Legal provisions of COM(2009)652 - Specific restrictive measures in respect of Guinea - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(2009)652 - Specific restrictive measures in respect of Guinea. |
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document | COM(2009)652 ![]() |
date | December 22, 2009 |
Contents
Article 1
(a) | ‘equipment which might be used for internal repression’ means the goods listed in Annex I; |
(b) | ‘technical assistance’ means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services; including verbal forms of assistance; |
(c) | ‘brokering services’ means the activities of persons, entities and partnerships acting as intermediaries by buying, selling or arranging the transfer of goods and technology, or negotiating or arranging transactions that involve the transfer of goods or technology; |
(d) | ‘funds’ means financial assets and benefits of every kind, including but not limited to:
|
(e) | ‘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; |
(f) | ‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but may be used to obtain funds, goods or services; |
(g) | ‘freezing of economic resources’ means preventing their use to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them; |
(h) | ‘territory of the Union’ means the territories to which the Treaty is applicable, under the conditions laid down in the Treaty. |
Article 2
(a) | to sell, supply, transfer or export, directly or indirectly, equipment which might be used for internal repression, whether or not originating in the Union, to any natural or legal person, entity or body in, or for use in, the Republic of Guinea; |
(b) | to provide, directly or indirectly, technical assistance or brokering services related to the equipment referred to in point (a), to any natural or legal person, entity or body in, or for use in, the Republic of Guinea; |
(c) | to provide, directly or indirectly, financing or financial assistance related to the equipment referred to in point (a), to any natural or legal person, entity or body in, or for use in, the Republic of Guinea. |
(d) | to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in points (a), (b) or (c). |
Article 3
(a) | to provide, directly or indirectly, technical assistance or brokering services related to goods and technology listed in the Common Military List of the European Union (4), or related to the provision, manufacture, maintenance and use of goods included in that list to any natural or legal person, entity or body in, or for use in, the Republic of Guinea; |
(b) | to provide, directly or indirectly, financing or financial assistance related to goods and technology listed in the Common Military List of the European Union including, in particular, grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for any provision of related technical assistance to any natural or legal person, entity or body in, or for use in, the Republic of Guinea; |
(c) | to participate, knowingly and intentionally, in activities, the object or effect of which is to circumvent the prohibitions referred to in points (a) and (b). |
Article 4
(a) | the sale, supply, transfer or export of equipment which might be used for internal repression, provided it is intended solely for humanitarian or protective use, or for institution-building programmes of the United Nations (UN), the European Union, or for European Union and UN crisis management operations; |
(b) | the provision of financing, financial assistance, technical assistance, brokering services and other services related to equipment or to programmes and operations referred to in point (a); |
(c) | the provision of financing, financial assistance, technical assistance, brokering services and other services related to non-lethal military equipment intended solely for humanitarian or protective use, for institution-building programmes of the UN and the Union, or for European Union and UN crisis management operations. |
(d) | the provision of financing, financial assistance, technical assistance, brokering services and other services related to non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for protective use of personnel of the European Union and its Member States in the Republic of Guinea. |
2. No authorisations shall be granted for activities that have already taken place.
Article 5
Article 6
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 II.
3. Annex II shall consist of natural or legal persons, entities or bodies who, in accordance with Article 3a of Common Position 2009/788/CFSP, have been identified by the Council as being individual members of the National Council for Democracy and Development (NCDD) or natural or legal persons, entities or bodies associated with them.
4. 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 7
Article 8
(a) | necessary to satisfy the basic needs of persons listed in Annex II, and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges; |
(b) | intended exclusively for the payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services; |
(c) | intended exclusively for the payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; or |
(d) | necessary for extraordinary expenses, provided that the Member State has notified the grounds on which it considers that a specific authorisation should be granted to all other Member States and to the Commission at least two weeks prior to authorisation. |
2. The relevant Member State shall inform the other Member States and the Commission of any authorisation granted under paragraph 1.
Article 9
(a) | the funds or economic resources in question are the subject of a judicial, administrative or arbitral lien established prior to the date on which the person, entity or body referred to in Article 6 was included in Annex II, or of a judicial, administrative or arbitral judgment rendered prior to that date; |
(b) | the funds or economic resources in question will be used exclusively to satisfy claims secured by such a lien or recognised as valid in such a judgment, within the limits set by applicable laws and regulations governing the rights of persons having such claims; |
(c) | the lien or judgment is not for the benefit of a person, entity or body listed in Annex II; and |
(d) | recognising the lien or judgment is not contrary to public policy in the Member State concerned. |
2. The relevant Member State shall inform the other Member States and the Commission of any authorisation granted under paragraph 1.
Article 10
2. Article 6(2) shall not apply to the addition to frozen accounts of:
(a) | interest or other earnings on those accounts; or |
(b) | payments due under contracts, agreements or obligations that were concluded or arose before the date on which the natural or legal person, entity or body referred to in Article 3 has been included in Annex II, |
provided that any such interest, other earnings, payments or financial instruments are frozen in accordance with Article 6(1).
Article 11
Article 12
(a) | supply immediately any information which would facilitate compliance with this Regulation, such as accounts and amounts frozen in accordance with Article 6, to the competent authorities of Member States as indicated in the websites listed in Annex III for the country where they are resident or located and shall transmit such information, directly or through the competent authority as indicated in the websites listed in Annex III, to the Commission; and |
(b) | cooperate with that competent authority in any verification of this information. |
2. Any additional information directly received by the Commission shall be made available to 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.
Article 13
Article 14
Such information may include:
(a) | surname and given names, including alias names and titles, if any; |
(b) | date and place of birth; |
(c) | nationality; |
(d) | passport and identity card numbers; |
(e) | fiscal and social security numbers; |
(f) | gender; |
(g) | address or other information on whereabouts; |
(h) | function or profession; |
(i) | date of designation. |
Annex II may also include information for identification purposes as set out above for family members of the persons listed, provided that this information is necessary in a specific case for the sole purpose of verifying the identity of the listed natural person in question.
Annex II shall also include the grounds for listing, such as occupation.
Article 15
(a) | amend Annex II on the basis of decisions taken in respect of the Annex to Common Position 2009/788/CFSP; and |
(b) | amend Annex III on the basis of information supplied by Member States. |
2. The Commission shall state individual and specific reasons for the decisions taken pursuant to point (a) of paragraph 1, providing the individual, entity or body concerned with an opportunity to express his, her or its view on the matter.
3. The Commission shall process personal data in order to carry out its tasks under this Regulation and in accordance with the provisions of Regulation (EC) No 45/2001.
Article 16
2. 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.
Article 17
2. Member States shall notify the Commission of their competent authorities without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment.
3. Where there is, in this Regulation, a requirement to notify, inform or otherwise communicate with the Commission, the address and other contact details to be used for such communication shall be those indicated in Annex III.
Article 18
(a) | within the territory of the Union, 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 Union 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 Union. |
Article 19
This Regulation shall be binding in its entirety and directly applicable in all Member States.