Council Regulation (EC) No 467/2001
of 6 March 2001
prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan, and repealing Regulation (EC) No 337/2000
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 60 and 301 thereof,
Having regard to Council Common Position 2001/154/CFSP of 26 February 2001 concerning additional restrictive measures against the Taliban and amending Common Position 96/746/CFSP(1),
Having regard to the proposal from the Commission,
Whereas:
(1) On 19 December 2000, the United Nations Security Council adopted Resolution 1333 (2000) demanding, inter alia, that the Taliban comply with Resolution 1267 (1999), in particular by ceasing to provide sanctuary and training for international terrorists and their organisations and by handing over Usama Bin Ladin to the relevant authorities for trial.
(2) The Security Council decided, inter alia, that the flight ban and the freezing of funds, which were imposed pursuant to its Resolution 1267 (1999), should be strengthened and that a number of additional measures should be applied against the Taliban, in particular on exporting certain goods, a prohibition on providing certain technical advice and training, and the forced closure of Taliban and Ariana Afghan Airlines offices.
(3) These measures fall under the scope of the Treaty and, therefore, notably with a view to avoiding distortion of competition, Community legislation is necessary to implement the relevant decisions of the Security Council as far as the territory of the Community is concerned. For the purpose of this Regulation, the territory of the Community is deemed to encompass the territories of the Member States to which the Treaty is applicable, under the conditions laid down in that Treaty.
(4) In order to create maximum legal certainty within the Community, the names and other relevant data with regard to persons, entities and bodies whose funds should be frozen further to a designation by the UN authorities, a description of the territory of Afghanistan under Taliban control as designated by the UN authorities, and the list of organisations and governmental relief agencies that are allowed to execute humanitarian flights to Afghanistan, should be made publicly known and a procedure should be established within the Community to amend these lists.
(5) The competent authorities of the Member States should, where necessary, be empowered to ensure compliance with the provisions of this Regulation on the freezing of funds and financial resources.
(6) UN Security Council Resolutions 1267 (1999) and 1333 (2000) provide that the Taliban Sanctions Committee may grant exemptions to the freezing of funds, to the flight ban and to the prohibition to export certain services. Therefore, provision needs to be made to render such exemptions applicable throughout the Community.
(7) For reasons of expediency, the Commission should be empowered to supplement and/or amend the Annexes to this Regulation on the basis of pertinent notification or information by the UN Security Council, the Taliban Sanctions Committee and the Member States, as appropriate.
(8) The Commission and the Member States should inform each other of the measures taken under this Regulation and of other relevant information at their disposal in connection with this Regulation, and cooperate with the Taliban Sanctions Committee, in particular by supplying information to it.
(9) Breaches of this Regulation should be subject to sanctions and Member States should impose appropriate sanctions to that end. It is, moreover, desirable that sanctions for breaches of this Regulation can be imposed as of the date of entry into force of this Regulation and that, if there is prima facie evidence, Member States institute proceedings against any persons, entities or bodies under their jurisdiction that have breached any of these provisions.
(10) For reasons of transparency and simplicity, the interruption or reduction of economic relations with Afghanistan should be governed by one legal instrument. Therefore, the provisions of Council Regulation (EC) No 337/2000 of 14 February 2000 concerning a flight ban and a freeze of funds and other financial resources in respect of the Taliban of Afghanistan(2), should be incorporated in this Regulation, and that Regulation should be repealed,
HAS ADOPTED THIS REGULATION:
Article 1
For the purpose of this Regulation:
1. "Taliban" means: the Afghan faction which also calls itself the Islamic Emirate of Afghanistan;
2. "Taliban Sanctions Committee" means: the Committee established by United Nations Security Council Resolution 1267 (1999);
3. "Taliban-controlled Afghanistan" means: the territory of Afghanistan under Taliban control as designated by the Taliban Sanctions Committee and set out in Annex III;
4. "Funds" means: financial assets and economic benefits of any kind, including, but not necessarily 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, 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; documents evidencing an interest in funds or financial resources, and any other instrument of export-financing;
5. "Freezing of funds" means: preventing any move, transfer, alteration, use of 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 use of the funds, including portfolio management.
Article 2
1. All funds and other financial resources belonging to any natural or legal person, entity or body designated by the Taliban Sanctions Committee and listed in Annex I shall be frozen.
2. No funds or other financial resources shall be made available, directly or indirectly, to or for the benefit of, persons, entities or bodies designated by the Taliban Sanctions Committee and listed in Annex I.
3. Paragraphs 1 and 2 shall not apply to funds and financial resources for which the Taliban Sanctions Committee has granted an exemption. Such exemptions shall be obtained through the competent authorities of the Member States listed in Annex II.
Article 3
1. Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy and to the provisions of Article 284 of the Treaty, natural and legal persons, entities and bodies shall:
(a) provide immediately any information which would facilitate compliance with this Regulation, such as accounts and amounts frozen in accordance with Article 2 and exemptions granted by the Taliban Sanctions Committee:
- to the competent authorities of the Member States listed in Annex II where they are resident or located, and
- directly or through the competent authorities to the Commission,
(b) cooperate with the competent authorities listed in Annex II in any verification of this information.
2. Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received.
3. Any information directly received by the Commission shall be made available to the competent authorities of the Member States concerned.
Article 4
It shall be prohibited to sell, supply, export or ship, directly or indirectly, the chemical, acetic anhydride (CN 2915 24 00) to any natural or legal person or any entity or body in Taliban-controlled Afghanistan, or to any person, entity or body for the purpose of any business carried on in, or operated from Taliban-controlled Afghanistan.
Article 5
1. Without prejudice to the powers of Member States in the exercise of their public authority, it shall be prohibited to grant, sell, supply or transfer, directly or indirectly, technical advice, assistance or training related to the military activities of armed personnel under the control of the Taliban, to any natural or legal person or any entity or body in Taliban-controlled Afghanistan, or to any person, entity or body for the purpose of any business carried on in, or operated from Taliban-controlled Afghanistan.
2. The prohibition set out in paragraph 1 shall not apply in cases where the Taliban Sanctions Committee has granted an exemption in advance. Such exemptions shall be contained through the competent authorities of the Member States listed in Annex II.
Article 6
1. It shall be prohibited to take off from, land in or fly over the territory of the Community for any aircraft, wherever registered, if that aircraft has taken off from, or is destined to land at, any of the points of entry and landing areas in Taliban-controlled Afghanistan as designated by the Taliban Sanctions Committee and listed in Annex IV.
2. The prohibition in paragraph 1 shall not apply to:
- flights for which the Taliban Sanctions Committee has granted an exemption prior to the execution of the flight concerned. Such exemptions shall be obtained through the competent authorities of the Member States listed in Annex II;
- aircraft executing humanitarian flights operated by, or on behalf of, those organisations and agencies as designated by the Taliban Sanctions Committee and listed in Annex VI.
The organisation or agency responsible for such humanitarian flights, shall notify in advance the relevant competent authority or authorities listed in Annex II of the details of each aircraft and its flight schedule.
3. Notwithstanding paragraph 2, the take-off or landing in the territory of the Community shall be prohibited for any aircraft as designated by the Taliban Sanctions Committee and listed in Annex V, except where the Taliban Sanctions Committee has granted an exemption. Such exemptions shall be obtained through the competent authorities of the Member States listed in Annex II.
Article 7
All offices representing the interests of the Taliban and all offices, branches and subsidiaries of Ariana Afghan Airlines, which is also known as Bakhtar Afghan Airlines, shall be closed.
Article 8
The participation in related activities the object or effect of which it is, directly or indirectly, either to promote the transactions or activities referred to in Articles 2, 4, 5 and 6 or the operation of the establishments referred to in Article 7, or to circumvent the provisions of this Regulation, either through any natural or legal person, entity or body acting as middleman or front company, or by any other means, shall be prohibited.
Article 9
1. No exemptions other than those referred to in Article 2(3), Article 5, Article 6(2) and (3) may be granted.
2. Exemptions granted by the Taliban Sanctions Committee shall apply throughout the Community.
Article 10
1. The Commission shall be empowered
- to establish Annex III on the basis of determinations made by either the United Nations Security Council or the Taliban Sanctions Committee;
- to amend or supplement Annexes I, III, IV, V and VI on the basis of determinations made by either the United Nations Security Council or the Taliban Sanctions Committee;
- to amend Annex II on the basis of information supplied by the Member States.
2. Without prejudice to the rights and obligations of the Member States under the Charter of the United Nations, the Commission shall maintain all necessary contacts with the Taliban Sanctions Committee for the purpose of the effective implementation of this Regulation.
Article 11
The Commission and the Member States shall immediately inform each other of the measures taken under this Regulation and shall supply each other with relevant information at their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgments handed down by national courts.
Article 12
This Regulation shall apply notwithstanding any rights conferred or obligations imposed by any international agreement signed or any contract entered into or any licence or permit granted before the entry into force of this Regulation.
Article 13
1. Each Member State shall determine the sanctions to be imposed where the provisions of this Regulation are infringed. Such sanctions shall be effective, proportionate and dissuasive.
Pending the adoption, where necessary, of any legislation to this end, the sanctions to be imposed where the provisions of this Regulation are infringed, shall be those determined by the Member States in accordance with Article 10 of Regulation (EC) No 337/2000.
2. Each Member State shall be responsible for bringing proceedings against any natural or legal person, entity or body under its jurisdiction, in cases of violation of any of the prohibitions laid down in this Regulation by any such person, entity or body.
Article 14
Regulation (EC) No 337/2000 is hereby repealed and replaced by this Regulation.
Article 15
This Regulation shall apply
- within the territory of the Community, including its airspace,
- on board any aircraft or any vessel under the jurisdiction of a Member State,
- to any person elsewhere who is a national of a Member State, and
- to any legal person, entity or body which is incorporated or constituted under the law of a Member State.
Article 16
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
Articles 4 and 5, shall be applicable as of the date of entry into force of the Commission Regulation establishing Annex III, as provided for in Article 10.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 March 2001.