EU amends Tunisia sanctions to address whether assets should continue to be frozen after death

On February 3, 2022, the Council of the EU adopted Council Decision (CFSP) 2022/154 and Council Regulation (EU) 2022/149 concerning Tunisia-related EU sanctions to address the conditions upon which the funds and assets of a deceased person should continue to be frozen.   The Council amended Regulation (EU) No 101/2011 and Article 1 of Decision 2011/72/CFSP as follows:

a) In the event that a criminal conviction for the misappropriation of State funds was made before the person’s death, the funds and assets shall continue to be frozen until the court orders the recovery of the misappropriated State funds and all fines have been paid;

b) In the event that no criminal conviction was made before the person’s death, the funds and assets should continue to be frozen for a reasonable time, subject to certain exceptions.  If a civil or administrative action for the recovery of misappropriated State funds is brought within that time period, the funds and assets shall remain frozen until the action is dismissed, and, if the action is upheld, the funds and assets shall remain frozen until the court’s order for the recovery of the misappropriated funds has been executed.

These amendments are effective on the day following publication in the Official Journal of the European Union.

Council Regulation (EU) 2022/149 | Council Decision (CFSP) 2022/154

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