COUNCIL DECISION 2011/221/CFSP
of 6 April 2011
amending Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
(1)
On 29 October 2010, the Council adopted Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire (1).
(2)
On 30 March 2011, the United Nations Security Council adopted Resolution 1975 (‘UNSCR 1975 (2011)’) imposing targeted sanctions against additional individuals who meet the criteria set out in Resolution 1572 (2004) and subsequent Resolutions, including those individuals who obstruct peace and reconciliation in Côte d’Ivoire, obstruct the work of the United Nations Operation in Côte d’Ivoire (UNOCI) and other international actors in Côte d’Ivoire and commit serious violations of human rights and international humanitarian law.
(3)
In view of the seriousness of the situation in Côte d’Ivoire, additional restrictive measures should be imposed.
(4)
Moreover, the lists of persons and entities subject to restrictive measures set out in Annexes I and II to Decision 2010/656/CFSP should be amended.
(5)
In addition, it is necessary to clarify certain provisions of Decision 2010/656/CFSP,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2010/656/CFSP is hereby amended as follows:
(1)
in Article 5, the following paragraphs are inserted:
‘3a. With regard to persons and entities listed in Annex II, Member States may allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds and economic resources which are necessary for humanitarian purposes after notification in advance to the other Member States and to the Commission.
3b. Paragraph 1(b) shall not prevent a designated person or entity from making payment due under a contract entered into before the listing of such a person or entity, provided that the relevant Member State has determined that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1(b).’;
(2)
the following Article is inserted:
‘Article 5a
It shall be prohibited:
(a)
to purchase, broker or assist in the issue of bonds or securities issued or guaranteed after 6 April 2011 by the illegitimate government of Mr Laurent GBAGBO, as well as by persons or entities acting on its behalf or under its authority, or by entities owned or controlled by it. By way of exception, financial institutions shall be authorised to purchase such bonds or securities of corresponding value to bonds and securities already held by them and which are due to mature;
(b)
to provide loans, in any form, to the illegitimate government of Mr Laurent GBAGBO, as well as to persons or entities acting on its behalf or under its authority, or by entities that it owns or controls.
The purchase, brokering and assistance in the issue of bonds and securities and the provision of loans referred to in points (a) and (b) shall not give rise to any liability of any kind on the part of natural and legal persons, entities and bodies concerned if they did not know, and had no reasonable cause to suspect, that their actions would infringe the prohibitions in question.’;
(3)
the following Article is inserted:
‘Article 9a
In order to maximise the impact of the measures set out in this Decision, the Union shall encourage third States to adopt restrictive measures similar to those contained in this Decision.’;
(4)
in Article 10, the following paragraph is added:
‘4. The measures referred to in Article 5(2), as far as ports listed in Annex II are concerned, shall be reviewed no later than 1 June 2011.’.
Article 2
1. The persons listed in part A of Annex I to this Decision shall be deleted from the list set out in Annex II to Decision 2010/656/CFSP and shall be added to the list set out in Annex I to Decision 2010/656/CFSP.
2. The person listed in part B of Annex I to this Decision shall be added to the list set out in Annex I to Decision 2010/656/CFSP.
3. The persons listed in Annex II to this Decision shall be added to the list set out in Annex II to Decision 2010/656/CFSP.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 6 April 2011.