Dáil Éireann Debate, Tuesday - 14 June 2022
716. Deputy Jim O'Callaghan asked the Minister for Foreign Affairs if consideration will be given to introducing further sanctions legislation going beyond the sanctions currently mandated by the EU against Russia and or Belarus and or relevant actors in relation to Russia's invasion of Ukraine, for example permitting confiscation as opposed to seizure of sanctioned assets. [29986/22]
View answer717. Deputy Jim O'Callaghan asked the Minister for Foreign Affairs if in imposing economic sanctions on Russia due to its illegal invasion of Ukraine Ireland is legally permitted to go beyond those sanctions imposed by the European Union; and if he will make a statement on the matter. [29987/22]
View answer719. Deputy Jim O'Callaghan asked the Minister for Foreign Affairs if he intends to take steps to ensure that the assets of Russian citizens subject to targeted sanctions can be confiscated definitively in order to compensate Ukraine and its citizens for damage caused by the Russian Federation’s war of aggression; and if he will make a statement on the matter. [29993/22]
View answerI propose to take Questions Nos. 716, 717 and 719 together.
Ireland implements UN sanctions, as adopted by the UN Security Council, and EU sanctions, adopted as part of the EU’s Common Foreign and Security Policy. Ireland does not have any unilateral sanctions regimes, and the Government has no plans in this regard. In common with all EU Member States, we play an active role in the development and adoption of EU sanctions. As a current member of the UN Security Council, we also participate in the Security Council's 14 sanctions committees.
Sanctions are most effective when applied in a unified and coordinated manner across multiple jurisdictions. Since the invasion of Ukraine, the EU has adopted a wide range of sanctions targeting Russia and Belarus, as part of a coordinated international response involving the US, the UK, Canada and others. These are the most extensive sanctions ever adopted by the EU, and their impact is magnified by the fact that they are being developed and introduced in cooperation with like-minded partners.
There have been calls to confiscate assets frozen under Ukraine-related sanctions, and to potentially use these assets to fund the reconstruction of Ukraine. In March, the European Commission established a 'Freeze and Seize' Task Force to ensure coordinated and effective implementation of asset freezes imposed on Russian and Belarusian individuals and entities in the context of the Ukraine war. Three sub-groups of the Task Force have been created to focus on specific issues: the first on identifying and freezing sanctioned assets and reporting on these freezes; the second on investigations into links between criminal offences and sanctions, investigations into beneficial ownership, and confiscation of assets; and the third on the creation of a common European fund to reconstruct Ukraine using confiscated assets.
Ireland is participating actively in the work of the Task Force and its sub-groups, which have collectively met a total of 18 times to date. Discussions so far suggest that assets may only be confiscated in circumstances where a crime has been committed. Further work is required to ensure a robust and clear legal basis for confiscations linked to sanctions breaches. The Department of Justice is taking a lead role on these issues.
