Hamas and Palestinian Islamic Jihad: Council establishes dedicated sanctions

The Council established a dedicated framework of restrictive measures that will allow the European Union to hold accountable any individual or entity who supports, facilitates or enables violent actions by Hamas and the Palestinian Islamic Jihad (PIJ).

With today's decision of a dedicated framework of restrictive measures against supporters of violent actions by Hamas and the Palestinian Islamic Jihad, the European Union shows that we are ready to take decisive steps to react to the brutality shown by terrorists on October 7. Israelis and Palestinians deserve to live in a just, lasting, and secure peace.

Josep Borrell, High Representative for Foreign Affairs and Security Policy

Today’s decision was taken in view of the gravity of the recent attacks against Israel and the need to fight against violent actions that threaten peace and international security, and aims at preventing such violent actions by Hamas and PIJ in the future. The new regime also complements the restrictive measures previously adopted against Hamas and the PIJ under Common Position 2001/931/CFSP (the ‘EU terrorist list’).

Under the new regime, the EU may target those who support, materially or financially, Hamas or the PIJ. It may also target those who participate in the planning, preparation or enabling of violent actions by Hamas or the PIJ. Persons, groups, entities, and bodies could also be listed for activities such as: supplying, selling, or transferring arms and related materiel to the two terrorist organisations; supporting actions which undermine or threaten the stability or security of Israel in conjunction with Hamas and the PIJ; being involved in serious violations of international humanitarian law or human rights law; inciting or publicly provoking violent actions of the two organisations.

In addition, for the first time, the EU will also be able to target persons or entities providing support to those facilitating or enabling violent action by Hamas and the PIJ; in other words, the sponsors of those who sponsor the two terrorist organisations.

Today, the Council also decided to list six individuals of different nationalities responsible for providing financial support to Hamas. Included are Sudan-based financier Abdelbasit Hamza Elhassan Mohamed Khair, owner of 'Shuman for Currency Exchange SARL' Nabil Chouman, the former's son Khaled Chouman, senior Hamas financier Rida Ali Khamis, senior Hamas operative Musa Dudin and Algeria-based financier Aiman Ahmad Al Duwaik.

Those listed under the sanctions regime are subject to an asset freeze. The provision of funds or economic resources, directly or indirectly, to them or for their benefit is prohibited. Additionally, a travel ban to the EU applies to the natural persons listed.

The new sanctions framework shall apply until 19 January 2025. It shall be kept under constant review and renewed or amended as appropriate, if the Council deems that its objectives have not been met.

Background

On 27 December 2001, the Council adopted Common Position 2001/931/CFSP, which implements United Nations Security Council Resolution 1373(2001) laying out wide-ranging strategies to combat terrorism and in particular the fight against the financing of terrorism.

Since 27 December 2001, the Annex to Common Position 2001/931/CFSP has included Hamas-Izz al-Din al-Qassem (terrorist wing of Hamas) and the Palestinian Islamic Jihad as terrorist groups.

On 12 September 2003, the Council adopted Common Position 2003/651/CFSP reviewing the Annex to Common Position 2001/931/CFSP and replacing Hamas-Izz al-Din al-Qassem with Hamas (including Hamas-Izz al-Din al-Qassem) as a terrorist group.

On 7 October 2023, the High Representative of the Union for Foreign Affairs and Security Policy issued a statement on behalf of the European Union on the attacks against Israel, condemning in the strongest possible terms the multiple and indiscriminate attacks across Israel by Hamas and deeply deploring the loss of lives.

In its conclusions of 26 and 27 October 2023, the European Council reiterated its condemnation in the strongest possible terms of Hamas for its brutal and indiscriminate terrorist attacks across Israel.

On 7 December 2023, the EU added Mohammed Deif, Commander General of the military wing of Hamas ("Brigades Ezzedin al-Qassam"), and Marwan Issa, the deputy Commander of the military wing of Hamas to the EU Terrorist list. On 16 January 2024, the EU also added Yahia Sinouar, the political leader of Hamas to the EU Terrorist list.