Council Decision 2011/273/CFSP of 9 May 2011 concerning restrictive measures against Syria

10.5.2011

EN

Official Journal of the European Union

L 121/11

DECISIONS

COUNCIL DECISION 2011/273/CFSP

of 9 May 2011

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)

On 29 April 2011, the European Union expressed its

grave concern about the situation unfolding in Syria

and the deployment of military and security forces in a

number of Syrian cities.

(b) provide, directly or indirectly, financing or financial

assistance related to the items referred to in paragraph 1,

including in particular grants, loans and export credit

insurance, for any sale, supply, transfer or export of such

items, or for the provision of related technical assistance,

brokering services or other services to any natural or legal

person, entity or body in, or for use in, Syria;

(c) participate, knowingly and intentionally, in activities, the

object or effect of which is to circumvent the prohibitions

referred to in points (a) or (b).

Article 2

(2)

The Union strongly condemned the violent repression,

including through the use of live ammunition, of

peaceful protest in various locations across Syria

resulting in the death of several demonstrators,

wounded persons and arbitrary detentions, and called

on the Syrian security forces to exercise restraint

instead of repression.

(3)

In view of the seriousness of the situation, restrictive

measures should be imposed against Syria and against

persons responsible for the violent repression against

the civilian population in Syria.

(4)

Further action by the Union is needed in order to

implement certain measures,

HAS ADOPTED THIS DECISION:

Article 1

1.

The sale, supply, transfer or export of arms and related

matériel of all types, including weapons and ammunition,

military vehicles and equipment, paramilitary equipment and

spare parts for the aforementioned, as well as equipment

which might be used for internal repression, to Syria by

nationals of Member States or from the territories of Member

States or using their flag vessels or aircraft, shall be prohibited,

whether originating or not in their territories.

2.

It shall be prohibited to:

(a) provide, directly or indirectly, technical assistance, brokering

services or other services related to the items referred to in

paragraph 1 or related to the provision, manufacture, main­

tenance and use of such items, to any natural or legal

person, entity or body in, or for use in, Syria;

1.

Article 1 shall not apply to:

(a) supplies and technical assistance intended solely for the

support of or use by the United Nations Disengagement

Observer Force (UNDOF);

(b) the sale, supply, transfer or export of non-lethal military

equipment or of equipment which might be used for

internal repression, intended solely for humanitarian or

protective use, or for institution building programmes of

the United Nations (UN) and the European Union, or for

European Union and UN crisis management operations;

(c) the sale, supply, transfer or export of non-combat vehicles

which have been manufactured or fitted with materials to

provide ballistic protection, intended solely for the

protective use of personnel of the European Union and its

Member States in Syria;

(d) the provision of technical assistance, brokering services and

other services related to such equipment or to such

programmes and operations;

(e) the provision of financing and financial assistance related to

such equipment or to such programmes and operations;

on condition that such exports and assistance have been

approved in advance by the relevant competent authority.

2.

Article 1 shall not apply to protective clothing, including

flak jackets and military helmets, temporarily exported to Syria

by UN personnel, personnel of the European Union or its

Member States, representatives of the media and humanitarian

and development workers and associated personnel for their

personal use only.

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EN

Official Journal of the European Union

Article 3

1.

Member States shall take the necessary measures to

prevent the entry into, or transit through, their territories of

the persons responsible for the violent repression against the

civilian population in Syria, and persons associated with them,

as listed in the Annex.

2.

Paragraph 1 shall not oblige a Member State to refuse its

own nationals entry into its territory.

3.

Paragraph 1 shall be without prejudice to the cases where

a Member State is bound by an obligation of international law,

namely:

(a) as a host country to an international intergovernmental

organisation;

(b) as a host country to an international conference convened

by, or under the auspices of, the UN;

(c) under a multilateral agreement conferring privileges and

immunities; or

(d) under the 1929 Treaty of Conciliation (Lateran pact)

concluded by the Holy See (State of the Vatican City) and

Italy.

4.

Paragraph 3 shall be considered as also applying in cases

where a Member State is host country to the Organisation for

Security and Cooperation in Europe (OSCE).

5.

The Council shall be duly informed in all cases where a

Member State grants an exemption pursuant to paragraphs 3 or

4.

6.

Member States may grant exemptions from the measures

imposed under paragraph 1 where travel is justified on the

grounds of urgent humanitarian need, or on grounds of

attending intergovernmental meetings, including those

promoted by the Union, or hosted by a Member State

holding the Chairmanship in office of the OSCE, where a

political dialogue is conducted that directly promotes

democracy, human rights and the rule of law in Syria.

7.

A Member State wishing to grant exemptions referred to

in paragraph 6 shall notify the Council in writing. The

exemption shall be deemed to be granted unless one or more

of the Council members raises an objection in writing within

two working days of receiving notification of the proposed

exemption. Should one or more of the Council members raise

an objection, the Council, acting by a qualified majority, may

decide to grant the proposed exemption.

8.

In cases where pursuant to paragraphs 3, 4, 6 and 7, a

Member State authorises the entry into, or transit through, its

10.5.2011

territory of persons listed in the Annex, the authorisation shall

be limited to the purpose for which it is given and to the

persons concerned therewith.

Article 4

1.

All funds and economic resources belonging to, owned,

held or controlled by persons responsible for the violent

repression against the civilian population in Syria, and natural

or legal persons, and entities associated with them, as listed in

the Annex, 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 the Annex.

3.

The competent authority of a Member State may authorise

the release of certain frozen funds or economic resources, or the

making available of certain funds or economic resources, under

such conditions as it deems appropriate, after having

determined that the funds or economic resources concerned are:

(a) necessary to satisfy the basic needs of the persons listed in

the Annex and their dependent family members, including

payments for foodstuffs, rent or mortgage, medicines and

medical treatment, taxes, insurance premiums, and public

utility charges;

(b) intended exclusively for the payment of reasonable profes­

sional fees and the reimbursement of incurred expenses

associated with the provision of legal services;

(c) intended exclusively for the payment of fees or service

charges for the routine holding or maintenance of frozen

funds or economic resources; or

(d) necessary for extraordinary expenses, provided that the

competent authority has notified the competent authority

of the other Member States and the Commission of the

grounds on which it considers that a specific authorisation

should be granted, at least two weeks prior to the auth­

orisation.

A Member State shall inform the other Member States and the

Commission of any authorisation it grants under this paragraph.

4.

By way of derogation from paragraph 1, the competent

authorities of a Member State may authorise the release of

certain frozen funds or economic resources, provided that the

following conditions are met:

(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 the Annex, or

of a judicial, administrative or arbitral judgment rendered

prior to that date;

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Official Journal of the European Union

(b) 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;

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

legal person or entity listed in the Annex; and

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notice, providing such person or entity with an opportunity to

present observations.

3.

Where observations are submitted, or where substantial

new evidence is presented, the Council shall review its

decision and inform the person or entity concerned accordingly.

Article 6

(d) recognising the lien or judgement is not contrary to public

policy in the Member State concerned.

1.

The Annex shall include the grounds for listing the

persons and entities concerned.

A Member State shall inform the other Member States and the

Commission of any authorisation granted under this paragraph.

2.

The Annex 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.

5.

Paragraph 1 shall not prevent a designated person or

entity from making a payment due under a contract entered

into before the listing of such a person or entity, 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.

6.

Paragraph 2 shall not apply to the addition to frozen

accounts of:

(a) interest or other earnings on those accounts; or

(b) payments due under contracts, agreements or obligations

that were concluded or arose prior to the date on which

those accounts became subject to this Decision,

provided that any such interest, other earnings and payments

remain subject to paragraph 1.

Article 5

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 list in the Annex.

2.

The Council shall communicate its decision, including the

grounds for listing, to the person or entity concerned, either

directly, if the address is known, or through the publication of a

Article 7

In order to maximise the impact of the measures set out in this

Decision, the Union shall encourage third States to adopt

restrictive measures similar to those contained in this Decision.

Article 8

This Decision shall apply for a period of 12 months. It shall be

kept under constant review. It shall be renewed, or amended as

appropriate, if the Council deems that its objectives have not

been met.

Article 9

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

Done at Brussels, 9 May 2011.

For the Council

The President

MARTONYI J.

EN

L 121/14

Official Journal of the European Union

10.5.2011

ANNEX

List of persons and entities referred to in Articles 3 and 4

Persons

Name

Identifying information

Reasons

Date of listing

1.

Maher Al-Assad

Born on 8 December

1967; diplomatic

passport No 4138

Commander of the army's 4th Division,

member

of

Baath

Party

Central

Command, strongman of the Republican

Guard; principal overseer of violence

against demonstrators.

09.05.2011

2.

Ali Mamlouk

Born on 19 February

1946

in

Damascus;

diplomatic passport

No 983

Head of General Intelligence Service; Head

of Syrian Intelligence since 2005; involved

in violence against demonstrators.

09.05.2011

3.

Mohammad Ibrahim

Al-Chaar

Minister for the Interior in the government;

involved in violence against demonstrators.

09.05.2011

4.

Atef Najib

Former Head of Political Security in Deraa;

involved in violence against demonstrators.

09.05.2011

5.

Hafez Makhlouf

Colonel and Head of Unit in General Intel­

ligence Directorate, Damascus Branch;

close to Maher al-Assad; involved in

violence against demonstrators.

09.05.2011

6.

Mohammed Dib

Zeitoun

Head of Political Security; involved in

violence against demonstrators.

09.05.2011

7.

Amjad Al-Abbas

Head of Political Security in Banias,

involved in violence against demonstrators

in Baida.

09.05.2011

8.

Rami Makhlouf

Syrian businessman. Associate of Maher alAssad; bankrolls the regime allowing

violence against demonstrators.

09.05.2011

9.

Abd Al-Fatah Qudsiyah

Head of Syrian Military Intelligence and as

such involved in the repression against the

civilian population.

09.05.2011

10.

Jamil Hassan

Head of Syrian Air Force Intelligence and

as such involved in the repression against

the civilian population.

09.05.2011

11.

Rustum Ghazali

Head of Syrian Military Intelligence,

Damascus Countryside Branch and as

such involved in the repression against

the civilian population.

09.05.2011

12.

Fawwaz Al-Assad

Involved in the repression against the

civilian population as part of the Shabiha

militia.

09.05.2011

13.

Mundir Al-Assad

Involved in the repression against the

civilian population as part of the Shabiha

militia.

09.05.2011

Born on 2 April 1971 in

Damascus; diplomatic

passport No 2246

Born on 10 July 1969 in

Damascus, passport

No 454224

قرار من مجلس الاتحاد الأوروبي بفرض أولى العقوبات على سورية: حظر توريد الأسلحة ومعدات القمع، وتجميد أصول وحظر سفر 13 مسؤولًا هم: ماهر الأسد، علي مملوك، محمد إبراهيم الشعار، عاطف نجيب، حافظ مخلوف، محمد ديب زيتون، أمجد العباس، رامي مخلوف، عبد الفتاح قدسية، جميل حسن، رستم غزالي، فواز الأسد، منذر الأسد.