EU strategic trade controls and sanctions: are we talking about the same thing?

Abstract

Strategic trade controls and sanctions might sometimes be considered interchangeable terms or concepts due to the fact that both are instruments that are used to interfere in international trade for political reasons. On the one hand, sanctions are usually an instrument that states use to exert pressure on one another, often regardless of the intended uses of the goods transferred; on the other, strategic trade controls focus on the potential end use of items and may pursue diverse objectives, from the non-proliferation of weapons of mass destruction to the protection of cultural goods. This contribution investigates the relationship between strategic trade controls (or export controls) and sanctions (or restrictive measures). The article analyses their respective scopes, objectives, decision-making processes, implementation, lifting and revision procedures, and prosecution of violations within the European Union. Furthermore, the contribution specifically outlines the competences granted to the Union with regard to export controls and sanctions, as well as their evolution over time. The article concludes that strategic trade controls and sanctions are not synonymous. It specifies their peculiarities, their differences and similarities in light of the scopes, objectives, and procedures that the research has identified. Finally, based on this categorization, the article establishes general trends and principles.