2004E0161 — EN — 29.07.2005 — 001.001

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

►B COUNCIL COMMON POSITION 2004/161/CFSP of 19 February 2004 renewing restrictive measures against Zimbabwe (OJ L 050, 20.2.2004, p.66)

Amended by:









▼B

COUNCIL COMMON POSITION 2004/161/CFSP

of 19 February 2004

renewing restrictive measures against Zimbabwe







THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 15 thereof, Whereas: (1) Pursuant to Common Position 2002/145/CFSP ( 1 ) the Council imposed a prohibition on the supply of arms and related materiel, on the provision of related technical training or assistance and on the supply of equipment that might be used for internal repression to Zimbabwe. (2) Pursuant to Common Position 2002/145/CFSP the Council also imposed a travel ban and a freezing of funds on the Government of Zimbabwe and persons who bear a wide responsibility for serious violations of human rights and of the freedom of opinion, of association and of peaceful assembly. (3) Common Position 2002/145/CFSP was amended by Common Position 2002/600/CFSP ( 2 ) by extending these restrictive measures to further persons who bear a wide responsibility for such violations. (4) The list of persons subject to the restrictive measures annexed to Common Position 2002/145/CFSP was updated and replaced by Council Decision 2002/754/CFSP ( 3 ) following a government reshuffle in Zimbabwe. (5) Common Position 2002/145/CFSP was further amended and extended by Common Position 2003/115/CFSP ( 4 ), which expires on 20 February 2004. (6) In view of the continued deterioration in the human rights situation in Zimbabwe, the restrictive measures adopted by the European Union should be renewed for a further 12 months. (7) The objective of these restrictive measures is to encourage the persons targeted to reject policies that lead to the suppression of human rights, of the freedom of expression and of good governance. (8) The list of persons subject to restrictive measures annexed to Common Position 2002/145/CFSP, as amended and replaced, should be updated. (9) Action by the Community is needed in order to implement certain measures, Whereas: HAS ADOPTED THIS COMMON POSITION:







Article 1

For the purposes of this Common Position, the term ‘technical assistance’ shall mean 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; technical assistance includes verbal forms of assistance.

Article 2

1. The sale, supply, transfer or export of arms and related materiel 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 Zimbabwe 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:

(a) to grant, sell, supply or transfer technical assistance, brokering services and other 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 for the aforementioned, as well as equipment which might be used for internal repression, directly or indirectly to any person, entity or body in or for use in Zimbabwe;

(b) to provide financing or financial assistance related to military activities, including, in particular, grants, loans and export credit insurance, for any sale, supply, transfer or export of arms and related materiel, as well as equipment which might be used for internal repression, directly or indirectly to any person, entity or body in or for use in Zimbabwe.

Article 3

1. Article 2 shall not apply to:

(a) 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 UN, the EU and the Community, or of materiel intended for EU and UN crisis-management operations;

(b) the provision of financing and financial assistance related to such equipment;

(c) the provision of technical assistance related to such equipment,

on condition that such exports have been approved in advance by the relevant competent authority.

2. Article 2 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Zimbabwe by United Nations personnel, personnel of the EU, the Community or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.

Article 4

1. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the natural persons listed in the Annex, who are engaged in activities that seriously undermine democracy, respect for human rights and the rule of law in Zimbabwe.

2. Paragraph 1 will 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 of an international intergovernmental organisation;

(b) as a host country to an international conference convened by, or under the auspices of, the United Nations; or

(c) under a multilateral agreement conferring privileges and immunities.

The Council shall be duly informed in each of these cases.

4. Paragraph 3 shall be considered as applying also in cases where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE).

5. Member States may grant exemptions from the measures imposed in 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 European Union, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in Zimbabwe.

6. A Member State wishing to grant exemptions referred to in paragraph 5 shall notify the Council in writing. The exemption will be deemed to be granted unless one or more of the Council Members raises an objection in writing within 48 hours of receiving notification of the proposed exemption. In the event that one or more of the Council members raises an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.

7. In cases where, pursuant to paragraphs 3, 4, 5 and 6, a Member State authorises the entry into, or transit through, its 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 thereby.

Article 5

1. All funds and economic resources belonging to individual members of the Government of Zimbabwe and to any natural or legal persons, entities or bodies 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, entities or bodies listed in the Annex.

3. Exemptions may be made for funds or economic resources which are:

(a) necessary for basic expenses, 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 and 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;

(d) necessary for extraordinary expenses.

4. 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 restrictive measures,

provided that any such interest, other earnings and payments continue to be subject to paragraph 1.

Article 6

The Council, acting upon a proposal by a Member State or the Commission, shall adopt modifications of the list contained in the Annex as required by political developments in Zimbabwe.

Article 7

In order to maximise the impact of the abovementioned measures, the European Union shall encourage third States to adopt restrictive measures similar to those contained in this Common Position.

Article 8

This Common Position shall take effect on the date of its adoption.

It shall apply as from 21 February 2004.

Article 9

This Common Position shall apply for a 12-month period. 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 10

This Common Position shall be published in the Official Journal of the European Union.









ANNEX

List of persons referred to in Articles 4 and 5

▼M2

Mugabe, Robert Gabriel President, born 21.2.1924

Bonyongwe, Happyton Director-General Central Intelligence Organisation, born 6.11.1960

Buka (a.k.a. Bhuka), Flora Minister for Special Affairs responsible for Land and Resettlement Programmes (Former Minister of State in the Vice-President's Office and former Minister of State for the Land Reform Programme in the President's Office), born 25.2.1968

Bvudzijena, Wayne Assistant Police Commissioner, Police Spokesman

Chapfika, David Deputy Minister of Finance (former Deputy Minister of Finance and Economic Development), born 7.4.1957

Charamba, George Permanent Secretary Department for Information and Publicity, born 4.4.1963

Charumbira, Fortune Zefanaya Former Deputy Minister for Local Government, Public Works and National Housing, born 10.6.1962

Chigudu, Tinaye Provincial Governor: Manicaland

Chigwedere, Aeneas Soko Minister of Education, Sports and Culture, born 25.11.1939

Chihota, Phineas Deputy Minister for Industry and International Trade

Chihuri, Augustine Police Commissioner, born 10.3.1953

Chimbudzi, Alice ZANU (PF) Politburo Committee Member

Chimutengwende, Chen Minister of State for Public and Interactive Affairs (former Minister of Post and Telecommunications), born 28.8.1943

Chinamasa, Patrick Anthony Minister of Justice, Legal and Parliamentary Affairs, born 25.1.1947

Chindori-Chininga, Edward Takaruza Former Minister of Mines and Mining Development, born 14.3.1955

Chipanga, Tongesai Shadreck Former Deputy Minister of Home Affairs, born 10.10.1946

Chitepo, Victoria ZANU (PF) Politburo Committee Member, born 27.3.1928

Chiwenga, Constantine Commander Zimbabwe Defence Forces, General (former Army Commander, Lieutenant General), born 25.8.1956

Chiweshe, George Chairman, ZEC (Supreme Court Judge and Chairman of the controversial delimitation committee), born 4.6.1953

Chiwewe, Willard Provincial Governor: Masvingo (former Senior Secretary responsible for Special Affairs in the President's Office), born 19.3.1949

Chombo, Ignatius Morgan Chininya Minister of Local Government, Public Works and National Housing, born 1.8.1952

Dabengwa, Dumiso ZANU (PF) Politburo Senior Committee Member, born 1939

Damasane, Abigail Deputy Minister for Women's Affairs, Gender and Community Development

Goche, Nicholas Tasunungurwa Minister of Public Service, Labour and Social Welfare (former Minister of State for National Security in the President's Office), born 1.8.1946

Gombe, G Chairman, Electoral Supervisory Commission

Gula-Ndebele, Sobuza Former Chairman of Electoral Supervisory Commission

Gumbo, Rugare Eleck Ngidi Minister of Economic Development (former Minister of State for State Enterprises and Parastatals in the President's Office), born 8.3.1940

Hove, Richard ZANU (PF) Politburo Secretary for Economic Affairs, born 1935

Hungwe, Josaya (a.k.a. Josiah) Dunira Former Provincial Governor: Masvingo, born 7.11.1935

Jokonya, Tichaona Minister of Information and Publicity, born 27.12.1938

Kangai, Kumbirai ZANU (PF) Politburo Committee Member, born 17.2.1938

Karimanzira, David Ishemunyoro Godi Provincial Governor: Harare and ZANU (PF) Politburo Secretary for Finance, born 25.5.1947

Kasukuwere, Saviour Deputy Minister for Youth Development & Employment Creation and ZANU (PF) Politburo Deputy-Secretary for Youth Affairs, born 23.10.1970

Kaukonde, Ray Provincial Governor: Mashonaland East, born 4.3.1963

Kuruneri, Christopher Tichaona Former Minister of Finance and Economic Development, born 4.4.1949. NB currently in remand

Langa, Andrew Deputy Minister of Environment and Tourism and former Deputy Minister of Transport and Communications

Lesabe, Thenjiwe V. ZANU (PF) Politburo Secretary for Women's Affairs, born 1933

Machaya, Jason (a.k.a. Jaison) Max Kokerai Former Deputy Minister of Mines and Mining Development, born 13.6.1952

Made, Joseph Mtakwese Minister of Agriculture and Rural Development (former Minister of Lands, Agricultural and Rural Resettlement), born 21.11.1954

Madzongwe, Edna (a.k.a. Edina) ZANU (PF) Politburo Deputy Secretary for Production and Labour, born 11.7.1943

Mahofa, Shuvai Ben Former Deputy Minister for Youth Development, Gender and Employment Creation, born 4.4.1941

Mahoso, Tafataona Chair, Media Information Commission

Makoni, Simbarashe ZANU (PF) Politburo Deputy Secretary General for Economic Affairs (former Minister of Finance), born 22.3.1950

Makwavarara, Sekesai Acting Mayor of Harare (ZANU-PF)

Malinga, Joshua ZANU (PF) Politburo Deputy Secretary for Disabled and Disadvantaged, born 28.4.1944

Mangwana, Paul Munyaradzi Minister of State (former Minister of Public Service, Labour and Social Welfare), born 10.8.1961

Manyika, Elliot Tapfumanei Minister without Portfolio (former Minister of Youth Development, Gender and Employment Creation), born 30.7.1955

Manyonda, Kenneth Vhundukai Former Deputy Minister of Industry and International Trade, born 10.8.1934

Marumahoko, Rueben Deputy Minister for Home Affairs (former Deputy Minister of Energy and Power Development), born 4.4.1948

Masawi, Eprahim Sango Provincial Governor: Mashonaland Central

Masuku, Angeline Provincial Governor: Matabeleland South (ZANU (PF) Politburo Secretary for Disabled and Disadvantaged), born 14.10.1936

Mathema, Cain Provincial Governor: Bulawayo

Mathuthu, Thokozile Provincial Governor: Matabeleland North and ZANU (PF) Politburo Deputy Secretary for Transport and Social Welfare

Matiza, Joel Biggie Deputy Minister for Rural Housing and Social Amenities, born 17.8.1960

Matonga, Brighton Deputy Minister for Information and Publicity, born 1969

Matshalaga, Obert Deputy Minister of Foreign Affairs

Matshiya, Melusi (Mike) Permanent Secretary, Ministry of Home Affairs

Mbiriri, Partson Permanent Secretary, Ministry of Local Government, Public Works and Urban Development

Midzi, Amos Bernard (Mugenva) Minister of Mines and Mining Development (former Minister of Energy and Power Development), born 4.7.1952

Mnangagwa, Emmerson Dambudzo Minister of Rural Housing and Social Amenities (former Speaker of Parliament), born 15.9.1946

Mohadi, Kembo Campbell Dugishi Minister of Home Affairs (former Deputy Minister of Local Government, Public Works and National Housing), born 15.11.1949

Moyo, Jonathan Former Minister of State for Information and Publicity in the President's Office, born 12.1.1957

Moyo, July Gabarari Former Minister of Energy and Power Development (former Minister of Public Service, Labour and Social Welfare), born 7.5.1950

Moyo, Simon Khaya ZANU (PF) Politburo Deputy Secretary for Legal Affairs, born 1945. NB Ambassador to South Africa

Mpofu, Obert Moses Minister for Industry and International Trade (former Provincial Governor: Matabeleland North) (ZANU (PF) Politburo Deputy Secretary for National Security), born 12.10.1951

Msika, Joseph W. Vice-President, born 6.12.1923

Msipa, Cephas George Provincial Governor: Midlands, born 7.7.1931

Muchena, Olivia Nyembesi (a.k.a. Nyembezi) Minister of State for Science and Technology in the President's Office (former Minister of State in Vice-President Msika's Office), born 18.8.1946

Muchinguri, Oppah Chamu Zvipange Minister for Women's Affairs, Gender and Community Development ZANU (PF) Politburo Secretary for Gender and Culture, born 14.12.1958

Mudede, Tobaiwa (Tonneth) Registrar General, born 22.12.1942

Mudenge, Isack Stanilaus Gorerazvo Minister of Higher Tertiary Education (former Minister of Foreign Affairs), born 17.12.1941

Mugabe, Grace Spouse of Robert Gabriel Mugabe, born 23.7.1965

Mugabe, Sabina ZANU (PF) Politburo Senior Committee Member, born 14.10.1934

Muguti, Edwin Deputy Minister for Health and Child Welfare, born 1965

Mujuru, Joyce Teurai Ropa Vice-President (former Minister of Water Resources and Infrastructural Development), born 15.4.1955

Mujuru, Solomon T.R. ZANU (PF) Politburo Senior Committee Member, born 1.5.1949

Mumbengegwi, Samuel Creighton Former Minister of Industry and International Trade, born 23.10.1942

Mumbengegwi, Simbarashe Minister of Foreign Affairs, born 20.7.1945

Murerwa, Herbert Muchemwa Minister of Finance (former Minister of Higher and Tertiary Education), born 31.7.1941

Musariri, Munyaradzi Assistant Police Commissioner

Mushohwe, Christopher Chindoti Minister of Transport and Communications (former Deputy Minister of Transport and Communications), born 6.2.1954

Mutasa, Didymus Noel Edwin Minister for National Security (former Minister of Special Affairs in the President's Office in charge of the Anti-Corruption and Anti-Monopolies Programme and former ZANU (PF) Politburo Secretary for External Relations), born 27.7.1935

Mutezo, Munacho Minister for Water Resources and Infrastructural Development

Mutinhiri, Ambros (a.k.a. Ambrose) Minister of Youth Development, Gender and Employment Creation, Retired Brigadier

Mutiwekuziva, Kenneth Kaparadza Deputy Minister of Small and Medium Enterprises Development and Employment Creation, (former Deputy Minister of Small and Medium Enterprises Development, born 27.5.1948

Muzenda, Tsitsi V. ZANU (PF) Politburo Senior Committee Member, born 28.10.1922

Muzonzini, Elisha Brigadier (former Director-General Central Intelligence Organisation), born 24.6.1957

Ncube, Abedinico Deputy Minister of Public Service, Labour and Social Welfare (former Deputy Minister of Foreign Affairs), born 13.10.1954

Ndlovu, Naison K. ZANU (PF) Politburo Secretary for Production and Labour, born 22.10.1930

Ndlovu, Richard ZANU (PF) Politburo Deputy Commissariat, born 20.6.1942

Ndlovu, Sikhanyiso ZANU (PF) Politburo Deputy Secretary for Commissariat, born 20.9.1949

Nguni, Sylvester Deputy Minister for Agriculture, born 4.8.1955

Nhema, Francis Minister of Environment and Tourism, born 17.4.1959

Nkomo, John Landa Speaker of Parliament (former Minister of Special Affairs in the President's Office), born 22.8.1934

Nyambuya, Michael Reuben Minister for Energy and Power Development (former Lieutenant General, Provincial Governor: Manicaland), born 23.7.1955

Nyanhongo, Magadzire Hubert Deputy Minister of Transport and Communications

Nyathi, George ZANU (PF) Politburo Deputy Secretary of Science and Technology

Nyoni, Sithembiso Gile Glad Minister of Small and Medium Enterprises Development and Employment Creation (former Minister of Small and Medium Enterprises Development), born 20.9.1949

Parirenyatwa, David Pagwese Minister of Health and Child Welfare (former Deputy Minister), born 2.8.1950

Patel, Khantibhal ZANU (PF) Politburo Deputy Secretary for Finance, born 28.10.1928

Pote, Selina M. ZANU (PF) Politburo Deputy Secretary for Gender and Culture

Rusere, Tino Deputy Minister for Mines and Mining Development (former Deputy Minister for Water Resources and Infrastructural Development), born 10.5.1945

Sakabuya, Morris Deputy Minister for Local Government, Public Works and Urban Development

Sakupwanya, Stanley ZANU (PF) Politburo Deputy Secretary for Health and Child Welfare

Samkange, Nelson Tapera Crispen Provincial Governor: Mashonaland West

Sandi ou Sachi, E. (?) ZANU (PF) Politburo Deputy Secretary for Women's Affairs

Savanhu, Tendai ZANU (PF) Deputy Secretary for Transport and Social Welfare, born 21.3.1968

Sekeramayi, Sydney (a.k.a. Sidney) Tigere Minister of Defence, born 30.3.1944

Sekeremayi, Lovemore Chief Elections Officer

Shamu, Webster Minister of State for Policy Implementation (former Minister of State for Policy Implementation in the President's Office), born 6.6.1945

Shamuyarira, Nathan Marwirakuwa ZANU (PF) Politburo Secretary for Information and Publicity, born 29.9.1928

Shiri, Perence Air Marshal (Air Force), born 1.11.1955

Shumba, Isaiah Masvayamwando Deputy Minister of Education, Sports and Culture, born 3.1.1949

Sibanda, Jabulani Former Chair, National War Veterans Association, born 31.12.1970

Sibanda, Misheck Julius Mpande Cabinet Secretary (successor to No.122 Charles Utete), born 3.5.1949

Sibanda, Phillip Valerio (a.k.a. Valentine) Commander Zimbabwe National Army, Lieutenant General, born 25.8.1956

Sikosana, Absolom ZANU (PF) Politburo Secretary for Youth Affairs

Stamps, Timothy Health Advisor in the Office of the President, born 15.10.1936

Tawengwa, Solomon Chirume ZANU (PF) Politburo Deputy Secretary for Finance, born 15.6.1940

Tungamirai, Josiah T. Minister of State for Indigenisation and Empowerment, Retired Air Marshall (former ZANU (PF) Politburo Secretary for Empowerment and Indigenisation), born 8.10.1948

Udenge, Samuel Deputy Minister of Economic Development

Utete, Charles Chairman of the Presidential Land Review Committee (former Cabinet Secretary), born 30.10.1938

Veterai, Edmore Senior Assistant Police Commissioner, Officer Commanding Harare

Zimonte, Paradzai Prisons Director, born 4.3.1947

Zhuwao, Patrick Deputy Minister for Science and Technology (NB Mugabe's nephew)

Zvinavashe, Vitalis Retired General (former Chief of Defence Staff), born 27.9.1943