Why the implementation of multilateral sanctions does (not) work: lessons learned from the Czech Republic

ABSTRACT

Despite the intensity of research into UN multilateral sanctions, the implementation of sanctions in states with no autonomous sanctions policy has been almost neglected. This sharply contrasts with the fact that their noncompliance may hinder the efficiency and effectiveness of sanctions significantly. To demonstrate the possible contributions of these states to sanctions regimes and the risks resulting from their noncompliance, the article presents the outcomes of a single case study on the implementation of UN sanctions in the Czech Republic from the 1990s to the present. This is a period when the country changed implementation methods several times. Thus, lessons learned from the Czech experience provide a valuable contribution to best practices of sanctions implementation. While distinguishing between formal and behavioural compliance, the text identifies key drivers of the desirable speed and accuracy of the implementation process. In addition to recommendations stated in the reform processes, the text also suggests that the main domestic sanctions authority’s experience with creation and implementation of national law, and a flexible coordination mechanism have been important for the efficient application of UN sanctions.

KEYWORDS:

• International sanctions
• multilateral sanctions
• implementation
• compliance
• United Nations
• Czech Republic

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes on contributors

Radka Druláková, PhD, is vice-dean for research and doctoral studies at the Faculty of International Relations, University of Economics, Prague and member of the Jan Masaryk Center for International Studies at the same institution. In her research, she focuses on foreign policy analysis, international sanctions and the internal security of the European Union.

Štěpánka Zemanová, PhD, is the head of the Jan Masaryk Center for International Studies, Faculty of International Relations, University of Economics, Prague. Her research interests cover economic statecraft, international sanctions, economic diplomacy, and the political and economic aspects of international human rights protection.

Notes

1 The Czech Republic was a non-permanent member of the UNSC in that period.

2 For example, Czech Airlines could not restore flights to Tripoli, while other foreign airlines had resumed operating there immediately after UNSC resolution 1192 (1998) was adopted. This led to the expulsion of Czech Airlines from the air route.

3 The other decree responded to restrictive measures adopted by the Council of the EU.

4 For example, since 1996 it is responsible for the implementation of recommendations of the Financial Action Task Force (on Money Laundering, FATF) and since 2005 for the implementation of the International Convention for the Suppression of the Financing of Terrorism.

5 The Unit was established in 1996 to fulfil the role of a Financial Intelligence Unit. In 2017, it was re-organised into an independent Financial Analytical Office outside the organisational structure of the Ministry of Finance.

Additional information

Funding

The authors gratefully acknowledge financial support by the Faculty of International Relations, University of Economics, Prague.