# Council Regulation (EU) No 748/2014 (repealed)Show full title

Council Regulation (EU) No 748/2014 of 10 July 2014 concerning restrictive measures in respect of the situation in South Sudan            (repealed)         

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U.K.

# Council Regulation (EU) No 748/2014                     

# of 10 July 2014

# concerning restrictive measures in respect of the situation in South Sudan (repealed)

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 2014/449/CFSP of 10 July 2014 concerning restrictive measures in view of the situation in                           South Sudan(1),                        

Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and                           the European Commission,                        

Whereas:

(1)On 18 July 2011, the Council adopted Decision 2011/423/CFSP(2) which extended the arms embargo on Sudan to cover South Sudan.

(2)On 24 November 2011, the Council adopted Regulation (EU) No 1215/2011(3) which extended the scope of application of the arms embargo to South Sudan.

(3)On 10 July 2014, the Council adopted Decision 2014/449/CFSP separating the measures concerning South Sudan and integrating                              them into a single legal act and providing for restrictions on admission and the freezing of funds and economic resources                              of persons obstructing the political process in South Sudan, including by acts of violence or violations of ceasefire agreements,                              as well as persons responsible for serious violations of human rights in South Sudan.

(4)Those measures fall within the scope of the Treaty on the Functioning of the European Union and, therefore, in particular                              with a view to ensuring their uniform application in all Member States, regulatory action at the level of the Union is necessary                              in order to implement them.

(5)For the sake of clarity, measures concerning South Sudan should be separated from measures concerning Sudan. Council Regulation                              (EC) No 131/2004(4) should therefore be replaced by this Regulation in so far as it concerns South Sudan. Regulation (EC) No 131/2004 should                              also be replaced by Council Regulation (EU) No 747/2014(5) in so far as it concerns Sudan.

(6)This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental                              Rights of the European Union and notably the right to an effective remedy and to a fair trial and the right to the protection                              of personal data. This Regulation should be applied in accordance with those rights.

(7)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 South Sudan and in order to ensure consistency                              with the process for amending and reviewing the Annex to Decision 2014/449/CFSP.

(8)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 must be frozen                              in accordance with this Regulation, must be made public. Any processing of personal data should comply with Regulation (EC)                              No 45/2001of the European Parliament and of the Council(6) and Directive 95/46/EC of the European Parliament and of the Council(7).

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

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

For the purposes of this Regulation, the following definitions shall apply:

‘brokering services’ means:

the negotiation or arrangement of transactions for the purchase, sale or supply of goods and technology, or of financial and                                       technical services, from a third country to any other third country; or                                    

the selling or buying of goods and technology, or of financial and technical services, that are located in third countries                                       for their transfer to another third country;                                    

‘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:                           

a claim for performance of any obligation arising under or in connection with a contract or transaction;

a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form;

a claim for compensation in respect of a contract or transaction;

a counterclaim;

a claim for the recognition or enforcement, including by the procedure of *exequatur*, of a judgment, an arbitration award or an equivalent decision, wherever made or given;                                    

‘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:

cash, cheques, claims on money, drafts, money orders and other payment instruments;

deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;

publicly- and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities,                                       bonds, notes, warrants, debentures and derivatives contracts;                                    

interest, dividends or other income on or value accruing from or generated by assets;

credit, right of set-off, guarantees, performance bonds or other financial commitments;

letters of credit, bills of lading, bills of sale; and

documents showing evidence of an interest in funds or financial resources;

‘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.                           

# Article 2U.K.

It shall be prohibited to:

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 South 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 South Sudan.                           

# Article 3U.K.

By way of derogation from Article 2, the competent authorities of Member States may authorise the provision of financing and                     financial assistance, technical assistance and brokering services related to:                  

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 or the Intergovernmental Authority on Development (IGAD);                           

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

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

support for the process of Security Sector Reform in South Sudan.

# Article 4U.K.

Article 2 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to South                     Sudan by personnel of the European Union, or its Member States, by UN or IGAD personnel, or by representatives of the media,                     humanitarian and development workers and associated personnel for their personal use only.                  

# Article 5U.K.

1.All funds and economic resources belonging to, owned, held or controlled by any natural or legal person, entity or bodies                        as listed in Annex I 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, entities or bodies listed in Annex I.                  

3.Annex I shall include natural or legal persons, entities and bodies obstructing the political process in South Sudan, including                        by acts of violence or violations of ceasefire agreements, as well as persons responsible for serious violations of human                        rights in South Sudan, and natural or legal persons, entities or bodies associated with them.                  

4.Annex I shall include the grounds for the listing of natural or legal persons, entities or bodies concerned.                  

5.Annex I shall include, where available, information necessary to identify the natural or legal persons, entities or bodies                        concerned. With regard to natural persons, such information may include names including aliases, date and place of birth,                        nationality, passport and ID card numbers, gender, address, if known, and function or profession. With regard to legal persons,                        entities and bodies, such information may include names, place and date of registration, registration number and place of                        business.                  

# Article 6U.K.

1.By way of derogation from Article 5, the competent authorities of the Member States 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 they                        deem appropriate, after having determined that the funds or economic resources concerned are:                  

(a)necessary to satisfy the basic needs of natural or legal persons, entities or bodies listed in Annex I, and dependent family                        members of such natural persons, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes,                        insurance premiums, and public utility charges;                  

(b)intended exclusively for payment of reasonable professional fees or reimbursement of incurred expenses associated with the                        provision of legal services;                  

(c)intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic                        resources; or                  

(d)necessary for extraordinary expenses, provided that the relevant competent authority has notified the competent authorities                        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 authorisation;                  

2.The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph                        1.                  

# Article 7U.K.

1.By way of derogation from Article 5, the competent authorities in the Member States may authorise the release of certain frozen                        funds or economic resources, if the following conditions are met:                  

(a)the funds or economic resources are the subject of an arbitral decision rendered prior to the date on which the natural or                        legal person, entity or body referred to in Article 5 was listed in Annex I, or of a judicial or administrative decision rendered                        in an EU Member State, or a judicial decision enforceable in the Member State concerned, prior to or after that date;                  

(b)the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid                        in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;                  

(c)the decision is not for the benefit of a natural or legal person, entity or body listed in Annex I; and                  

(d)recognition of the decision is not contrary to public policy in the Member State concerned.                  

2.The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph                        1.                  

# Article 8U.K.

1.By way of derogation from Article 5, and provided that a payment by a natural or legal person, entity or body listed in Annex                        I is due under a contract or agreement that was concluded by, or an obligation that arose for, the natural or legal person,                        entity or body concerned before the date on which that natural or legal person, entity or body was included in Annex I, the                        competent authorities of the Member States may authorise, under such conditions as they deem appropriate, the release of certain                        frozen funds or economic resources, provided that the competent authority concerned has determined that:                  

(a)the funds or economic resources shall be used for a payment by a natural or legal person, entity or body listed in Annex I;                        and                  

(b)the payment is not in breach of Article 5(2).                  

2.The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph                        1.                  

# Article 9U.K.

1.Article 5(2) shall not prevent the crediting of the frozen accounts by financial or credit institutions that receive funds                        transferred by third parties to the account of a listed natural or legal person, entity or body, provided that any additions                        to such accounts will also be frozen. The financial or credit institution shall inform the relevant competent authority about                        any such transaction without delay.                  

2.Article 5(2) shall not apply to the addition to frozen accounts of:                  

(a)interest or other earnings on those accounts;                  

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

(c)payments due under judicial, administrative or arbitral decisions rendered in an EU Member State or enforceable in the Member                        State concerned;                  

provided that any such interest, other earnings and payments are frozen in accordance with Article 5(1).

# Article 10U.K.

1.Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, natural and legal                        persons, entities and bodies shall:                  

(a)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 State where they are resident or                        located, and transmit any such information, directly or through the Member State, to the Commission; and                  

(b)cooperate with the competent authority in any verification of this information.                  

2.Any additional information received directly by the Commission shall be made available to the Member States.                  

3.Any information provided or received in accordance with this Article shall be used only for the purposes for which it was                        provided or received.                  

# Article 11U.K.

It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent                     the measures referred to in Articles 2 and 5.                  

# Article 12U.K.

1.The freezing of funds and economic resources, or the refusal to make funds or economic resources available, carried out in                        good faith and on the basis that such action is in accordance with this Regulation, shall not give rise to liability of any                        kind on the part of the natural or legal person, or entity or body implementing it, or its directors or employees, unless                        it is proved that the funds and economic resources were frozen or withheld as a result of negligence.                  

2.Actions by natural or legal persons, entities or bodies shall not give rise to any liability of any kind on their part if                        they did not know, and had no reasonable cause to suspect, that their actions would infringe the measures set out in this                        Regulation.                  

# Article 13U.K.

1.No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly,                        in whole or in part, by the measures imposed under this Regulation, including claims for indemnity or any other claim of this                        type, such as a claim for compensation or a claim under a guarantee, particularly a claim for extension or payment of a bond,                        guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if                        they are made by:                  

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

(b)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).                  

2.In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited by paragraph                        1 shall be on the natural or legal person, entity or body seeking the enforcement of that claim.                  

3.This Article is without prejudice to the right of the natural or legal persons, entities and bodies referred to in paragraph                        1 to judicial review of the legality of the non-performance of contractual obligations in accordance with this Regulation.                  

# Article 14U.K.

1.The Commission and Member States shall inform each other of the measures taken under this Regulation and share any other relevant                        information at their disposal in connection with this Regulation, in particular, information in respect of:                  

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

(b)violation and enforcement problems and judgments handed down by national courts.                  

2.The Member States shall immediately inform each other and the Commission of any other relevant information at their disposal                        which might affect the effective implementation of this Regulation.                  

# Article 15U.K.

The Commission shall be empowered to amend Annex II on the basis of information supplied by Member States.

# Article 16U.K.

1.Where the Council decides to subject a natural or legal person, entity or body to the measures referred to in Article 5, it                        shall amend Annex I accordingly.                  

2.The Council shall communicate its decision, including the grounds for listing, to the natural or legal person, entity or body                        referred to in paragraph 1, either directly, if the address is known, or through the publication of a notice, providing such                        natural or legal person, entity or body 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 natural or legal person, entity or body accordingly.                  

4.The list in Annex I shall be reviewed at regular intervals and at least every 12 months.                  

# Article 17U.K.

1.Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures                        necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.                  

2.Member States shall notify these rules to the Commission without delay after the entry into force of this Regulation and shall                        notify it of any subsequent amendment.                  

# Article 18U.K.

1.Member States shall designate the competent authorities referred to in this Regulation and identify them on the websites listed                        in Annex II. Member States shall notify the Commission of any changes in the addresses of their websites listed in Annex II.                  

2.Member States shall notify the Commission of their competent authorities, including the contact details of those competent                        authorities, without delay after the entry into force of this Regulation, and shall notify it of any subsequent amendment.                  

3.Where this Regulation sets out a requirement to notify, inform or otherwise communicate with the Commission, the address and                        other contact details to be used for such communication shall be those indicated in Annex II.                  

# Article 19U.K.

This Regulation shall apply:

within the territory of the Union, including its airspace;

on board of 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.

# Article 20U.K.

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, 10 July 2014.

*For the Council*                            

*The President*                            

S. Gozi                            

## ANNEX IU.K.List of natural and legal persons, entities and bodies referred to in Article 5

### A.Natural personsU.K.

## ANNEX IIU.K.Websites for information on the competent authorities and address for notification to the European Commission

### BELGIUMU.K.

http://www.diplomatie.be/eusanctions

### BULGARIAU.K.

http://www.mfa.bg/en/pages/135/index.html

### CZECH REPUBLICU.K.

http://www.mfcr.cz/mezinarodnisankce

### DENMARKU.K.

http://um.dk/da/politik-og-diplomati/retsorden/sanktioner/

### GERMANYU.K.

http://www.bmwi.de/DE/Themen/Aussenwirtschaft/aussenwirtschaftsrecht,did=404888.html

### ESTONIAU.K.

http://www.vm.ee/est/kat_622/

### IRELANDU.K.

http://www.dfa.ie/home/index.aspx?id=28519

### GREECEU.K.

http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html

### SPAINU.K.

http://www.exteriores.gob.es/Portal/es/PoliticaExteriorCooperacion/GlobalizacionOportunidadesRiesgos/Documents/ORGANISMOS%20COMPETENTES%20SANCIONES%20INTERNACIONALES.pdf

### FRANCEU.K.

http://www.diplomatie.gouv.fr/autorites-sanctions/

### CROATIAU.K.

http://www.mvep.hr/sankcije

### ITALYU.K.

http://www.esteri.it/MAE/IT/Politica_Europea/Deroghe.htm

### CYPRUSU.K.

http://www.mfa.gov.cy/sanctions

### LATVIAU.K.

http://www.mfa.gov.lv/en/security/4539

### LITHUANIAU.K.

http://www.urm.lt/sanctions

### LUXEMBOURGU.K.

http://www.mae.lu/sanctions

### HUNGARYU.K.

http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/

### MALTAU.K.

http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp

### NETHERLANDSU.K.

www.rijksoverheid.nl/onderwerpen/internationale-vrede-en-veiligheid/sancties

### AUSTRIAU.K.

http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=

### POLANDU.K.

http://www.msz.gov.pl

### PORTUGALU.K.

http://www.portugal.gov.pt/pt/os-ministerios/ministerio-dos-negocios-estrangeiros/quero-saber-mais/sobre-o-ministerio/medidas-restritivas/medidas-restritivas.aspx

### ROMANIAU.K.

http://www.mae.ro/node/1548

### SLOVENIAU.K.

http://www.mzz.gov.si/si/zunanja_politika_in_mednarodno_pravo/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/

### SLOVAKIAU.K.

http://www.mzv.sk/sk/europske_zalezitosti/europske_politiky-sankcie_eu

### FINLANDU.K.

http://formin.finland.fi/kvyhteistyo/pakotteet

### SWEDENU.K.

http://www.ud.se/sanktioner

### UNITED KINGDOMU.K.

https://www.gov.uk/sanctions-embargoes-and-restrictions

Address for notifications to the European Commission:

European Commission

Service for Foreign Policy Instruments (FPI)

EEAS 02/309

B-1049 Brussels

Belgium

E-mail: relex-sanctions@ec.europa.eu

1

See page 100 of this Official Journal.

2

Council Decision 2011/423/CFSP of 18 July 2011 concerning restrictive measures against Sudan and South Sudan and repealing                              Common Position 2005/411/CFSP (OJ L 188, 19.7.2011, p. 20).                           

3

Council Regulation (EU) No 1215/2011 of 24 November 2011 amending Regulation (EC) No 131/2004 imposing certain restrictive                              measures in respect of Sudan (OJ L 310, 25.11.2011, p. 1).                           

4

Council Regulation (EC) No 131/2004 of 26 January 2004 imposing certain restrictive measures in respect of Sudan and South                              Sudan (OJ L 21, 28.1.2004, p. 1).                           

5

Council Regulation (EU) No 747/2014 of 10 July 2014 concerning restrictive measures in view of the situation in Sudan and                              repealing Regulations (EC) No 131/2004 and (EC) No 1184/2005 (see page 1 of this Official Journal).                           

6

Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals                              with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data                              (OJ L 8, 12.1.2001, p. 1).                           

7

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with                              regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).