Council Regulation (EU) No 950/2011 of 23 September 2011 amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria

24.9.2011

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Official Journal of the European Union

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COUNCIL REGULATION (EU) No 950/2011

of 23 September 2011

amending Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in

Syria

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European

Union, and in particular Article 215 thereof,

Having regard to Council Decision 2011/273/CFSP of 9 May

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,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 442/2011 is hereby amended as follows:

(1) In Article 1, the following point is inserted:

‘(j) ‘Syrian person, entity or body’ means:

(i) the State of Syria or any public authority thereof;

Whereas:

(1)

On 9 May 2011, the Council adopted Regulation (EU)

No 442/2011 concerning restrictive measures in view of

the situation in Syria (2).

(2)

By Regulation (EU) No 878/2011 (3), the Council

amended Regulation (EU) No 442/2011 to extend the

measures against Syria, including an expansion of the

listing criteria, and a prohibition on the purchase,

import or transportation from Syria of crude oil.

(ii) any natural person in, or resident in, Syria;

(iii) any legal person, entity or body having its

registered office in Syria;

(iv) any legal person, entity or body, inside or outside

Syria, owned or controlled directly or indirectly by

one or more of the above mentioned persons or

bodies;’;

(2) The following Article is inserted:

(3)

(4)

(5)

By Council Decision 2011/628/CFSP (4) which amended

Decision 2011/273/CFSP, the Council agreed on the

adoption of further measures, namely a prohibition on

investment in the crude oil sector, the addition of further

listings, the prohibition of the delivery of Syrian

banknotes and coins to the Central Bank of Syria and

some adjustments to the provisions protecting economic

operators against claims related to the implementation of

sanctions.

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.

In order to ensure that the measures provided for in this

Regulation are effective, this Regulation must enter into

force immediately upon its publication,

(1) OJ L 121, 10.5.2011, p. 11.

(2) OJ L 121, 10.5.2011, p. 1.

(3) OJ L 228, 3.9.2011, p. 1.

(4) See page 17 of this Official Journal.

‘Article 2a

It shall be prohibited to sell, supply, transfer or export,

directly or indirectly, new Syrian denominated banknotes

and coinage, printed or minted in the European Union, to

the Central Bank of Syria.’;

(3) The following Article is inserted:

‘Article 3c

1.

The following shall be prohibited:

(a) the granting of any financial loan or credit to any Syrian

person, entity or body referred to in paragraph 2;

(b) the acquisition or extension of a participation in any

Syrian person, entity or body referred to in paragraph 2;

(c) the creation of any joint venture with any Syrian

person, entity or body referred to in paragraph 2;

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Official Journal of the European Union

(d) the participation, knowingly and intentionally, in

activities the object or effect of which is to circumvent

the prohibitions referred to in points (a), (b) or (c).

24.9.2011

(4) Article 10a is replaced by the following:

‘Article 10a

2.

The prohibitions in paragraph 1 shall apply to any

Syrian person, entity or body engaged in the exploration,

production or refining of crude oil.

3.

For the purposes of paragraph 2 only, the following

definitions shall apply:

(a) ‘exploration of crude oil’ includes the exploration for,

prospecting for and management of crude oil reserves,

as well as the provision of geological services in relation

to such reserves;

(b) ‘refining of crude oil’ means the processing, condi­

tioning or preparation of oil for the ultimately final

sale of fuels.

4.

No claims, including for compensation or indemnification

or any other claim of this kind, such as a claim of set-off,

fines or claims under a guarantee, claims for extension or

payment of a bond, financial guarantee, including claims

arising from letters of credit and similar instruments in

connection with any contract or transaction the

performance of which was affected, directly or indirectly,

in whole or in part, by the measures imposed by this

Regulation, shall be granted to the Government of Syria,

its public bodies, corporations and agencies, or to any

person or entity claiming through it or for its benefit.’.

Article 2

Annex II to Regulation (EU) No 442/2011 is hereby amended

in accordance with Annex I to this Regulation.

The prohibitions in paragraph 1:

(a) shall be without prejudice to the execution of an obli­

gation arising from contracts or agreements concluded

before 23 September 2011;

(b) shall not prevent the extension of a participation, if such

extension is an obligation under an agreement

concluded before 23 September 2011.’;

Article 3

Annex IV to Regulation (EU) No 442/2011 is hereby replaced

by the text set out in Annex II to this Regulation.

Article 4

This Regulation shall enter into force on the day of its publi­

cation 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, 23 September 2011.

For the Council

The President

M. DOWGIELEWICZ

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Official Journal of the European Union

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ANNEX I

In Annex II to Regulation (EU) No 442/2011, the following entries are added:

Persons

Name

Identifying information

Reasons

Date of listing

1.

Tayseer Qala Awwad

DoB: 1943; PoB Damascus

Minister of Justice. Associated with

the Syrian regime, including by

supporting

its

policies

and

practices of arbitrary arrest and

detention.

23.09.2011

2.

Dr. Adnan Hassan

Mahmoud

DoB: 1966; PoB Tartous

Minister of Information. Associated

with the Syrian regime, including

by supporting and promoting its

information policy.

23.09.2011

Reasons

Date of listing

Entities

Name

Identifying information

1.

Addounia TV

(a.k.a. Dounia TV)

Telephone:+963-11-5667274,

+963-11-5667271,

Fax:+963-11-5667272

Website:

http://www.addounia.tv

Addounia TV has incited violence

against the civilian population in

Syria.

23.09.2011

2.

Cham Holding

Cham Holding Building Daraa

Highway - Ashrafiyat Sahnaya Rif

Dimashq – Syria P.O Box 9525

Tel +963 (11) 9962 +963 (11)

668 14000 +963 (11) 673 1044

Fax +963 (11) 673 1274

Email [email protected]

www.chamholding.sy

Controlled by Rami Makhlouf;

largest holding company in Syria,

benefiting from and supporting

the regime.

23.09.2011

3.

El-Tel Co. (a.k.a. El-Tel

Middle East Company)

Address: Dair Ali Jordan

Highway, P.O.Box 13052,

Damascus – Syria

Telephone: +963-11-2212345

Fax: +963-11-44694450

Email: [email protected]

Website: www.eltelme.com

Manufacturing and supplying tele­

communication equipment for the

Army.

23.09.2011

4.

Ramak Constructions

Co.

Address: Daa'ra Highway,

Damascus, Syria Telephone:

+963-11-6858111

Mobile: +963-933-240231

Construction of military barracks,

border post barracks and other

buildings for Army needs.

23.09.2011

5.

Souruh Company

(a.k.a. SOROH

Al Cham Company)

Address: Adra Free Zone Area

Damascus – Syria

Telephone:+963-11-5327266

Mobile:+963-933-526812

+963-932-878282

Fax:+963-11-5316396

Email: [email protected]

Website: http://sites.google.com/

site/sorohco

Investment in local military

industrial projects, manufacturing

weapons parts and related items.

100 % of the company is owned

by Rami Makhlouf.

23.09.2011

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Official Journal of the European Union

Name

6.

Syriatel

24.9.2011

Identifying information

Reasons

Date of listing

Thawra Street, Ste Building 6ème

étage, BP 2900

Tel: +963 11 61 26 270

Fax: +963 11 23 73 97 19

Email: [email protected];

Website: http://syriatel.sy/

Controlled by Rami Makhlouf;

provides financial support to the

regime: through its licensing

contract it pays 50 % of its profits

to the Government.

23.09.2011

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Official Journal of the European Union

ANNEX II

‘ANNEX IV

List of Petroleum Products

HS Code

Description

2709 00

Petroleum oils and oils obtained from bituminous minerals, crude:

2710

Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere

specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from

bituminous minerals, these oils being the basic constituents of the preparations; waste oils:

2712

Petroleum jelly; paraffin wax, microcrystalline petroleum wax, slack wax, ozokerite, lignite wax, peat wax,

other mineral waxes, and similar products obtained by synthesis or by other processes, whether or not

coloured:

2713

Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from

bituminous minerals:

2714

Bitumen and asphalt, natural; bituminous or oil-shale and tar sands; asphaltites and asphaltic rocks:

2715 00 00

Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar

or on mineral tar pitch (for example, bituminous mastics, cut-backs)’

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لائحة من مجلس الاتحاد الأوروبي بحظر الاستثمار في قطاع النفط السوري وإضافة إلى العقوبات: تيسير قلا عواد، عدنان حسن محمود، قناة الدنيا، شام القابضة، شركة التل، راماك للإنشاءات، شركة صروح، سيريتل.