FRY I - EP 2

Duration: 30-May-1992 to 01-Oct-1996

Concerned about the situation in former SFRY, especially the rapid deterioration of the situation in Bosnia-Herzegovina, UNSCR 752 (15 May 1992), demanded an immediate cease-fire and an end to all interference from outside of Bosnia-Herzegovina, including the withdrawal or disbanding of Yugoslav and Croatian army present in the territory. Following the failure to act upon the resolution and a major escalation of violence (including the shelling of Sarajevo, endangering the lives of UNPROFOR personnel and humanitarian relief actors) by FRY-supported Bosnian-Serb forces, UNSCR 757 (30 May 1992) imposed comprehensive sanctions on the newly established Federal Republic of Yugoslavia (Serbia and Montenegro). To this end, it imposed an aviation ban, general financial and economic resources ban, a number of diplomatic and socio-cultural restrictions, and a general export ban on commodities and products from FRY (Serbia and Montenegro). After noting in UNSCR 757 that FRY's claim as the successor state to SFRY was not universally accepted, on 19 September 1992 the Security Council unanimously decided that FRY could not automatically hold a SFRY membership in the General Assembly and had to apply for UN membership (UNSCR 777).

Further comprehensive sanctions were imposed in UNSCR 787 (energy supplies), UNSCR 820 (provisions for seizure of goods and vehicles), and UNSCR 942 (targeting specifically Bosnian Serbs because of their resistance to territorial settlement). UNSCR 943 (23 September 1994) temporary suspended UNSCR 820 sanctions provisions with respect to civilian passenger flights and ferry services and UNSCR 757 prohibition on sporting events and cultural exchanges participation of aviation sanctions. The suspension was subsequently extended by UNSCRs 970, 988, 1003 and 1015.

Following a series of unsuccessful peace efforts, the Dayton Peace Agreement was reached on 21 November 1995, effectively ending the Bosnian War and providing for the internal territorial partition of country between the autonomous Republika Srpska and Federation of Bosnia-Herzegovina,. The following day, the UN Security Council passed two resolutions significantly altering the existing sanctions regime. UNSCR 1021 (22 November 1995) spelled out the details of a three phase termination of the UNSCR 713 arms imports embargo, effective upon the reception of a SG report regarding the formal signing of the Peace Agreement by the Republic of Bosnia and Herzegovina, Republic of Croatia, and the Federal Republic of Yugoslavia. UNSCR 1022 (22 November 1995) suspended all sanctions – exempting Bosnian Serbs from the suspension until their acceptance of the Dayton Peace Agreement (which they publically rejected upon the conclusion of the Dayton conference) zones of separation – and decided to terminate them ten days after the first free and fair elections (provided the Bosnian Serb withdrawal is complete). Following NATO certification of such a withdrawal, the remaining sanctions on Bosnian Serbs were suspended on 27 February 1996. Elections were held on 14 September 1996 and sanctions were officially terminated on 1 October 1996 (UNSCR 1074).


Coerce

Coerce the Yugoslav (Serbian) government to cease hostilities, withdraw forces (YNA) from Bosnia-Herzegovina, and negotiate a settlement of the conflict.

Constrain

Constrain the Yugoslav (Serbian) government from engaging in use of force against republics of the former SFRY and from providing logistical and military support for the Bosnian-Serb forces in BiH.

Signal

Signal norms against military aggression and ethnic cleansing. In the final stage, the sanctions aimed to coerce Bosnian Serbs to accept the territorial terms of the proposed settlement.


Mandatory

Comprehensive sanctions on the Federal Republic of Yugoslavia (Serbia and Montenegro).


Sanctions imposition and termination repeatedly delayed. Suspension of sanctions authorized for a limited time period and repeatedly extended, arms imports embargo terminated in phases. Sanctions Committee in place, no sanctions monitoring mechanism. Designation criteria were specified and targets designated. Enforcement authorities specified.


Coercion

Effective

Policy outcome

Hostilities ceased and a negotiated settlement was achieved, but not on the terms as originally specified in UNSCR 757 (much delay on the part of the Milosevic government).

Sanctions contribution

The Milosevic regime agreed to close border with Bosnian-Serbs, participate in negotiations and endorse various peace agreements for Bosnia-Herzegovina to a large extent in response to the possibility of relaxation of UN sanctions (signaled by the relaxation of transport, sport and culture sanctions in September 1994). Sanctions appear to have reinforced other measures (such as use of military force, intense and high-level diplomatic activity).

Constraint

Effective

Policy outcome

Major increases in costs to FRY (in terms of economic decline), changes in strategy of target (gradual tactical distancing from Bosnian Serbs beginning in early 1994, nearly complete border closure by September 1994).

Sanctions contribution

The cumulative impact of comprehensive sanctions contributed to economic collapse, social unrest, and limited the options of the regime. Collapse of FRY economy made it difficult to sustain economic and military support for Bosnian-Serbs in Bosnia-Herzegovina.

Signaling

Effective

Policy outcome

Norms against aggression, but primarily ethnic cleansing, were clearly articulated and the target (Milosevic regime) was both strongly stigmatized and isolated diplomatically for its support for the Bosnian-Serbs in the conflict ongoing in Bosnia-Herzegovina.

Sanctions contribution

Sanctions appear to have been the most significant factor in signaling the regime, but there was also intense diplomatic activity and a strong international coalition mobilized against the regime; the actions of the regime itself contributed to its stigmatization. Threat of ICTY indictments against Yugoslav (Serbian) officials added to signaling and stigmatization.


Increase in corruption and criminality, strengthening of authoritarian rule, rally round the flag effect, increase in human rights violation, harmful effects in neighboring states, strengthening political factions, increase in international enforcement capacity in different issue domains, resource diversion, humanitarian consequences, reduction of local institutional capacity, widespread harmful economic consequences.


30-05-1992

Substantive

  • Imposes commodities and products exports ban from Federal Republic of Yugoslavia (Serbia and Montenegro), including activities and transfer of funds for this purpose, and specifies sanctions exemptions (Committee notified strictly medical supplies and foodstuffs)
  • Excludes trans-shipment of products and commodities originating outside FRY (Serbia and Montenegro)
  • Imposes a ban on any funds or other financial or economic resources to the authorities in FRY (Serbia and Montenegro) except payments for strictly medical or humanitarian purposes and foodstuffs
  • Imposes aviation ban (including spare parts, engineering, maintenance servicing, certification, insurance and payment of new insurance claims) and specifies exemptions
  • Decides MS shall reduce levels of diplomatic personnel of FRY (Serbia and Montenegro), prevent participation of groups and individuals representing FRY in sporting events, and suspend scientific and technical cooperation, visits and exchanges of official FRY representatives
  • Specifies sanctions exemptions
  • Modifies Committee mandate

Procedural

  • Requests MS reporting.

16-11-1992

Substantive

  • Imposes ban on trans-shipment of crude oil, petroleum products, coal, energy-related equipment, iron, steel, other metals, chemicals, rubber, tires, vehicles, aircraft and motors of all types unless specifically authorized by Committee under no-objection procedure (amending UNSCR 757).
  • Specifies that any vessel in which majority or controlling interest is held by a person or undertaking in/from FRY (Serbia and Montenegro), regardless of its flag, is subject to UNSCR 757 sanctions.

17-04-1993

Substantive

  • Imposes ban on import, export, and transshipment through UN Protected Areas in Croatia and Bosnian Serb forces controlled BiH without respective governments’ proper authorization and specifies humanitarian exemption (including medical supplies and foodstuffs distributed by international humanitarian agencies)
  • Requires MS to prevent diversion to FRY (Serbia and Montenegro) of commodities and products destined for other places
  • Imposes ban on transshipment of commodities and products on Danube without monitoring and Committee authorization
  • Confirms ban on passing of (majority) FRY vessels or those suspect of violation UNSCR 713, 757, 787, or 820 through installations (including river locks and canals) in MS territory
  • Imposes financial asset freeze on funds of authorities in FRY (Serbia and Montenegro), commercial, industrial or public utility undertakings in FRY (Serbia and Montenegro), and those directly or indirectly in control of such funds
  • Imposes ban on transport of all commodities and products across the land borders and specifies medical supplies, foodstuffs, and Committee approved humanitarian and transshipment exemptions
  • Decides neighboring MS prevent passage of all freight vehicles and rolling stock to and from FRY (Serbia and Montenegro) exempt in small numbers notified and approved by Committee
  • Decides all MS detain and impound all majority FRY (Serbia and Montenegro) vessels, freight vehicles, rolling stock and aircraft in their territories and that these, and their cargos, may be forfeit to seizing state upon determination of UNSCR 713, 757, and 787 sanctions violation
  • Imposes prohibition of provision of financial and non-financial services to any individual or entity in FRY and specifies exemption for telecommunications, postal and legal services consistent with UNSCR 757, and humanitarian and other exceptional purposes (pending prior Committee approval)
  • Imposes ban on all commercial maritime traffic except when authorized by the Committee or in case of force majeur

Procedural

  • Delays sanctions imposition (9 days)
  • Calls for MS reporting

23-09-1994

Substantive

  • Imposes ban on economic activities by any entity if owned, controlled, incorporated, constituted, acting for or on their behalf or benefit, by any person or entity in areas of BiH under Bosnian Serb forces control, revoking any previous and issuing no further such authorizations, and imposes financial asset freeze on any such funds, specifying that any payments of dividends, interest or other income are made only into frozen accounts
  • Specifies “economic activities” and outlines humanitarian, including medical and foodstuffs, and guarantee of no transfer to such individuals or entities exemptions
  • Imposes travel ban on members of the authorities in areas of BiH under Bosnian Serb forces control and those in sanctions violation
  • Imposes ban on all commercial riverine traffic in areas of BiH under Bosnian Serb forces control except when authorized by the Committee, BiH Government, or in case of force majeure
  • Imposes inspections on all shipments of commodities and products destined for areas of BiH under Bosnian Serb forces control
  • Decides MS prevent diversion of benefits from other areas to those in BiH under Bosnian Serb forces control
  • Adds UNSCR 942 sanctions exemptions for UNPROFOR, International Conference on FRY or European Community Monitoring Missions

Procedural

  • Sets periodic sanctions review (every 4 months)
  • Requires MS reporting on sources of funds for humanitarian, medical or foodstuffs payments as part of the Committee notification/exemption application

23-09-1994

Substantive

  • Suspends sanctions provisions with respect to civilian passenger flights and ferry service and UNSCR 757 prohibition on sporting events and cultural exchanges participation (for 100 days).

Procedural

  • Delays suspension imposition until reception of Secretary-General report stating that FRY (Serbia and Montenegro) authorities are effectively implementing border closure between FRY and BiH, except foodstuffs, medical supplies and clothing for essential humanitarian needs, and arrangement for passage of supplies for essential humanitarian needs through that border are in place
  • Requests monthly reports from Secretary-General on FRY border closure implementation
  • Terminates suspension if Secretary-General reports FRY border closure implementation is not effective (5 working days after)

12-01-1995

Substantive

  • Suspends provisions specified in UNSCR 943 (for further 100 days)

Procedural

  • Requests monthly reports from Secretary-General on FRY border closure implementation.
  • Terminates suspension if Secretary-General reports FRY border closure implementation is not effective (5 working days after).

21-04-1995

Substantive

  • Suspends UNSCR 943 specified sanctions provisions with respect to civilian passenger flights and ferry service and UNSCR 757 prohibition on sporting events and cultural exchanges participation (until 05.07.1995).

Procedural

  • Requests monthly reports from Secretary-General on FRY border closure implementation.
  • Terminates suspension if Secretary-General reports FRY border closure implementation is not effective (5 working days after).
  • Calls for reporting by MS allowing such flights and ferry services.

05-07-1995

Substantive

  • Extends UNSCR 988 suspensions of UNSCR 943 specified measures (until 18.09.1995).

Procedural

  • Requests monthly reports from Secretary-General on FRY border closure implementation.

15-09-1995

Substantive

  • Extends UNSCR 988 suspensions of UNSCR 943 specified measures (until 18.03.1996).

Procedural

  • Requests monthly reports from Secretary-General on FRY border closure implementation.

22-11-1995

Substantive

  • Terminates UNSCR 713 arms imports embargo in three phases and specifies the details of termination.

Procedural

  • Delays termination until Secretary-General reports BiH, Croatia and FRY sign Peace Agreement.

22-11-1995

Substantive

  • Suspends UNSCR 757, 787, 820, 942, 943, 988, 992, 1003 and 1015 sanctions measures
  • Exempts Bosnian Serb party from sanctions suspension until commander of international force to be deployed in accordance with Peace Agreement reports that all Bosnian Serb forces have withdrawn behind Peace Agreement zones of separation (1 day after)
  • Decides to terminate all suspended sanctions after first free and fair elections (10 days after), provided Bosnian Serb forces have withdrawn from, and have continued to respect, Peace Agreement zones of separation
  • Decides UNSCR 757 and 820 frozen or impounded funds and assets may be released, provided they are not subject to any claims, liens, judgments, or encumbrances, or of insolvent person or entity, and suspends MS obligations to freeze or impound funds and assets until sanctions or suspension termination
  • Decides suspension or termination of obligations pursuant to this resolution is without prejudice to claims of FRY successor States

Procedural

  • Terminates suspension if Secretary-General reports that FRY has failed formally to sign Peace Agreement and other parties have expressed their readiness to sign (5 days after)

01-10-1996

Substantive

  • Terminates all sanctions.

Procedural

  • Dissolves Sanctions Committee (upon report finalization).