2002R0310 — EN — 09.07.2002 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EC)No310/2002
of18February2002
concerningcertain restrictive measuresinrespect ofZimbabwe
(OJ L 50, 21.2.2002, p. 4)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1224/2002 of 8 July 2002 L 179 10 9.7.2002
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COUNCILREGULATION(EC)No310/2002
of18February2002
concerningcertain restrictive measuresinrespect ofZimbabwe
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 2002/145/CFSP of 18
February 2002 concerning restrictive measures against Zimbabwe(1),
Having regard to the proposal from the Commission,
Whereas:
(1)The Council has expressed serious concern about the situation in
Zimbabwe, in particular the recent escalation of violence andintimidation of political opponents and the harassment of the
independent press. It has noted that the Government of
Zimbabwe has not taken effective measures to improve the situa-tion as called for by the European Council in Laeken lastDecember.
(2)The Council has assessed that the Government of Zimbabwecontinues to engage in serious violations of human rights andof the freedom of opinion, of association and of peacefulassembly. Therefore, for as long as the violations occur, theCouncil deems it necessary to introduce restrictive measures
against the government of Zimbabwe and those who bear a
wide responsibility for suchviolations.
(3)Therefore, Common Position 2002/145/CFSP provides that
certain restrictive measures will be taken in respect of
Zimbabwe, in particular the freezing of funds, financial assetsor economic resources of individual members of the Governmentand natural or legal persons associated withth em as well as aban on exports on repression equipment and a ban on technicaladvice, assistance or training related to military activities.
(4)These measures fall under the scope of the Treaty and, therefore,notably witha view to avoiding distortion of competition,Community legislation is necessary to implement the said
measures as far as the territory of the Community is concerned.
For the purpose of this Regulation, the territory of the Commu-nity is deemed to encompass the territories of the Member Statesto which the Treaty is applicable, under the conditions laid downin that Treaty,
HAS ADOPTED THIS REGULATION:
Article 1
For the purpose of this Regulation:1. ‘Funds, other financial assets or economic resources’ means assets
of every kind, whether tangible or intangible, movable or immo-
vable, however acquired, and legal documents or instruments inany form, including electronic or digital, evidencing title to, orinterest in, suchassets, including, but not limited to, bank credits,travellers' cheques, bank cheques, money orders, shares, securities,bonds, drafts and letters of credit;
2. ‘freezing of funds, other financial assets or economic resources’
means: preventing any move, transfer, alteration, use of or dealingwith funds in any way that would result in any change in theirvolume, amount, location, ownership, possession, character, destina-2002R0310 — EN — 09.07.2002 — 001.001 — 2
(1) See page 1 of this Official Journal.
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tion or other change that would enable the use of the funds,
including portfolio management.
Article 2
1. All funds, other financial assets or economic resources belonging
to individual members of the Government of Zimbabwe and to any
natural or legal persons, entities or bodies associated withth em as
listed in Annex I, shall be frozen.
2. No funds, financial assets or economic resources shall be made
available directly or indirectly to or for the benefit of natural or legalpersons, entities or bodies listed in Annex I.
Article 3
1. Without prejudice to the applicable rules concerning reporting,
confidentiality and professional secrecy and to the provisions of Article284 of the Treaty, natural and legal persons, entities and bodies shall:
(a) provide immediately any information which would facilitate
compliance withth is Regulation, suchas accounts and amounts
frozen in accordance with Article 2 to the competent authorities of
the Member States listed in Annex III where they are resident orlocated, and to the Commission.
In particular, available information in respect of funds, financial
assets or economic resources owned or controlled by persons listed
in Annex I during the period of six months before the entry intoforce of this Regulation shall be provided;
(b) cooperate with the competent authorities listed in Annex III in any
verification of this information.
2. Any information provided or received in accordance withth is
Article shall be used only for the purposes for which it was providedor received.
3. Any additional information directly received by the Commission
shall be made available to the competent authorities of the MemberStates concerned.
Article 4
Article 2 shall not apply to:
(a) the crediting of frozen accounts on the condition that any additions
shall be frozen;
(b) the use of frozen funds for:
— essential human needs of a natural person included in Annex I
suchas payments for foodstuffs, medicines, th e rent or mort-gage for the family residence and fees and charges concerning
medical treatment of members of that family, to be fulfilled
within the Community;
— payment of taxes, compulsory insurance premiums and fees for
public utility services suchas gas, water, electricity and tele-communications to be paid in the Community;
— payment of charges due to a financial institution in the Commu-
nity for the maintenance of accounts.
The Commission shall be informed of any payment made under this
Article and of conclusive evidence of the fulfilment of the conditionsand the purposes. Such evidence shall be kept available for at leastfive years for inspection by competent authorities.
Article 5
1. Notwithstanding the provisions of Article 2 and with a view to
the protection of the interests of the Community, which include the2002R0310 — EN — 09.07.2002 — 001.001 — 3
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interests of its citizens and residents, the competent authorities of a
Member State may grant specific authorisations:
— to unfreeze funds, other financial assets or other economic
resources,
— to make funds, other financial assets or other economic resources
available to a person, entity or body included in the list referred toin Article 2(2),
after consultation with the other Member States and the Commission in
accordance withparagraph2.
2. A competent authority which receives a request for an authorisa-
tion referred to in paragraph 1 shall notify the competent authorities ofthe other Member States and the Commission, as listed in Annex III, ofthe grounds on which it intends to either reject the request or grant aspecific authorisation.
The competent authority which intends to grant a specific authorisation
shall take due account of comments made within two weeks by other
Member States and the Commission.
Article 6
Without prejudice to the powers of the Member States in the exercise
of their public authority, the provision to Zimbabwe of technicaltraining or assistance related to the provision, manufacture, mainte-nance or use of arms and related material of all types, includingweapons and ammunition, military vehicles and equipment, paramili-
tary equipment, and spare parts for the aforementioned shall be
prohibited.
Article 7
1. It shall be prohibited, knowingly and intentionally, to sell, supply,
export or ship, directly or indirectly, equipment which might be usedfor internal repression as listed in Annex II to any natural or legalperson, entity or body in Zimbabwe or for the purpose of any businesscarried on in or operated from the territory of Zimbabwe.
2. Paragraph 1 shall not apply to supplies of non-lethal military
equipment intended solely for humanitarian or protective use, andrelated technical assistance or training, nor shall they apply to protec-tive clothing, including flak jackets and military helmets, temporarilyexported to Zimbabwe by United Nations personnel, representatives ofthe media and humanitarian and development workers and associated
personnel for their personal use only.
Article 8
The Commission shall be empowered to amend:
— Annex I on the basis of decisions in respect of the Annex of
Common Position 2002/145/CFSP, and
— Annex III on the basis of information supplied by the Member
States.
Article 9
The participation, knowingly and intentionally, in related activities the
object or effect of which is, directly or indirectly to promote the trans-
actions or activities referred to in Articles 2, 6 and 7 or to circumvent
the provisions of this Regulation shall be prohibited.
Article 10
The Commission and the Member States shall immediately inform each
other of the measures taken under this Regulation and shall supply eachother with relevant information at their disposal in connection with thisRegulation, in particular information in respect of violation and enfor-cement problems and judgements handed down by national courts.2002R0310 — EN — 09.07.2002 — 001.001 — 4
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Article 11
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.
Article 12
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 consti-
tuted under the law of a Member State.
Article 13
This Regulation shall enter into force on the day of its publication in
theOfficial Journal of the European Communities .
This Regulation shall apply for a renewable 12 months' period after
that date.
It shall be kept under constant review.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2002R0310 — EN — 09.07.2002 — 001.001 — 5
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ANNEX I
Listofpersons,entitiesandbodiesreferred toinArticle 2
1. MUGABE Robert Gabriel President, born 21.2.1924, Kutama
2. UTETE Charles Cabinet Secretary, born 30.10.1938
3. MNANGAGWA Emmerson Parliamentary Speaker, born 15.9.1946
4. NKOMO John Home Affairs Minister, born 22.8.19345. GOCHE Nicholas Security Minister, born 1.8.1946
6. MANYIKA Elliot YouthMinister, born 30.7.1955
7. MOYO Jonathan Information Minister, born 12.1.19578. CHARAMBA George Information Minister's Permanent Secretary and Spokesman
9. CHINAMASA Patrick Justice Minister, born 25.1.1947
10. MADE JosephAgricultural Minister, born 21.11.195411. CHOMBO Ignatius Local Govt Minister, born 1.8.1952
12. MUDENGE Stan Foreign Minister, born 17.12.1941, Zimutu Reserve
13. CHIWEWE Willard Ministry of Foreign Affairs Senior Secretary, born
19.3.1949
14. ZVINAVASHE Vitalis General (CDS), born 194315. CHIWENGA Constantine Lt Gen (Army), born 25.8.1956
16. SHIRI Perence Air Marshal (Air Force), born 1.11.1955
17. CHIHURI Augustine Commissioner (Police), born 10.3.195318. MUZONZINI Elisha Brig. (Intelligence), born 24.6.1957
19. ZIMONTE Paradzai Prisons chief
20. SEKERAMAYI Sidney Defence Minister, born 30.3.19442002R0310 — EN — 09.07.2002 — 001.001 — 6
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ANNEX II
EquipmentforinternalrepressionenvisagedbyArticle 7
The list below does not comprise the articles that have been specially designed
or modified for military use and that are covered by the arms embargo
confirmed by Common Position 2002/145/CFSP.
Helmets providing ballistic protection, anti-riot helmets, anti-riot shields and
ballistic shields and specially designed components therefor.
Specially designed fingerprint equipment.
Power controlled searchlights.
Construction equipment provided withballistic protection.
Hunting knives.
Specially designed production equipment to make shotguns.
Ammunition hand-loading equipment.
Communications intercept devices.
Solid-state optical detectors.
Image-intensifier tubes.Telescopic weapon sights.
Smooth-bore weapons and related ammunition, other than those specially
designed for military use, and specially designed components therefor; except:
1. signal pistols;
2. air- and cartridge-powered guns designed as industrial tools or humane
animal stunners.
Simulators for training in the use of firearms and specially designed or modified
components and accessories therefor.
Bombs and grenades, other than those specially designed for military use, and
specially designed components therefor.
Body armour, other than those manufactured to military standards or specifica-
tions, and specially designed components therefor.
All-wheel-drive utility vehicles capable of off-road use that have been manufac-
tured or fitted withballistic protection, and profiled armour for suchveh icles.
Water cannon and specially designed or modified components therefor.
Vehicles equipped with a water cannon.Vehicles specially designed or modified to be electrified to repel borders and
components therefor specially designed or modified for that purpose.
Acoustic devices represented by the manufacturer or supplier as suitable for riot-
control purposes, and specially designed components therefor.
Leg-irons, gang-chains, shackles and electric-shock belts, specially designed for
restraining human beings; except:
— handcuffs for which the maximum overall dimension including chain does
not exceed 240 mm when locked.
Portable devices designed or modified for the purpose of riot control or self-
protection by the administration of an incapacitating substance (such as tear
gas or pepper sprays), and specially designed components therefor.
Portable devices designed or modified for the purpose of riot control or self-
protection by the administration of an electric shock (including electric-shocks
batons, electric shock shields, stun guns and electric shock dart guns (tasers))
and components therefor specially designed or modified for that purpose.
Electronic equipment capable of detecting concealed explosives and specially
designed components therefor; except:
— TV or X-ray inspection equipment.
Electronic jamming equipment specially designed to prevent the detonation by
radio remote control of improvised devices and specially designed components
therefor.
Equipment and devices specially designed to initiate explosions by electrical or
non-electrical means, including firing sets, detonators, igniters, boosters and
detonating cord, and specially designed components therefor; except:
— those specially designed for a specific commercial use consisting of the
actuation or operation by explosive means of other equipment or devices
the function of which is not the creation of explosions (e.g., car air-bag
inflaters, electric-surge arresters of fire sprinkler actuators).2002R0310 — EN — 09.07.2002 — 001.001 — 7
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Equipment and devices designed for explosive ordnance disposal; except:
1. bomb blankets;
2. containers designed for folding objects known to be, or suspected of being
improvised explosive devices.
Night vision and thermal imaging equipment and image intensifier tubes or solid
state sensors therefor.
Software specially designed and technology required for all listed items.Linear cutting explosive charges.
Explosives and related substances as follows:
— amatol,
— nitrocellulose (containing more than 12,5 % nitrogen),— nitroglycol,— pentaerythritol tetranitrate (PETN),— picryl chloride,
— tinitorphenylmethylnitramine (tetryl),
— 2,4,6-trinitrotoluene (TNT)
Software specially designed and technology required for all listed items.2002R0310 — EN — 09.07.2002 — 001.001 — 8
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ANNEX III
Listofcompetentauthoritiesreferred toinArticle3(1)andArticle 5
BELGIUM
Ministère des affaires économiques
Administration des relations économiquesServices LicencesRue Général Leman 60B-1040 BruxellesTel (32)22 06 58 11Fax (32)22 30 83 22
Ministère des finances
TrésorerieAvenue des Arts 30B-1040 BruxellesFax (32-2) 233 7518Tel (32-2) 233 81 11
DENMARK
Erhvervs- og Boligstyrelsen
Dahlerups PakhusLangelinie Alle 17DK-2100 København ØTel. (45) 35 46 60 00Fax (45) 35 46 60 01
GERMANY
Deutsche Bundesbank
Postfach100602D-60006 Frankfurt/MainTel. (00-49-69) 95 66-01Fax (00-49-69) 560 10 71
GREECE
—For Capitals
Ministry of National Economy
General Directorate of Economic Policy5-7 Nikis str.GR-101 80 AthensTel. (00-30-10) 333 27 81-2Fax (00-30-10) 333 28 10, 333 27 93
Yπουργείο Εθνική sΟικονοµία s
Γενική ∆ιεύθυνση Οικονοµική sΠολιτική s
Νίκηs 5-7
GR-101 80 Αθήνα
Τηλ. (00 -30-10) 333 27 81-2
Φαξ(00-30-10) 333 28 10, 333 27 93
—For Trade sector
Ministry of National Economy
General Directorate for Policy Planning and Implementation1, Kornarou str.GR-105 63 AthensTel. (00-30-10) 333 27 81-2Fax (00-30-10) 333 28 10, 333 27 93
Υπουργείο Εθνικής Οικονοµίας
Γενική ∆ιεύθυνση Σχεδιασµού και ∆ιαχείρισης Πολιτικής
Κορνάρου 1
GR-105 63 Αθήνα
Τηλ. (00 -30-10) 333 27 81-2
Φαξ(00-30-10) 333 28 10, 333 27 932002R0310 — EN — 09.07.2002 — 001.001 — 9
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SPAIN
Dirección General de Comercio e Inversiones
Subdirección General de Inversiones ExterioresMinisterio de EconomíaPaseo de la Castellana, 162
E-28046 Madrid
Tel. (00-34) 91 349 39 83Fax (00-34) 91 349 35 62
Dirección General del Tesoro y Política Financiera
Subdirección General de Inspección y Control de Movimientos de Capitales
Ministerio de Economía
Paseo del Prado, 6E-28014 MadridTel. (00-34) 91 209 95 11Fax (00-34) 91 209 96 56
FRANCE
Ministère de l'économie, des finances et de l'industrie
Direction du TrésorService des affaires européennes et internationales
Sous-direction E
139, rue du BercyF-75572 Paris Cedex 12Tel. (33-1) 44 87 17 17Fax (33-1) 53 18 36 15
IRELAND
Central Bank of Ireland
Financial Markets DepartmentPO Box 559
Dame Street
Dublin 2Tel. (353-1) 671 66 66
Department of Foreign Affairs
Bilateral Economic Relations Division
76-78 Harcourt Street
Dublin 2Tel. (353-1) 408 24 92
ITALY
—Competent Authorities for exceptions on assets freeze
Ministero dell'Economia e delle Finanze
Comitato di sicurezza finanziaria
Via XX Settembre 97
I-00187 Romacsf@tesoro.itTel. + 39 06 4 761 39 21Fax + 39 06 4 761 39 32
—Competent Authorities for exceptions on visa ban
Ministero degli Affari Esteri
Piazzale della Farnesina, 1
I-00100 RomaDirezione Generale per gli Italiani all'estero e le Politiche MigratorieUff. VI (cons. Amb. Carlo Colombo)Tel. 00 39 06 3691 35 00Fax 00 39 06 3691 85 42-2261
LUXEMBOURG
Ministère des affaires étrangères, du commerce extérieur, de la coopération, de
l'action humanitaire et de la défense
Direction des relations économiques internationalesBP 1602L-1016 LuxembourgTel. (352) 478-1 or 478-2350
Fax (352) 22 20 48
Ministère des Finances
3, rue de la CongrégationL-1352 LuxembourgTel. (352) 478-2712
Fax (352) 47 52 412002R0310 — EN — 09.07.2002 — 001.001 — 10
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NETHERLANDS
Ministerie van Financiën
Directie Wetgeving, Juridische en Bestuurlijke Zaken
Postbus 202012500 EE Den Haag
NederlandTel. (31-70) 342 82 27Fax (31-70) 342 79 05
AUSTRIA
Österreichische Nationalbank
Otto-Wagner-Platz 3A-1090 WienTel. (43 1) 404 20-0Fax (43 1) 404 20 —73 99
Bundesministerium für Inneres
BundeskriminalamtJosef-Holaubek-Platz 1
A-1090 Wien
Tel (43 1) 313 45-0Fax: (43 1) 313 45-852 90
PORTUGAL
Ministério das Finanças
Direcção Geral dos Assuntos Europeus e Relações Internacionais
Avenida Infante D. Henrique, n.
o1, C 2.o
P-1100 LisboaTel. (351-1) 882 32 40/47
Fax (351-1) 882 32 49
Ministério dos Negócios Estrangeiros
Direcção Geral dos Assuntos Multilaterias/Direcção dos Serviços das Organi-
zações Políticas Internacionais
Largo do RilvasP-1350-179 LisboaTel. (351 21) 394 60 72
Fax (351 21) 394 60 73
FINLAND
Ulkoasiainministeriö/Utrikesministeriet
PL 176SF-00161 HelsinkiTel. (358-9) 13 41 51
Fax (358-9) 13 41 57 07 and (358-9) 62 98 40
SWEDEN
—Articles 3 and 5
Finansinspektionen
Box 7831
S-103 98 StockholmTel. 08-787 80 00Fax 08-24 13 35
—Article 4
Riksförsäkringsverket (RFV)
S-103 51 StockholmTel. 08-786 90 00Fax 08-411 27 89
UNITED KINGDOM
HM Treasury
International Financial Services Team19 Allington TowersLondon SW1E 5EB
United Kingdom
Tel: (44-207) 270 55 50Fax: (44-207) 270 43 65
Bank of England
Financial Sanctions Unit2002R0310 — EN — 09.07.2002 — 001.001 — 11
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Threadneedle Street
London EC2R 8AH
United Kingdom
Tel. (44-207) 601 46 07
Fax (44-207) 601 43 09
Gibraltar:
Financial Services Commission
PO Box 940
Suite 943
Europort
Gibraltar
Telephone (+350) 40283
Fax (+350) 40282
EUROPEAN COMMUNITY
Commission of the European Communities
Directorate-General for External Relations
Directorate CFSP
Unit A.2/Mr A. de Vries
Rue de la Loi/Wetstraat 200
B-1049 Bruxelles/Brussel
Tel. (32-2) 295 68 80
Fax (32-2) 296 75 63
E-mail: anthonius.de-vries@cec.eu.int2002R0310 — EN — 09.07.2002 — 001.001 — 12
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