COUNCIL DECISION 2011/486/CFSP
of 1 August 2011
concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
(1)
On 27 May 2002, the Council adopted Common Position 2002/402/CFSP concerning restrictive measures against Usama bin Laden, members of the Al-Qaida organisation and the Taliban and other individuals, groups, undertakings and entities associated with them (1).
(2)
On 17 June 2011, the United Nations Security Council adopted Resolution (‘UNSCR’) 1988 (2011) recognising that the security situation in Afghanistan has evolved and that some members of the Taliban have reconciled with the Government of Afghanistan, have rejected the terrorist ideology of Al-Qaida and its followers, and support a peaceful resolution to the continuing conflict in Afghanistan.
(3)
UNSCR 1988 (2011) also recognised that notwithstanding the evolution of the situation in Afghanistan and progress in reconciliation, the situation remains a threat to international peace and security and reaffirmed the need to combat that threat.
(4)
UNSCR 1988 (2011) also imposed certain restrictive measures with respect to individuals and entities designated prior to 17 June 2011 as the Taliban, and other individuals, groups, undertakings and entities associated with them, as specified in section A (‘Individuals associated with the Taliban’) and section B (‘entities and other groups and undertaking associated with the Taliban’) of the Consolidated List of the Committee established pursuant to UNSCR 1267 (1999) and UNSCR 1333 (2000) as of 17 June 2011, as well as other individuals, groups, undertakings and entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan as designated by the Security Council Committee established pursuant to paragraph 30 of UNSCR 1988 (2011) (hereinafter the ‘Sanctions Committee’).
(5)
Further action by the Union is needed in order to implement certain measures.
HAS ADOPTED THIS DECISION:
Article 1
1. Restrictive measures as provided for in Article 2, Articles 3(1) and 4(1) and (2) shall be imposed with respect to individuals and entities designated prior to 17 June 2011 as the Taliban, and other individuals, groups, undertakings and entities associated with them, as specified in section A (‘Individuals associated with the Taliban’) and section B (‘entities and other groups and undertaking associated with the Taliban’) of the Consolidated List of the Committee established pursuant to UNSCR 1267 (1999) and UNSCR 1333 (2000) as of 17 June 2011, as well as other individuals, groups, undertakings and entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan as designated by the Sanctions Committee.
2. The relevant individuals, groups, undertakings and entities are listed in the Annex.
Article 2
With respect to the individuals, groups, undertakings and entities referred to in Article 1, Member States shall take the necessary measures to prevent the direct and indirect supply, sale or transfer to them, from the territories of Member States or by nationals of Member States, or using flag vessels or aircraft of Member States, of arms and related materiel of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical advice, assistance or training related to military activities.
Article 3
1. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of individuals referred to in Article 1.
2. Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.
3. Paragraph 1 shall not apply where the entry or transit is necessary for the fulfilment of a judicial process or the Sanctions Committee determines on a case-by-case basis only that entry or transit is justified, including where this directly relates to supporting efforts by the Government of Afghanistan to promote reconciliation.
4. In cases where, pursuant to paragraph 3, a Member State authorises the entry into, or transit through, its territory of individuals designated by the Sanctions Committee, the authorisation shall be limited to the purpose for which it is given and to the individuals concerned therewith.
Article 4
1. All funds and other financial assets or economic resources of individuals, groups, undertakings and entities referred to in Article 1, including funds derived from property owned or controlled directly or indirectly, by them or by persons acting on their behalf or at their direction, shall be frozen.
2. No funds, financial assets or economic resources shall be made available, directly or indirectly, to or for the benefit of individuals, groups, undertakings and entities referred to in paragraph 1.
3. Member States may allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds and other financial assets or economic resources which are:
(a)
necessary for basic expenses, including payments for foodstuffs, rent or mortgages, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
(b)
intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;
(c)
intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds, other financial resources or economic resources;
(d)
necessary for extraordinary expenses, after notification by the Member State concerned to, and approval by, the Sanctions Committee;
4. The exemptions referred to in points (a), (b) and (c) of paragraph 3 may be made after notification to the Sanctions Committee by the Member State concerned of its intention to authorise, where appropriate, access to such funds, assets or resources, and in the absence of a negative decision by the Sanctions Committee within three working days of such notification.
5. Paragraph 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 arose prior to the date on which those accounts became subject to restrictive measures,
provided that any such interest, other earnings and payments remain subject to paragraph 1.
Article 5
The Council shall establish the list contained in the Annex and amend it in accordance with determinations made by either the Security Council or the Sanctions Committee.
Article 6
1. Where the Security Council or the Sanctions Committee lists an individual, group, undertaking or entity, the Council shall include such individual, group, undertaking or entity in the Annex. The Council shall communicate its decision, including the grounds for listing, to the individual, group, undertaking or entity concerned, either directly, if the address is known, or through the publication of a notice, providing such individual, group, undertaking or entity an opportunity to present observations.
2. Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the individual, group, undertaking or entity accordingly.
Article 7
1. The Annex shall include the grounds for listing of listed individuals, groups, undertakings or entities as provided by the Security Council or the Sanctions Committee.
2. The Annex shall also include, where available, information provided by the Security Council or by the Sanctions Committee necessary to identify the individuals, groups, undertakings or entities concerned. With regard to individuals, such information may include names including aliases, date and place of birth, nationality, passport and identity card numbers, gender, address, if known and function or profession. With regard to groups, undertakings or entities such information may include names, place and date of registration, registration number and place of business. The Annex shall also include the date of designation by the Security Council or by the Sanctions Committee.
Article 8
This Decision shall be reviewed, amended or repealed, as appropriate, in accordance with relevant decisions of the Security Council.
Article 9
This Decision shall enter into force on the day of its adoption.
Done at Brussels, 1 August 2011.