The legal basis for Italy's seizure of two Russian superyachts
Lawyer Vergani (Bonelli Erede) explains which law was applied by Italy to freeze the vessels docked in Imperia and owned by members close to Vladimir Putin.
Contribution by lawyer Enrico Vergani *
* Partner and leader of the BonelliErede shipping and transport focus team
Recent action by the European Union, the United States, and several key countries (particularly the UK and Japan) in the shipping and services sectors for the cargo, passenger, and yachting markets calls for reflection and clarification, both on the scope of the sanctions and the relevant legal framework, and on what future developments may be.
The confiscation of yachts and other property belonging to Russian citizens located in Italy. It is by far the news that has received the most attention in the media, with bright and different tones, from the mockery not free from some hint of r, to the indignation of those who see in such measures the violation of the "terrible right" (private property, in a learned writing by Professor Stefano Rodotà) in the absence of legal guarantees.
In reality, the law, or rather, the European Union Regulation, has been in place for almost eight years. Pursuant to art. 2 of Reg. 269/2014, in fact, all funds and economic resources belonging to, owned, held or controlled, directly or indirectly, by any natural person or any of the natural or legal persons, entities or bodies associated with them listed are frozen in Annex 1 of the RegulationAccording to Article 17, the Regulation applies within the territory of the Union, including its airspace, including on board all aircraft or vessels under the jurisdiction of a Member State, and to any legal person, entity, or body in relation to economic activities carried out, in whole or in part, within the Union. In Italy, the initiative is taken by the Financial Security Committee, which avails itself of the territorially competent police forces.
The significance of the phenomenon essentially depended not only on the nature and particular value of the goods suspended, but also on the expansion of the list of subjects (the so-called SDN Special Designated Nationals) subject to such sanctions and on the particular virulence and promptness with which the operations were carried out.
It now remains to be determined—another very journalistic question—who will be responsible for the custody of the assets discovered. Responsibility lies with the State Property Agency, with the right to recover the assets from the shipowner should the freezing measure be lifted (on this point, see Legislative Decree 109/2007). More detailed guidance should be included in the individual provisions, published in the Official Journal.
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