Council Decision 2011/684/CFSP of 13 October 2011 amending Decision 2011/273/CFSP concerning restrictive measures against Syria

14.10.2011

EN

Official Journal of the European Union

L 269/33

COUNCIL DECISION 2011/684/CFSP

of 13 October 2011

amending Decision 2011/273/CFSP concerning restrictive measures against Syria

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in

particular Article 29 thereof,

Whereas:

(1)

(2)

(3)

On 9 May 2011, the Council adopted Decision

2011/273/CFSP concerning restrictive measures against

Syria. (1)

In view of the gravity of the situation in Syria, an addi­

tional entity should be subject to the restrictive measures

set out in Decision 2011/273/CFSP with a view to

preventing that entity from using funds or economic

resources presently owned, held or controlled by it in

order to provide financial support to the Syrian regime,

whilst allowing on a temporary basis for frozen funds or

economic resources subsequently received by that entity

to be used in connection with the financing of trade with

non-designated persons and entities.

Decision

2011/273/CFSP

accordingly,

should

be

amended

HAS ADOPTED THIS DECISION:

Article 1

Council Decision 2011/273/CFSP is hereby amended as follows:

(1) Article 3 is amended as follows:

(i) paragraph 1 is replaced by the following:

‘1.

Member States shall take the necessary measures

to prevent the entry into, or transit through, their terri­

tories of the persons responsible for the violent

repression against the civilian population in Syria,

persons benefiting from or supporting the regime, and

persons associated with them, as listed in Annex I.’;

‘1.

All funds and economic resources belonging to,

or owned, held or controlled by persons responsible for

the violent repression against the civilian population in

Syria, persons and entities benefiting from or

supporting the regime, and persons and entities

associated with them, as listed in Annexes I and II,

shall be frozen.

2.

No funds or economic resources shall be made

available, directly or indirectly, to or for the benefit of,

natural or legal persons or entities listed in Annexes I

and II.’;

(ii) point (a) of paragraph 3 is replaced by the following:

‘(a) necessary to satisfy the basic needs of the persons

listed in Annexes I and II and their dependent

family members, including payments for foodstuffs,

rent or mortgage, medicines and medical treatment,

taxes, insurance premiums, and public utility

charges;’;

(iii) point (a) of paragraph 4 is replaced by the following:

‘(a) the funds or economic resources are the subject of

a judicial, administrative or arbitral lien established

prior to the date on which the natural or legal

person or entity referred to in Article 4(1) was

included in Annexes I and II, or of a judicial,

administrative or arbitral judgment rendered prior

to that date;’;

(iv) point (c) of paragraph 4 is replaced by the following:

‘(c) the lien or judgment is not for the benefit of a

natural or legal person or entity listed in Annexes

I and II; and’;

(ii) paragraph 8 is replaced by the following:

‘8.

In cases where pursuant to paragraphs 3, 4, 5, 6

and 7 a Member State authorises the entry into, or

transit through, its territory of persons listed in Annex

I, the authorisation shall be limited to the purpose for

which it is given and to the person concerned

therewith.’;

(2) Article 4 is amended as follows:

(i) paragraphs 1 and 2 are replaced by the following:

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

(v) the following paragraph is added:

‘5a.

Paragraph 1 shall not prevent a designated entity

listed in Annex II, for a period of two months after the

date of its designation, from making a payment from

frozen funds or economic resources received by such

entity after the date of its designation, where such

payment is due under a contract in connection with

the financing of trade, provided that the relevant

Member State has determined that the payment is not

directly or indirectly received by a person or entity

referred to in paragraph 1.’;

L 269/34

EN

Official Journal of the European Union

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

‘Article 4a

No claims, including for compensation or indemnification

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

fines or a claim 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,

wholly or in part, by reason of measures covered by this

Decision, shall be granted to the designated persons or

entities listed in Annexes I and II, or any other person or

entity in Syria, including the Government of Syria, its public

bodies, corporations and agencies, or any person or entity

claiming through or for the benefit of any such person or

entity.’;

14.10.2011

2.

Annexes I and II shall also contain, where available,

the information necessary to identify the persons or entities

concerned. With regard to persons, 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 entities, such information may include names, place and

date of registration, registration number and place of

business.’.

Article 2

The Annex to Decision 2011/273/CFSP shall become Annex I.

Article 3

The Annex to this Decision shall be added to Decision

2011/273/CFSP as Annex II.

(4) Article 5(1) is replaced by the following:

‘1.

The Council, acting upon a proposal by a Member

State or the High Representative of the Union for Foreign

Affairs and Security Policy, shall establish and amend the

lists in Annexes I and II.’;

(5) Article 6 is replaced by the following:

‘Article 6

1.

Annexes I and II shall include the grounds for listing

the persons and entities concerned.

Article 4

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 13 October 2011.

For the Council

The President

M. DOWGIELEWICZ

EN

14.10.2011

Official Journal of the European Union

L 269/35

ANNEX

‘ANNEX II

List of entities referred to in Article 4(1)

Entities

1.

Name

Identifying information

Reasons

Date of listing

Commercial

Bank of Syria

— Damascus Branch, P.O. Box 2231, Moawiya St.,

Damascus, Syria;- P.O. Box 933, Yousef Azmeh

Square, Damascus, Syria;

State-owned

bank providing

financial

support to the

regime.

13.10.2011’

— Aleppo Branch, P.O. Box 2, Kastel Hajjarin St.,

Aleppo, Syria;

SWIFT/BIC

[NPWMD]

CMSY

SY

DA;

all

offices worldwide

Website: http://cbs-bank.sy/En-index.php

Tel: +963 11 2218890

Fax: +963 11 2216975

general managment: [email protected]

قرار من مجلس الاتحاد الأوروبي بإضافة المصرف التجاري السوري إلى قائمة الكيانات الخاضعة للعقوبات.