The Council of Ministers has given green light, two weeks late, to the decree law that will regulate the embargo on Israel. The regulations, which will have to ratify the Congress, prohibits the import and export of armament, double use and transit material by Spanish territory of the fuel used by the Israeli armed forces. However, the text reserves the government to introduce “specific and exceptional” exceptions to the embargo on cases that involve a “impairment for national interests.” The decree also prohibits trade with occupied Palestinian territories.
“The embargo of arms is erected as a measure within the set of diplomatic and coercive tools available for the states that make up the international community, aimed at preserving global peace and security, protecting human rights and preventing the illicit trade of weapons,” says the exposition of reasons for the decree, which consists of four articles and seven provisions.
The decree establishes the legal framework for the prohibition of exporting and importing military materials to Israel, as well as the denial of traffic authorization requests to Israel of fuels that may have a military final use. However, the text does not include the prohibition that ships that transport armament for final destination Israel scale in Spanish ports, as it does in the case of fuel.
Does not specify the prohibition of arms traffic
The Arms Trade Agreement establishes that international trade activities cover export, import, traffic, transford and brokerage. Even so, the Minister of Economy and Commerce, Carlos Body, has assured that it is a “total embargo” and has justified that the denial of traffic is already allowed in Spanish legislation by decisions of “foreign policy.” “It is what is being done,” said body, which has ensured that the current decree provides “reinforcement” to these decisions with the prohibition of exports and imports that collects in article 1. has also indicated that they will be “pending and vigilant” within the framework of the Customs Union in case there is a “detour.” The US bases in broken and Morón could also be used for the transit of such military materials.
Once the decree enters into force, the day after its publication in the Official State Gazette (BOE), “importation in Spain of the products from Israeli settlements in the occupied Palestinian territory will be prohibited, in accordance with the advisory opinion of the International Court of Justice of July 19, 2024”. In this sense, the new regulations will force the statements of merchandise from Israel to include “the postal code and the town corresponding to their place of origin”.
In order for that prerogative, the State Tax Administration Agency “will approve the list of localities and postal codes corresponding to Israeli settlements in the occupied Palestinian territory.” The last article establishes that the advertising of products from the occupied territories will be considered illicit.
“Specific and exceptional” exceptions
The decree establishes, however, a reservation so that the embargo ceases to take effect: “The Council of Ministers may, exceptionally, authorize the transfers of defense material, other material and double-use products and technologies referred to of defense and double use ”. With that saves, for example, the spare parts that the devices currently uses the Spanish army need.
The Government will have to appear in Congress every three months to “pay account” on the embargo and the prohibition of imports of products from the occupied territories. The decree itself indicates that these explanations will refer “in particular” to the “authorizations that, where appropriate, have been able to agree on the Council of Ministers” regarding the armament trade.
Regarding retroactivity, that is, the suspension of contracts that are already in force or in process, the decree refers to the regulations on the control of foreign trade of defense and double -use material, which includes the possibility of suspending or revoking licenses. Authorizations pending resolution may also be prohibited based on that 2007 law.
In the press conference after the Council of Ministers, body has assured that it is a “forceful step” with which all margins of legal action have been “exhausted.” “We have reached the maximum,” said the head of Commerce, who has assured that Spain will continue “pushing at European level to increase pressure and take additional steps.” The approval of the Decree has coincided over time with the celebration of the UN General Assembly in New York in which the recognition of the Palestinian State is having an impulse with the decision of a dozen countries, including United Kingdom, France or Canada, which have joined the overwhelming majority of the world that already recognized it.