Senin, 16 November 2009
The Sanction and Embargoes
As we know the Sanctions and embargoes are political trade restrictions put in place against target countries with the aim of maintaining or restoring international peace and security. The terms of embargoes and sanctions refer to governmental action that distorts free flow of trade in goods, services or ideas for decidedly adversarial and political, rather than economic purpose. Sanctions and embargoes are political trade tools, mainly put in place by the United Nations (UN) and the European Union (EU). For most of America's history, the word "embargo" was used to refer specifically to a prohibition on the departure of ships or exports from a nation's own ports, whereas the words "boycott" and "no importation" were used to describe prohibitions of imports or ship entries, and "no intercourse" was used to describe a total prohibition of trade with a nation. But the word "embargo" also was used generically to refer to all stoppages of trade. Sanctions are coercive restrictions implemented for political reasons by countries and international organizations. The aim of sanctions is to maintain international peace and security and to combat violations of international law. They are usually adopted to bring about a change in policy or activity by the target country, government, entities or individuals. Sanctions may take various forms such as arms or other types of embargoes (a legal ban or boycott on trade in certain goods) and/or economic, financial, diplomatic or cultural measures. The objective of each measure should be clearly stated. Sanctions and embargoes are reviewed and either lifted, revoked or adapted in the light of changes in the behavior of the target.
The main aim of all UN sanctions and embargoes is to implement decisions by its Security Council to maintain or restore international peace and security. The EU imposes sanctions and embargoes to further its Common Foreign and Security Policy (CFSP) objectives. The EU can impose measures to preserve peace and strengthen international security, promote international co-operation, and safeguard the common values and security of the EU. EU measures can also be imposed to uphold respect for human rights, democracy and the rule of law.
Sanctions, including economic sanctions, are put in place for a number of reasons. All recent UN and EU sanctions contain information as to why they have been imposed and specify what their aim is. Their principal purpose is usually to change the behavior of the target country's regimes, individuals or groups in a direction which will improve the situation in that country.
The ultimate objective of a sanction varies according to the situation. For instance, an arms embargo and a ban on the export of certain items or raw materials could be aimed at supporting a peace process and restricting the financing of weapons by the combatants. Sanctions may also be aimed at preventing weapons from falling into the wrong hands, disrupting terrorist operations, or trying to change the policies and actions of the target.
TYPES OF SANCTIONS AND EMBARGOES
When a sanction or embargo is set, the UK follows international procedure to put it in place in British law. The United Nations (UN) Security Council imposes sanctions through Security Council Resolutions. The European Union (EU) acts on these by adopting a Common Position and where appropriate, an EU regulation directly applicable to member states is introduced. Where sanctions and embargo measures require more than administrative action to implement them, the UK introduces new, or amends existing, secondary licensing and enforcement legislation.
The most frequently applied measures are:
• embargoes on exporting or supplying arms, and associated technical assistance, training and financing
• a ban on exporting equipment that might be used for internal repression
• asset freezes on individuals in government, government bodies and associated companies, or terrorist groups and individuals associated with those groups
• travel bans on named individuals
• bans on imports of raw materials or goods from the sanctions target
Other measures may be applied according to individual circumstances.
Arms embargoes are imposed by the UN and EU on "arms and related materiel", for example, military ammunition, weapons and goods. The UK interprets this as covering all goods and technologies on the Military List. Controls on the supply of military items between another third country and the sanctions target (trafficking and brokering) also apply.
THE EXAMPLE OF EMBARGOES AND SANCTIONS
The United States Embargo against Cuba (described in Cuba as el blouse, Spanish for “the blockade”) is a commercial, economic, and financial embargo partially imposed on Cuba in October 1960. It was enacted after Cuba expropriated the properties of United States citizens and corporations and it was strengthened to a near-total embargo in February 1962 The embargo was codified into law in 1992 with the stated purpose of maintaining sanctions on the Castro regime so long as it continues to refuse to move toward “democratization and greater respect for human rights”. It is entitled the Cuban Democracy Act. In 1996, Congress passed the Helms-Burton Act, which further restricted United States citizens from doing business in or with Cuba, and mandated restrictions on giving public or private assistance to any successor regime in Havana unless and until certain claims against the Cuban government are met. In 1999, U.S. President Bill Clinton expanded the trade embargo even further by ending the practice of foreign subsidiaries of U.S. companies trading with Cuba. In 2000, Clinton authorized the sale of certain “humanitarian” US products to Cuba.
It has been advocated that the pro-embargo Cuban-American exiles, whose votes are crucial in Florida, have swayed many politicians to also adopt similar views. The Cuban-American views have been opposed by business leaders whose financial interests prompt them to argue that trading freely would be good for Cuba and the United States. The embargo has been roundly condemned by the most of the international community. At present, the embargo, which limits American businesses from conducting business with Cuban interests, is still in effect and is the most enduring trade embargo in modern history. Despite the existence of the embargo, the United States is the fifth largest exporter to Cuba
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