Legal provisions of JOIN(2012)37 - Amendment of Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

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dossier JOIN(2012)37 - Amendment of Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria.
document JOIN(2012)37 EN
date December 18, 2012


Regulation (EU) No 36/2012 is amended as follows:

(1) After Article 3, the following Article 3a is inserted:

"Article 3a

It shall be prohibited:

(a) to purchase, import or transport equipment which might be used for internal repression as listed in Annex 1 from Syria or any such equipment originating in Syria;

(b) to provide, directly or indirectly, financing or financial assistance, including financial derivatives, insurance and reinsurance and brokering services related to insurance and reinsurance for any purchase, import or transport referred to in point (a) above; or,

(c) to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in point (a).

(2) Article 18 is replaced by the following:

"Article 18

1. By way of derogation from Article 14, the competent authorities in Member States, as indicated on the websites listed in Annex III, may authorise the release of certain frozen funds or economic resources, if the following conditions are met:

(a) the funds or economic resources are the subject of an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in Article 14 was listed in Annex II or IIa, or of a judicial or administrative decision rendered in the European Union, or a judicial decision enforceable in the Member State concerned, prior to or after that date;

(b) the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;

(c) the decision is not for the benefit of a natural or legal person, entity or body listed in Annex II or IIa;

(d) recognising the decision is not contrary to public policy in the Member State concerned.

2. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this Article."

(3) In Article 21a, the following paragraph 3 is added:

"3.      Article 14(2) shall not prevent acts or transactions carried out with respect to Syrian Arab Airlines for the sole purpose of evacuating citizens of the Union and their family members from Syria."

(4) In Article 29 the following paragraph 3 shall be added:

"3.      Paragraph 2 shall not prevent Member States from sharing such information in accordance with their national law with Syria and other Member States where necessary and for the purpose of assisting the recovery of misappropriated assets."

(5) Annex III is replaced by the Annex to this Regulation.

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.