions resolutions need to be translated into
the national language for implementation purposes. Member States regularly
called for sanctions implementation to be simplified and made consistent.
Similarly, consultations revealed the impression that there is no timely
or reliable source of assistance for Member States on sanctions implementation. Only five of the sixteen sanctions committees have produced publicly
available implementation guidance on the measures they administer, and
many of these relate to committee procedures rather than an explanation of
the measures. Seeking advice directly from the committee takes too long;
the monitoring and investigative role of the expert groups often leaves them
with little scope to provide implementation guidance to States; and some
Member States are reluctant to seek advice from the Secretariat owing to
the sensitivity of the information. Member States contrasted this situation
with the clear lines of communication and timely response in relation to
the Council’s counter-terrorism obligations, through the Counter Terrorism
Committee’s Executive Directorate.
Participants also expressed concerns with the lack of consistency in
sanctions implementation guidance. With each committee having a different dynamic and committee members being political rather than technical
experts, technical implementation guidance risks inconsistencies across sanctions regimes. Differences of approach in basic administrative matters across
committees—from the publication and dissemination of sanctions informa-