Regulation 2014/747 - Restrictive measures in view of the situation in Sudan - Main contents

EN

Official Journal of the European Union

L 203/1

On 10 January 2004, the Council adopted Common Position 2004/31/CFSP (2) maintaining the arms embargo on Sudan imposed by Council Decision 94/165/CFSP (3). On 26 January 2004, the Council adopted Regulation (EC) No 131/2004 (4) giving effect to Common Position 2004/31/CFSP.

On 30 July 2004, the UN Security Council adopted UN Security Council Resolution (UNSCR) 1556 (2004) imposing an arms embargo on Sudan. On 29 March 2005, the UN Security Council adopted UNSCR 1591 (2005) imposing certain restrictions on those who impede the peace process, constitute a threat to stability in Darfur and the region, commit violations of international humanitarian or human rights law or other atrocities, violate the arms embargo or are responsible for certain offensive military flights in and over the Darfur region.

On 30 May 2005, the Council adopted Common Position 2005/411/CFSP (5) which integrated the measures imposed by Common Position 2004/31/CFSP and the measures to be implemented pursuant to UNSCR 1591(2005) into a single legal act.

On 18 July 2005, the Council adopted Regulation (EC) No 1184/2005 (6) giving effect to Common Position 2005/411/CFSP and imposing certain specific restrictive measures directed against certain persons impeding the peace process and breaking international law in the conflict in the Darfur region in Sudan.

On 18 July 2011, the Council adopted Decision 2011/423/CFSP (7) which extended the scope of application of the arms embargo to South Sudan.

On 10 July 2014, the Council adopted Decision 2014/450/CFSP separating the measures concerning Sudan and integrating them into a single legal act.

For the sake of clarity, measures concerning Sudan should be separated from measures concerning South Sudan. Regulation (EC) No 131/2004 and Regulation (EC) No 1184/2005 should therefore be repealed and replaced by this Regulation in so far as they concern Sudan. Regulation (EC) No 131/2004 should also be replaced by Council Regulation (EU) No 748/2014 (8) in so far as it concerns South Sudan.

The power to amend the list in Annex I to this Regulation should be exercised by the Council, in view of the specific threat to international peace and security in the region posed by the situation in Sudan and in order to ensure consistency with the process for amending and reviewing the Annex to Decision 2014/450/CFSP.

For the implementation of this Regulation, and in order to create maximum legal certainty within the Union, the names and other relevant data concerning natural and legal persons, entities and bodies whose funds and economic resources should be frozen in accordance with this Regulation, should be made public. Any processing of personal data should comply with Regulation (EC) No 45/2001 of the European Parliament and of the Council (9) and Directive 95/46/EC of the European Parliament and of the Council (10).

In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force immediately,

‘brokering services’ means:

‘claim’ means any claim, whether asserted by legal proceedings or not, made before or after the date of entry into force of this Regulation, under or in connection with a contract or transaction, and includes in particular:

‘contract or transaction’ means any transaction of whatever form and whatever the applicable law, whether comprising one or more contracts or similar obligations made between the same or different parties; for that purpose ‘contract’ includes a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, and credit, whether legally independent or not, as well as any related provision arising under, or in connection with, the transaction;

‘competent authorities’ refers to the competent authorities of the Member States as identified on the websites listed in Annex II;

‘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;

‘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, by selling, hiring or mortgaging them;

‘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;

‘funds’ means financial assets and benefits of every kind, including, but not limited to:

‘Sanctions Committee’ means the UN Security Council Committee established pursuant to paragraph 3 of UNSCR 1591 (2005);

‘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;

‘territory of the Union’ means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty, including their airspace.

provide technical assistance or brokering services related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts therefor, directly or indirectly to any natural or legal person, entity or body in, or for use in Sudan;

provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of arms and related materiel, or for the provision of related technical assistance, directly or indirectly to any natural or legal person, entity or body in, or for use in Sudan.

non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use, or for institution-building programmes of the UN, the African Union (AU), the European Union;

materiel intended for European Union, UN and AU crisis management operations;

de-mining equipment and materiel for use in de-mining operations.

the competent authority concerned has determined that the funds or economic resources are:

the Member State concerned has notified the Sanctions Committee of the determination referred to in point (a) and its intention to grant an authorisation, and the Sanctions Committee has not objected to that course of action within two working days of such notification.

the funds or economic resources 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 5 was included in Annex I, or of a judicial, administrative or arbitral judgment rendered prior to that date;

the funds or economic resources 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;

the lien or judgment is not for the benefit of a person, entity or body listed in Annex I;

recognising the lien or judgment is not contrary to public policy in the Member State concerned; and

the Sanctions Committee has been notified by the Member State of the lien or judgment.

interest or other earnings on those accounts;

payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which the natural or legal person, entity or body referred to in Article 5 has been included in Annex I; or

payments due under a judicial, administrative or arbitral lien or judgment, as referred to in Article 7;

supply immediately any such information which would facilitate compliance with this Regulation, such as information on accounts and amounts frozen in accordance with Article 5, to the competent authority of the Member States where they are resident or located, and transmit any such information, directly or through these competent authorities, to the Commission; and

cooperate with the competent authorities listed in Annex II in any verification of this information.

designated natural or legal persons, entities or bodies listed in Annex I;

any natural or legal person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in point (a).

funds frozen under Article 5 and authorisations granted under Articles 6, 7 and 8;

violation and enforcement problems and judgments handed down by national courts.

within the territory of the Union, including its airspace;

on board any aircraft or any vessel under the jurisdiction of a Member State;

to any person inside or outside the territory of the Union who is a national of a Member State;

to any legal person, entity or body, inside or outside the territory of the Union which is incorporated or constituted under the law of a Member State;

to any legal person, entity or body in respect of any business done in whole or in part within the Union.

1.

Last name :

ELHASSAN

First name(s) : Gaffar Mohammed

Alias : Gaffar Mohmed Elhassan

Date of birth/Place of birth/nationality/residence : Date of birth: 24 June 1952;

Resides in: El Waha, Omdurman, Sudan.

Passport/identifying information/status : Retired from the Sudanese Army.

Ex-serviceman's identification card no: 4302.

Designation/justification : Major-General and Commander of the Western Military Region for the Sudanese Armed Forces (SAF).

The Panel of Experts reports that Major-General Gaffar Mohammed Elhassan stated to them that he had direct operational command (primarily tactical command) of all elements of the SAF in Darfur while he was in command of the Western Military Region. Elhassan held this position as Western Military Area Commander from November 2004 (approximately) until early 2006. The Panel's information is that Elhassan was responsible for violations of paragraph 7 of UNSCR 1591 (2005) as by virtue of this position he requested (from Khartoum), and authorized as from 29 March 2005, the transfer of military equipment into Darfur without the prior approval of the 1591 Committee. Elhassan himself admitted to the Panel of Experts that aircraft, aircraft engines and other military equipment had been brought into Darfur from other parts of Sudan between 29 March 2005 and December 2005. For example, he informed the Panel that 2 Mi-24 attack helicopters were brought unauthorized into Darfur between 18 and 21 September 2005.

There are also reasonable grounds to believe that Elhassan was directly responsible, as Western Military Area Commander, for authorizing offensive military flights in the area around Abu Hamra, 23-24 July 2005 and in the Jebel Moon area of Western Darfur, on 19 November 2005. Mi-24 attack helicopters were involved in both operations and reportedly opened fire on both occasions. The Panel of Experts report that Elhassan indicated to the Panel that he himself approved requests for air support and other air operations in his capacity as Western Military Area Commander. (See Panel of Experts report, S/2006/65, paragraphs 266-269.) Through such actions Major-General Gaffar Mohammed Elhassan has breached relevant provisions of UNSCR 1591 (2005) and therefore meets the criteria to be designated by the Committee to be subjected to sanctions.

Date of UN designation : 25 April 2006.

2.

Last name :

ALNSIEM

First name(s) : Musa Hilal Abdalla

Alias : Sheikh Musa Hilal; Abd Allah; Abdallah; AlNasim; Al Nasim; AlNaseem; Al Naseem; AlNasseem; Al Nasseem

Date of birth/Place of birth/nationality/residence : Date of Birth: 01/01/1964 or 1959;

Place of birth: Kutum;

Resides in: Kabkabiya and the city of Kutum, Northern Darfur and has resided in Khartoum.

Passport/identifying information/status : Diplomatic Passport No: D014433,

Issued on 21 February 2013; Expires 21 February 2015.

Certificate of Nationality No: A0680623.

Member of the National Assembly of Sudan. In 2008, appointed by the President of Sudan as special adviser to the Ministry of Federal Affairs.

Designation/justification : Paramount Chief of the Jalul Tribe in North Darfur.

Report from Human Rights Watch states they have a memo dated 13 February 2004 from a local government office in North Darfur ordering ‘security units in the locality’ to ‘allow the activities of the mujahideen and the volunteers under the command of the Sheikh Musa Hilal to proceed in the areas of [North Darfur] and to secure their vital needs’. On 28 September 2005, 400 Arab militia attacked the villages of Aro Sharrow (including its IDP camp), Acho, and Gozmena in West Darfur. We also believe that Musa Hilal was present during the attack on Aro Sharrow IDP camp: his son had been killed during the SLA attack on Shareia, so he was now involved in a personal blood feud. There are reasonable grounds to believe that as the Paramount Chief he had direct responsibility for these actions and is responsible for violations of international humanitarian and human rights law and other atrocities.

Date of UN designation :

25 April 2006

3.

Last name :

SHARIF

First name(s) : Adam Yacub

Alias : Adam Yacub Shant; Adam Yacoub

Date of birth/Place of birth/nationality/residence : Date of birth: Circa 1976.

Passport/identifying information/status : Reportedly deceased on 7 June 2012.

Designation/justification : Sudanese Liberation Army (SLA) Commander.

SLA soldiers under the command of Adam Yacub Shant violated the ceasefire agreement by attacking a Government of Sudan military contingent that was escorting a convoy of trucks near Abu Hamra, Northern Darfur on July 23, 2005 killing three soldiers. After the attack, Government military weapons and ammunition were looted. The Panel of Experts has information establishing that the attack by SLA soldiers took place and was clearly organized; consequently it was well planned. It is therefore reasonable to assume, as the Panel concluded, that Shant, as the confirmed SLA Commander in the area, must have had knowledge of and approved or ordered the attack. He therefore bears direct responsibility for the attack and meets the criteria for being listed.

Date of UN designation : 25 April 2006.

4.

Last name :

MAYU

First name(s) : Jibril Abdulkarim Ibrahim

Alias : General Gibril Abdul Kareem Barey; ‘Tek’; Gabril Abdul Kareem Badri

Date of birth/Place of birth/nationality/residence : Date of birth: 1 January 1967;

Place of Birth: Nile District, El-Fasher, El-Fasher, North Darfur;

Nationality: Sudanese by birth;

Resides in: Tine, on the Sudanese side of the border with Chad.

Passport/identifying information/status : National Identification Number: 192-3238459-9

Certificate of nationality acquired through birth: No 302581

Designation/justification : National Movement for Reform and Development (NMRD) Field Commander.

Mayu is responsible for the kidnapping of African Union Mission in Sudan (AMIS) personnel in Darfur during October 2005. Mayu openly attempts to thwart the AMIS mission through intimidation; for example he threatened to shoot down African Union (AU) helicopters in the Jebel Moon area in November 2005. Through such actions Mayu has clearly violated UNSCR 1591 (2005) in constituting a threat to stability in Darfur and meets the criteria to be designated by the Committee to be subjected to sanctions.

Date of UN designation : 25 April 2006.