Legal provisions of COM(2005)614 - Specific restrictive measures against certain persons suspected of involvement in the assassination of former Lebanese Prime Minister Rafiq Hariri - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(2005)614 - Specific restrictive measures against certain persons suspected of involvement in the assassination of former Lebanese Prime ... |
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document | COM(2005)614 ![]() |
date | February 21, 2006 |
Contents
Article 1
1. | ‘Sanctions Committee’ means the Committee of the Security Council of the United Nations which was established pursuant to paragraph 3(b) of UNSCR 1636 (2005); |
2. | ‘funds’ means financial assets and benefits of every kind, including but not limited to:
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3. | ‘freezing of funds’ means preventing any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management; |
4. | ‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but can be used to obtain funds, goods or services; |
5. | ‘freezing of economic resources’ means preventing the use of economic resources to obtain funds, goods or services in any way, including, but not limited to, the selling, hiring or mortgaging of them; |
6. | ‘territory of the Community’ means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in that Treaty. |
Article 2
2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the natural or legal persons, entities or bodies listed in Annex I.
3. The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to circumvent the measures referred to in paragraphs 1 and 2 shall be prohibited.
Article 3
(a) | necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges; |
(b) | intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services; or |
(c) | intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; |
provided that the Member State concerned has notified the Sanctions Committee of that determination and that the determination has been approved by that Committee.
2. The relevant competent authority shall inform the competent authorities of the other Member States and the Commission of any authorisation granted under paragraph 1.
3. Article 2(2) shall not apply to the addition to frozen accounts of interest or other earnings on those accounts provided that any such interest or other earnings are frozen in accordance with Article 2(1).
Article 4
Article 5
(a) | supply immediately any information which would facilitate compliance with this Regulation, such as accounts and amounts frozen in accordance with Article 2, to the competent authorities of the Member States listed in Annex II where they are resident or located, and shall transmit such information, directly or through these competent authorities, to the Commission; |
(b) | cooperate with the competent authorities listed in Annex II in any verification of this information. |
2. Any additional information directly received by the Commission shall be made available to the competent authorities of the Member State concerned.
3. Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received. Such purposes shall be deemed to include cooperation with any international investigation related to the assets or financial transactions of the natural and legal persons, bodies and entities listed in Annex I.
Article 6
Article 7
Article 8
(a) | amend Annex I on the basis of determinations made by the Sanctions Committee; and |
(b) | amend Annex II on the basis of information supplied by Member States. |
2. Without prejudice to the rights and obligations of the Member States under the Charter of the United Nations, the Commission shall maintain all necessary contacts with the Sanctions Committee for the purpose of the effective implementation of this Regulation.
Article 9
Member States shall notify the Commission of those rules without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment to them.
Article 10
(a) | within the territory of the Community, including its airspace; |
(b) | on board any aircraft or any vessel under the jurisdiction of a Member State; |
(c) | to any person inside or outside the territory of the Community who is a national of a Member State; |
(d) | to any legal person, entity or body which is incorporated or constituted under the law of a Member State; |
(e) | to any legal person, entity or body in respect of any business done in whole or in part within the Community. |
Article 11
This Regulation shall be binding in its entirety and directly applicable in all Member States.