Council Regulation (EU) No 168/2012 of 27 February 2012 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

28.2.2012

EN

Official Journal of the European Union

L 54/1

II

(Non-legislative acts)

REGULATIONS

COUNCIL REGULATION (EU) No 168/2012

of 27 February 2012

amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in

Syria

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty on the Functioning of the European

Union, and in particular Article 215 thereof,

Having regard to Council Decision 2011/782/CFSP of

1 December 2011 concerning restrictive measures against

Syria (1),

Having regard to the joint proposal from the High Represen­

tative of the Union for Foreign Affairs and Security Policy and

the European Commission,

Whereas:

(1)

On 18 January 2012, the Council adopted Regulation

(EU) No 36/2012 (2).

(2)

In view of the continued brutal repression and violation

of human rights by the Government of Syria, Council

amending

Decision

Decision

2012/122/CFSP (3)

2011/782/CFSP provides for additional measures,

namely a prohibition on the sale, purchase, transpor­

tation or brokering of gold, precious metals and

diamonds, restrictive measures against the Central Bank

of Syria, and amendments to the list of targeted persons

and entities.

(3)

Those measures fall within the scope of the Treaty on the

Functioning of the European Union and regulatory action

at the level of the Union is therefore necessary in order

to implement them, in particular with a view to ensuring

their uniform application by economic operators in all

Member States.

(4)

Regulation (EU) No 36/2012 should therefore be

amended accordingly.

(5)

In order to ensure that the measures provided for in this

Regulation are effective, this Regulation must enter into

force immediately,

(1) OJ L 319, 2.12.2011, p. 56.

(2) OJ L 16, 19.1.2012, p. 1.

(3) See page 14 of this Official Journal.

Article 1

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

(1) the following article is inserted:

‘Article 11a

1. It shall be prohibited:

(a) to sell, supply, transfer or export, directly or indi­

rectly, gold, precious metals and diamonds, as listed

in Annex VIII, whether or not originating in the

Union, to the Government of Syria, its public

bodies, corporations and agencies, the Central Bank

of Syria, any person, entity or body acting on their

behalf or at their direction, or any entity or body

owned or controlled by them;

(b) to purchase, import or transport, directly or indi­

rectly, gold, precious metals and diamonds, as listed

in Annex VIII, whether the item concerned originates

in Syria or not, from the Government of Syria, its

public bodies, corporations and agencies, the Central

Bank of Syria and any person, entity or body acting

on their behalf or at their direction, or any entity or

body owned or controlled by them; and

(c) to provide, directly or indirectly, technical assistance

or brokering services, financing or financial

assistance, related to the goods referred to in points

(a) and (b), to the Government of Syria, its public

bodies, corporations and agencies, the Central Bank

of Syria and any person, entity or body acting on

their behalf or at their direction, or any entity or

body owned or controlled by them.

2. Annex VIII shall include gold, precious metals and

diamonds subject to the prohibitions referred to in

paragraph 1.’;

EN

L 54/2

Official Journal of the European Union

(2) the following article is inserted:

‘Article 21a

The prohibitions in Article 14 shall not apply to:

(a) (i) a transfer by or through Central Bank of Syria of

funds or economic resources received and frozen

after the date of its designation; or

(ii) a transfer of funds or economic resources to or

through Central Bank of Syria where the transfer

is related to a payment by a person or entity not

listed in Annex II or IIa due in connection with a

specific trade contract,

provided that the competent authority of the relevant

Member State has determined, on a case-by-case basis,

that the payment will not directly or indirectly be

received by any other person or entity listed in Annex

II or IIa; or

28.2.2012

financial institutions within the jurisdiction of the

Member States with liquidity for the financing of

trade, provided that the transfer has been authorised

by the competent authority of the relevant Member

State.’.

Article 2

The persons and entity listed in Annex I to this Regulation shall

be added to the list set out in Annex II to Regulation (EU)

No 36/2012.

Article 3

The person listed in Annex II to this Regulation shall be deleted

from the list set out in Annex II to Regulation (EU)

No 36/2012.

Article 4

The text set out in Annex III to this Regulation is added to

Regulation (EU) No 36/2012 as Annex VIII.

Article 5

(b) a transfer made by or through Central Bank of Syria of

frozen funds or economic resources in order to provide

This Regulation shall enter into force on the day 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.

Done at Brussels, 27 February 2012.

For the Council

The President

C. ASHTON

EN

28.2.2012

Official Journal of the European Union

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ANNEX I

In Annex II to Regulation (EU) No 36/2012, the following entries are added:

Date of

listing

Name

Identifying information

Reasons

1.

Central Bank of Syria

Syria, Damascus, Sabah Bahrat Square

Postal address:

Altjreda al Maghrebeh square,

Damascus,

Syrian Arab Republic,

P.O. Box: 2254

Providing financial support to the

regime

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2.

Al –Halqi, Dr. Wael

Nader

Born in the Daraa Province, 1964

Minister of Health.

Under his responsibility hospitals

were ordered to deny care to

protestors.

27.2.2012

3.

Azzam, Mansour

Fadlallah

Born in the Sweida Province, 1960

Minister of Presidential Affairs

Advisor to the President.

27.2.2012

4.

Sabouni, Dr. Emad

Abdul-Ghani

Born in Damascus, 1964

Minister of Communication and

Technology.

Under his responsability free access

to the media is being seriously

hampered.

27.2.2012

5.

Allaw, Sufian

Born in al-Bukamal, Deir Ezzor, 1944

Minister of Petroleum and Mineral

Resources.

Responsible for policies concerning

petroleum and mineral resources

which provide a major source of

financial support for the regime.

27.2.2012

6.

Slakho, Dr Adnan

Born in Damascus, 1955

Minister of Industry

Responsible for economic and

industrial policies which provide

resources and support for the

regime.

27.2.2012

7.

Al-Rashed, Dr. Saleh

Born in the Aleppo Province, 1964

Minister of Education.

Under his responsibility schools are

being used as makeshift prisons

27.2.2012

8.

Abbas, Dr. Fayssal

Born in the Hama Province, 1955

Minister of Transport.

Under his responsibility logistical

support for the repression is

being provided.

27.2.2012

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EN

Official Journal of the European Union

ANNEX II

In Annex II to Regulation (EU) No 36/2012, the following entry is deleted:

52. Emad Ghraiwati

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EN

28.2.2012

Official Journal of the European Union

ANNEX III

‘ANNEX VIII

List of gold, precious metals and diamonds referred to in Article 11a

HS Code

Description

7102

Diamonds, whether or not worked, but not mounted or set.

7106

Silver (including silver plated with gold or platinum), unwrought or in semi-manufactured forms, or in

powder form.

7108

Gold (including gold plated with platinum), unwrought or in semi-manufactured forms, or in powder form.

7109

Base metals or silver, clad with gold, not further worked than semi-manufactured.

7110

Platinum, unwrought or in semi-manufactured forms, or in powder form.

7111

Base metals, silver or gold, clad with platinum, not further worked than semi-manufactured.

7112

Waste and scrap of precious metal or of metal clad with precious metal; other waste and scrap containing

precious metal or precious-metal compounds, of a kind used principally for the recovery of precious metal.’.

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لائحة من مجلس الاتحاد الأوروبي بتجميد أصول البنك المركزي السوري وحظر تجارة الذهب والمعادن الثمينة، وإضافة وزراء إلى عقوبات سورية، منهم منصور عزام وعماد الصابوني وإسماعيل علو وحسين صلاخو.