2013D0798 — EN — 24.06.2014 — 002.001

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Amended by:









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COUNCIL DECISION 2013/798/CFSP

of 23 December 2013

concerning restrictive measures against the Central African Republic







THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 29 thereof, Whereas: (1) On 16 December 2013, the Council expressed its deep concern regarding the situation in the Central African Republic (CAR). (2) On 5 December 2013, the United Nations Security Council adopted Resolution 2127 (2013), which imposes an arms embargo against the Central African Republic (CAR). (3) Further Union action is needed in order to implement certain measures, Whereas: HAS ADOPTED THIS DECISION:







Article 1

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 to the Central African Republic (‘CAR’) 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 provide technical assistance, brokering services and other services, including the provision of armed mercenary personnel, 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, directly or indirectly, to any natural or legal person, entity or body in, or for use in the CAR;

(b) to 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, brokering services and other services, directly or indirectly, to any person, entity or body in, or for use in the CAR;

(c) to 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

1. Article 1 shall not apply to:

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(a) the sale, supply, transfer or export of arms and related materiel, and the provision of related technical assistance or financing and financial assistance, intended solely for the support of or use by the Mission for the Consolidation of Peace in Central African Republic (MICOPAX), African-led International Support Mission to the Central African Republic (MISCA), United Nations Integrated Peacebuilding Office in the Central African Republic (BINUCA) and its guard unit, the African Union-Regional Task Force (AU-RTF), the French forces deployed in the CAR, and the European Union operation in the CAR (EUFOR RCA);

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(b) the sale, supply, transfer or export of protective clothing, including flak jackets and military helmets, temporarily exported to the CAR by United Nations personnel, personnel of the Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;

(c) the sale, supply, transfer or export of small arms and related materiel intended solely for use in international patrols providing security in the Sangha River Tri-national Protected Area to defend against poaching, smuggling of ivory and arms, and other activities contrary to the national laws of CAR or CAR's international legal obligations.

2. Article 1 shall not apply to:

(a) the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance;

(b) the sale, supply, transfer or export of arms and other related lethal equipment to the CAR security forces, intended solely for support of or use in the CAR process of Security Sector Reform (SSR);

(c) the sale, supply, transfer or export of arms and related materiel, and related technical or financial assistance, including personnel;

as approved in advance by the Committee established pursuant to paragraph 57 of UNSC 2127 (2013).

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Article 2a

1. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons designated by the Committee established pursuant to paragraph 57 of UNSCR 2127 (2013) (‘the Committee’) as persons engaging in or providing support for acts that undermine the peace, stability or security of the CAR, including acts that threaten or violate transitional agreements, or that threaten or impede the political transition process, including a transition towards free and fair democratic elections, or that fuel violence, including persons:

(a) acting in violation of the arms embargo established in paragraph 54 of UNSCR 2127 (2013) and Article 1 of this Decision, or having directly or indirectly supplied, sold, or transferred to armed groups or criminal networks in the CAR, or having been the recipient of arms or any related materiel, or any technical advice, training, or assistance, including financing and financial assistance, related to violent activities of armed groups or criminal networks in the CAR;

(b) involved in planning, directing, or committing acts that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, in the CAR, including acts involving sexual violence, targeting of civilians, ethnic- or religious-based attacks, attacks on schools and hospitals, and abduction and forced displacement;

(c) recruiting or using children in armed conflict in the CAR, in violation of applicable international law;

(d) providing support for armed groups or criminal networks through the illicit exploitation of natural resources, including diamonds and wildlife and wildlife products, in the CAR;

(e) obstructing the delivery of humanitarian assistance to the CAR, or access to, or distribution of, humanitarian assistance in the CAR;

(f) involved in planning, directing, sponsoring, or conducting attacks against UN missions or international security presences, including BINUCA, MISCA, the European Union operation (EUFOR RCA) and the other forces who support them;

(g) who are leaders of, have provided support to, or acted for or on behalf of or at the direction of, an entity designated by the Committee;

as listed in the Annex to this Decision.

2. Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.

3. Paragraph 1 shall not apply where entry or transit is necessary for the fulfilment of a judicial process.

4. Paragraph 1 shall not apply where the Committee determines, on a case-by-case basis, that:

(a) travel is justified on the grounds of humanitarian need, including religious obligation;

(b) an exemption would further the objectives of peace and national reconciliation in the CAR and regional stability.

5. In cases where, pursuant to paragraph 3 or 4, a Member State authorises the entry into, or transit through, its territory of a person listed in the Annex, the authorisation shall be limited to the purpose for which it was granted and to the person concerned thereby.

Article 2b

1. All funds and economic resources owned or controlled directly or indirectly by the persons or entities designated by the Committee as engaging in or providing support for acts that undermine the peace, stability or security of the CAR, including acts that threaten or violate transitional agreements, or that threaten or impede the political transition process, including a transition towards free and fair democratic elections, or that fuel violence, including persons and entities:

(a) acting in violation of the arms embargo established in paragraph 54 of UNSCR 2127 (2013) and Article 1 of this Decision, or having directly or indirectly supplied, sold, or transferred to armed groups or criminal networks in the CAR, or having been the recipient of arms or any related materiel, or any technical advice, training, or assistance, including financing and financial assistance, related to violent activities of armed groups or criminal networks in the CAR;

(b) involved in planning, directing, or committing acts that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, in the CAR, including acts involving sexual violence, targeting of civilians, ethnic- or religious-based attacks, attacks on schools and hospitals, and abduction and forced displacement;

(c) recruiting or using children in armed conflict in the CAR, in violation of applicable international law;

(d) providing support for armed groups or criminal networks through the illicit exploitation of natural resources, including diamonds and wildlife and wildlife products, in the CAR;

(e) obstructing the delivery of humanitarian assistance to the CAR, or access to, or distribution of, humanitarian assistance in the CAR;

(f) involved in planning, directing, sponsoring, or conducting attacks against UN missions or international security presences, including BINUCA, MISCA, the European Union operation (EUFOR RCA) and the other forces who support them;

(g) who are leaders of, have provided support to, or acted for or on behalf of or at the direction of, an entity designated by the Committee;

or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them, shall be frozen.

The persons and entities referred to in this paragraph are listed in the Annex to this Decision.

2. No funds, financial assets or economic resources shall be made available, directly or indirectly, to or for the benefit of any person or entity referred to in paragraph 1.

3. A Member State may allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds and 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 the payment of reasonable professional 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 routine holding or maintenance of frozen funds, other financial assets and economic resources;

after notification by the Member State concerned to the Committee of the intention to authorise, where appropriate, access to such funds and economic resources, and in the absence of a negative decision by the Committee within five working days of such notification.

4. A Member State may also allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds and economic resources which are:

(a) necessary for extraordinary expenses, after notification by the Member State concerned to the Committee and approval by the latter;

(b) the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered into prior to 28 January 2014, and is not for the benefit of a person or entity referred to in this Article, after notification by the Member State concerned to the Committee.

5. Paragraph 1 shall not prevent a designated person or entity from making 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 and after notification by the relevant Member State to the Committee of the intention to make or receive such payments or to authorise, where appropriate, the unfreezing of funds or economic resources for this purpose, 10 working days prior to such authorisation.

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 that arose prior to the date on which those accounts became subject to restrictive measures under this Decision;

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

Article 2c

The Council shall establish the list in the Annex and shall amend it in accordance with determinations made by the United Nations Security Council or by the Committee.

Article 2d

1. Where the United Nations Security Council or the Committee designates a person or entity, the Council shall include that person or entity in the Annex. The Council shall communicate its decision, including the grounds for listing that person or entity, to the person or entity concerned, either directly, if the address is known, or through the publication of a notice, providing that person or entity with an opportunity to present observations.

2. Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person or entity accordingly.

Article 2e

1. The Annex shall include the grounds for listing the persons and entities as provided by the United Nations Security Council or by the Committee.

2. The Annex shall also include, where available, information provided by the United Nations Security Council or by the Committee necessary to identify the persons or entities concerned. With regard to persons, such information may include names including aliases, the date and place of birth, nationality, passport and ID card numbers, gender, address, and function or profession. With regard to entities, such information may include names, the place and date of registration, registration number and place of business. The Annex shall also include the date of designation by the United Nations Security Council or by the Committee.

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Article 3

This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

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ANNEX

List of persons referred to in Article 2a and of persons and entities referred to in Article 2b

A. Persons

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1. FRANÇOIS YANGOUVONDA BOZIZÉ

LAST NAME : BOZIZÉ

FIRST NAME : François Yangouvonda.

ALIAS : Bozize Yangouvonda

DATE OF BIRTH/PLACE OF BIRTH : 14 October 1946/Mouila, Gabon

PASSPORT/IDENTIFYING INFORMATION : Son of Martine Kofio

DESIGNATION/JUSTIFICATION : Engaging in or providing support for acts that undermine the peace, stability or security of the Central African Republic (CAR): Since the coup d'état on 24 March 2013, Bozizé provided financial and material support to militiamen who are working to destabilise the ongoing transition and to bring him back to power. François Bozizé, in liaison with his supporters, encouraged the attack of 5 December 2013 on Bangui. The situation in CAR deteriorated rapidly after the 5 December 2013 attack in Bangui by anti-balaka forces that left over 700 people dead. Since then, he has continued trying to run destabilisation operations and to federate the anti-balaka militias, in order to maintain tensions in the capital of CAR. Bozizé tried to reorganise many elements from the Central African Armed Forces who dispersed into the countryside after the coup d'état. Forces loyal to Bozizé have become involved in reprisal attacks against CAR's Muslim population. Bozizé called on his militia to pursue the atrocities against the current regime and the Islamists.

2. NOURREDINE ADAM

LAST NAME : ADAM

FIRST NAME : Nourredine

ALIAS : Nourredine Adam; Nureldine Adam; Nourreldine Adam; Nourreddine Adam

DATE OF BIRTH/PLACE OF BIRTH : 1970/Ndele, CAR

Alternate dates of birth : 1969, 1971

PASSPORT/IDENTIFYING INFORMATION :

DESIGNATION/JUSTIFICATION :

Engaging in or providing support for acts that undermine the peace, stability or security of CAR: Noureddine is one of the original leaders of the Séléka. He has been identified as both a General and the President of one of the armed rebel groups of the Séléka, the Central PJCC, a group formally known as the Convention of Patriots for Justice and Peace and whose acronym is also acknowledged as CPJP. As former head of the ‘Fundamental’ splinter group of the Convention of Patriots for Justice and Peace (CPJP/F), he was the military coordinator of the ex-Séléka during offensives in the former rebellion in the Central African Republic between early December 2012 and March 2013. Without Noureddine's involvement, the Séléka would likely have been unable to wrest power from former CAR President François Bozizé. Since the appointment as interim president of Catherine Samba-Panza on 20 January 2014, he was one of the main architects of the ex-Séléka's tactical withdrawal in Sibut with the aim of implementing his plan to create a Muslim stronghold in the north of the country. He had clearly urged his forces to resist the injunctions of the transitional government and of the military leaders of the African-led International Support Mission in the Central African Republic (MISCA). Noureddine actively directs ex-Séléka, the former Séléka forces that were dissolved by Djotodia in September 2013, and directs operations against Christian neighbourhoods and continues to provide significant support and direction to the ex-Séléka operating in CAR.

Involved in planning, directing, or committing acts that violate international human rights law or international humanitarian law, as applicable: After the Séléka took control of Bangui on 24 March 2013, Nourredine Adam was appointed Minister for Security, then Director General of the ‘Extraordinary Committee for the Defence of Democratic Achievements’ (Comité extraordinaire de défense des acquis démocratiques — CEDAD, a now-defunct CAR intelligence service). Nourredine Adam used the CEDAD as his personal political police, carrying out many arbitrary arrests, acts of torture and summary executions. In addition, Noureddine was one of the key figures behind the bloody operation in Boy Rabe. In August 2013, Séléka forces stormed Boy Rabe, a CAR neighbourhood regarded as a bastion of François Bozizé supporters and his ethnic group. Under the pretext of looking for arms caches, Séléka troops reportedly killed scores of civilians and went on a rampage of looting. When these raids spread to other quarters, thousands of residents invaded the international airport, which was perceived as a safe place because of the presence of French troops, and occupied its runway.

Providing support for armed groups or criminal networks through illegal exploitation of natural resources: In early 2013, Nourredine Adam played an important role in the ex-Séléka's financing networks. He travelled to Saudi Arabia, Qatar and the United Arab Emirates to collect funds for the former rebellion. He also operated as a facilitator for a Chadian diamond-trafficking ring operating between the Central African Republic and Chad.

3. LEVY YAKETE

LAST NAME : YAKETE

FIRST NAME : Levy

ALIAS : Levi Yakite; Levy Yakite

DATE OF BIRTH/PLACE OF BIRTH : 14 August 1964/Bangui, CAR

Alternate date of birth : 1965

PASSPORT/IDENTIFYING INFORMATION : Son of Pierre Yakété and Joséphine Yamazon.

DESIGNATION/JUSTIFICATION : Engaging in or providing support for acts that undermine the peace, stability or security of CAR: On 17 December 2013, Yakete became the political coordinator of the newly formed People's Resistance Movement for Reforming of the Central African Republic anti-balaka rebel group. He has been directly involved in decisions of a rebel group that has been involved in acts that have undermined peace, stability and security in the CAR, in particular on and since 5 December 2013. In addition, this group has been explicitly singled out by UNSC Resolutions 2127, 2134 and 2149 for such acts. Yakete has been accused of ordering the arrest of people connected to the Séléka, calling for attacks on people who do not support President Bozizé, and recruiting young militiamen to attack those hostile to the regime with machetes. Having remained in the entourage of François Bozizé after March 2013, he joined the Front for the Return to Constitutional Order in CAR (Front pour le Retour à l'Ordre Constitutionnel en CentrAfrique — FROCCA), which aimed to return the deposed president to power by whatever means necessary. In late summer 2013, he travelled to Cameroon and Benin, where he attempted to recruit people to fight against the Séléka. In September 2013, he tried to regain control over operations led by pro-Bozizé fighters in towns and villages near to Bossangoa. Yakete is also suspected of promoting the distribution of machetes to young unemployed Christians to facilitate their attacks on Muslims.

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B. Entities