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EU Mulls New Economic Sanctions Against Turkey

By Simon Hirsbrunner, Guy Soussan, David O'Sullivan, Stefan Tsakanakis, Ed Krauland & Meredith Rathbone on September 4, 2020
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According to public statements of high-ranking representatives, the EU is considering whether to impose new economic sanctions against Turkey. The measures discussed include targeting certain Turkish industry sectors, such as the energy industry.

On November 11, 2019 the Council of the EU  adopted a sanctions framework set forth in Council Regulation 2019/1890 and Council Decision 2019/1894, and subsequently designated two executives of the Turkish oil company TPAO on February 27, 2020, in response to Turkish hydrocarbon drilling activities in what the EU views as Cypriot territorial waters. The sanctions that are currently in place consist of a travel ban to the EU, an asset freeze for persons and entities, as well as a prohibition to satisfy claims for their benefit. In addition, EU persons and entities are forbidden from making funds and economic resources available to those listed.

EU Heads of State and Government will debate the EU’s relations with Turkey during the upcoming summit meeting of September 24 and 25, 2020. They will likely discuss the conflict between Cyprus and Turkey, the tensions between Greece and Turkey, as well as Turkey’s alleged involvement in the civil war in Libya, where Turkey is alleged to supply arms and other support to one of the warring factions. Relations between the EU and Turkey have been fraught for some time, especially since Erdogan took over. The negotiations on Turkish accession to the EU have been stalled since they were launched in 2004 due to stumbling blocks such as Cyprus-related tensions, as well as certain domestic actions taken by the Erdogan government. Additional complexity has been added by Turkish foreign policy in the Middle East, as well as Turkey’s role in helping to manage refugee flows, which has been both a source of rapprochement and tension.

Following the latest military maneuvers which have heightened tensions between Ankara and Athens, it is likely that the EU will designate additional Turkish persons or entities. Moreover, EU representatives are discussing possible economic sanctions that could be targeted against certain Turkish industry sectors, such as the energy industry. Sanctions could hit in particular the sale, purchase and export of materials related to energy exploration, the transfer of technology and products. Any restrictions adopted by the EU against Turkey could give rise to complex political and legal issues, given the mutual dependence of the two trading partners in multiple areas including migration, defense and energy, the existence of the EU-Turkey Free Trade Agreement, Turkey’s membership in NATO as well as Turkey’s special status as an EU membership candidate. Many in the EU view Turkey’s actions in the Eastern Mediterranean as highly provocative. More recent maritime and drilling disputes have increased existing tensions with Greece and Cyprus, whose position is supported by France. Germany, which has a sizeable Turkish diaspora, has made efforts to ease tensions, but the outcome remains uncertain due to continued points of conflict.

We will continue to monitor these developments closely, as they could have an impact not only on EU and Turkish persons and entities, but also on other non-EU companies wishing to carry out business activities with the involvement of EU and Turkish business partners. In particular, sanctions targeting specific industries have the potential to result in further interruptions to international business activities during already difficult times.

 

Photo of Simon Hirsbrunner Simon Hirsbrunner

Simon Hirsbrunner is a dual-qualified Swiss and German lawyer. His practice involves EU and Swiss regulatory compliance, including advice on economic sanctions against third countries such as Iran, Libya, Syria and Russia. He has particular experience in advising banks on EU and Swiss…

Simon Hirsbrunner is a dual-qualified Swiss and German lawyer. His practice involves EU and Swiss regulatory compliance, including advice on economic sanctions against third countries such as Iran, Libya, Syria and Russia. He has particular experience in advising banks on EU and Swiss financial sanctions. Simon is also well-known for his trade policy advice on Swiss-EU relations and he has particular industry expertise in financial services, energy and aviation. He takes a particular interest in the trade policy consequences of Brexit and has published various papers on this topic. Prior to joining Steptoe, Simon occupied various positions in public administration, including the Swiss Federal Office of Justice, the European Commission and the European Free Trade Association – EFTA, bringing more than two decades of experience in EU affairs.

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Photo of Guy Soussan Guy Soussan

Guy Soussan advises clients on various aspects of EU and French export control regulations, including controls and licensing regimes for both military and commercial products and technologies. His export practice covers compliance development and implementation, internal investigations, and enforcement matters, including voluntary disclosures.

Guy Soussan advises clients on various aspects of EU and French export control regulations, including controls and licensing regimes for both military and commercial products and technologies. His export practice covers compliance development and implementation, internal investigations, and enforcement matters, including voluntary disclosures. He also provides advice and assistance with EU economic sanctions targeting specific countries such as Iran, Libya, Syria, and most recently, Ukraine and Russia. His experience covers a wide range of industries, including manufacturing, energy, telecommunications, banking and insurance, petroleum and petro-chemicals, aerospace, and defense. He has conducted internal compliance audits, provided assistance on company compliance programs, and counseled clients on the application of the rules to specific transactions.

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Photo of Ed Krauland Ed Krauland

Edward J. Krauland focuses on export controls/economic sanctions. Ed’s extensive experience includes representing clients on matters involving US and multilateral economic sanctions, defense and nuclear export controls, dual-use export controls under the EAR, anti-boycott compliance, internal investigations and enforcement work, and review of…

Edward J. Krauland focuses on export controls/economic sanctions. Ed’s extensive experience includes representing clients on matters involving US and multilateral economic sanctions, defense and nuclear export controls, dual-use export controls under the EAR, anti-boycott compliance, internal investigations and enforcement work, and review of government procurement regulations in the cross-border context. His practice spans all aspects of these laws, including counseling, compliance work, transactional advice, licensing and opinion work, internal reviews, disclosures, and enforcement actions. He has served as co-chair of the International Trade Committee of the ABA Section of International Law and Practice. He is former Chairman of an ABA-wide Task Force on Gatekeeper Regulation (anti-money laundering compliance), and senior adviser to the ABA Section of International Law and Practice’s anti-money laundering committee.

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Photo of Meredith Rathbone Meredith Rathbone

Meredith Rathbone focuses on export controls and economic sanctions, and has assisted clients in the energy, manufacturing, telecommunications, information security, banking, insurance, pharmaceutical, and service industries, among many others, in navigating the requirements of the Export Administration Regulations (EAR), International Traffic in Arms…

Meredith Rathbone focuses on export controls and economic sanctions, and has assisted clients in the energy, manufacturing, telecommunications, information security, banking, insurance, pharmaceutical, and service industries, among many others, in navigating the requirements of the Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR) and US sanctions regulations administered by the Office of Foreign Assets Control (OFAC) and US Department of State. She regularly assists companies in developing compliance policies, conducting internal investigations, performing training, and conducting due diligence in M&A transactions. She has represented individuals and companies facing civil and criminal investigations in this area, and has also represented clients in their efforts to be removed from OFAC’s list of Specially Designated Nationals (SDNs). She is a frequent writer and speaker on export controls and sanctions topics. She is the co-chair of the American Bar Association’s Export Controls and Economic Sanctions Committee, and also serves on the Sanctions Subcommittee of the State Department’s Advisory Committee on International Economic Policy.

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  • Posted in:
    Administrative and Regulatory
  • Blog:
    International Compliance Blog
  • Organization:
    Steptoe LLP

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