2010D0656 — EN — 11.07.2012 — 012.001

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

Amended by:









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COUNCIL DECISION 2010/656/CFSP

of 29 October 2010

renewing the restrictive measures against Côte d’Ivoire







THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 29 thereof, Whereas: (1) On 13 December 2004, the Council adopted Common Position 2004/852/CFSP concerning restrictive measures against Côte d’Ivoire ( 1 ) in order to implement the measures imposed against Côte d’Ivoire by United Nations Security Council Resolution (hereinafter ‘UNSCR’) 1572 (2004). (2) On 23 January 2006, the Council adopted Common Position 2006/30/CFSP ( 2 ) renewing the restrictive measures imposed against Côte d’Ivoire for a further period of 12 months and supplementing them with the restrictive measures imposed by point 6 of UNSCR 1643 (2005). (3) Following the renewal of the restrictive measures against Côte d’Ivoire by UNSCR 1842 (2008), on 18 November 2008, the Council adopted Common Position 2008/873/CFSP ( 3 ) further renewing the restrictive measures imposed against Côte d’Ivoire, with effect from 1 November 2008. (4) On 15 October 2010, the United Nations Security Council adopted UNSCR 1946 (2010) which renewed the measures imposed against Côte d’Ivoire by UNSCR 1572 (2004) and point 6 of UNSCR 1643 (2005) until 30 April 2011 and which amended the restrictive measures on arms. (5) The restrictive measures imposed against Côte d’Ivoire should therefore be renewed. In addition to the exemptions to the arms embargo provided for in UNSCR 1946 (2010), it is appropriate to amend the restrictive measures in order to exempt other equipment included autonomously by the Union. (6) Union implementing measures are set out in Council Regulation (EC) No 174/2005 of 31 January 2005 imposing restrictions on the supply of assistance related to military activities to Côte d’Ivoire ( 4 ), Council Regulation (EC) No 560/2005 of 12 April 2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire ( 5 ) and Council Regulation (EC) No 2368/2002 of 20 December 2002 implementing the Kimberley Process certification scheme for the international trade in rough diamonds ( 6 ), Whereas: HAS ADOPTED THIS DECISION:







Article 1

1. The sale, supply, transfer or export of arms and related material 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 Côte d’Ivoire by nationals of Member States or from the territories of Member States or using the flag vessels or aircraft of Member States shall be prohibited, regardless of whether such arms, related material and equipment originate in the territories of the Member States.

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Article 2

Article 1 shall not apply to:

(a) supplies intended solely for the support of or use by the United Nations Operation in Côte d’Ivoire (UNOCI) and the French forces who support them;

(b) the following, as notified in advance to the Committee established by paragraph 14 of UNSCR 1572 (2004) (hereinafter the ‘Sanctions Committee’): (i) supplies of non-lethal military equipment intended solely for humanitarian or protective use, including such equipment intended for Union, UN, African Union and Economic Community of West African States (Ecowas) crisis management operations; (ii) supplies temporarily exported to Côte d’Ivoire to the forces of a State which is taking action, in accordance with international law, solely and directly to facilitate the evacuation of its nationals and those for whom it has consular responsibility in Côte d’Ivoire; (iii) supplies of non-lethal military equipment related to law enforcement intended to enable the Ivorian security forces to use only appropriate and proportionate force while maintaining public order;

(c) supplies of protective clothing, including flak jackets and military helmets, temporarily exported to Côte d’Ivoire 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;

(d) supplies of arms and other related lethal equipment to the Ivorian security forces, intended solely for support of, or use in, the Ivorian process of security sector reform, as approved in advance by the Committee;

(e) supplies of non-lethal equipment capable of being used for internal repression and which is intended solely to enable the Ivorian security forces to use only appropriate and proportionate force while maintaining public order;

(f) supplies of equipment capable of being used for internal repression to the Ivorian security forces, intended solely for support of, or use in, the Ivorian process of security sector reform.

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Article 3

The direct or indirect import of all rough diamonds from Côte d’Ivoire to the Union, whether or not such diamonds originated in Côte d’Ivoire, shall be prohibited in accordance with UNSCR 1643 (2005).

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Article 4

1. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of:

(a) the persons referred to in Annex I and designated by the Sanctions Committee, who constitute a threat to the peace and national reconciliation process in Côte d'Ivoire, in particular those who block the implementation of the Linas-Marcoussis and Accra III Agreements, any other person determined as responsible for serious violations of human rights and international humanitarian law in Côte d'Ivoire on the basis of relevant information, any other person who publicly incites hatred and violence and any other person determined by the Sanctions Committee to be in violation of the measures imposed by paragraph 7 of UNSCR 1572(2004);

(b) the persons referred to in Annex II who are not included in the list in Annex I and who are obstructing the process of peace and national reconciliation, and in particular who are jeopardising the proper outcome of the electoral process.

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

3. Paragraph 1(a) shall not apply where the Sanctions Committee determines that:

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

(b) an exemption would further the objectives of the UNSC Resolutions for peace and national reconciliation in Côte d'Ivoire and stability in the region.

4. Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:

(i) as a host country to an international intergovernmental organisation;

(ii) as a host country to an international conference convened by, or under the auspices of, the UN;

(iii) under a multilateral agreement conferring privileges and immunities; or

(iv) under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy.

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

6. The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraphs 4 or 5.

7. Member States may grant exemptions from the measures imposed under paragraph 1(b) 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, or hosted by a Member State holding the Chairmanship-in-office of the OSCE, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in Côte d'Ivoire.

8. A Member State wishing to grant exemptions referred to in paragraph 7 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the Council members raises an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.

9. In cases where, pursuant to paragraphs 4, 5 and 7, a Member State authorises the entry into, or transit through, its territory of persons listed in Annexes I or II, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.

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Article 5

1. All funds and economic resources owned or controlled directly or indirectly by:

(a) the persons referred to in Annex I designated by the Sanctions Committee and referred to in Article 4(1)(a), or held by entities owned or controlled directly or indirectly by them or by any persons acting on their behalf or at their direction, as designated by the Sanctions Committee;

(b) the persons or entities referred to in Annex II who are not included in the list in Annex I and who are obstructing the process of peace and national reconciliation, and in particular who are jeopardising the proper outcome of the electoral process, or held by entities owned or controlled directly or indirectly by them or by any persons acting on their behalf or at their direction,

shall be frozen.

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

3. Member States 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, in accordance with national laws, for the routine holding or maintenance of frozen funds and economic resources;

(d) necessary for extraordinary expenses;

(e) 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 before designation by the Sanctions Committee or by the Council of the person or entity concerned, and is not for the benefit of a person or entity referred to in this Article.

With regard to persons and entities listed in Annex I:

— the exemptions referred to in points (a), (b) and (c) of the first subparagraph of this paragraph may be made by the Member State concerned after notification to the Sanctions Committee of its intention to authorise, where appropriate and in the absence of a negative decision by the Sanctions Committee within two working days of such notification, access to such funds and economic resources;

— the exemption referred to in point (d) of the first subparagraph of this paragraph may be made by the Member State concerned after notification to the Sanctions Committee and approval by the latter;

— the exemption referred to in point (e) of the first subparagraph of this paragraph may be made by the Member State concerned after notification to the Sanctions Committee.

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3a. With regard to persons and entities listed in Annex II, Member States may allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds and economic resources which are necessary for humanitarian purposes after notification in advance to the other Member States and to the Commission.

3b. Paragraph 1(b) 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(b).

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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 before the date on which those accounts became subject to restrictive measures under Common Position 2004/852/CFSP or this Decision,

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

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Article 5a

It shall be prohibited:

(a) to purchase, broker or assist in the issue of bonds or securities issued or guaranteed after 6 April 2011 by the illegitimate government of Mr Laurent GBAGBO, as well as by persons or entities acting on its behalf or under its authority, or by entities owned or controlled by it. By way of exception, financial institutions shall be authorised to purchase such bonds or securities of corresponding value to bonds and securities already held by them and which are due to mature;

(b) to provide loans, in any form, to the illegitimate government of Mr Laurent GBAGBO, as well as to persons or entities acting on its behalf or under its authority, or by entities that it owns or controls.

The purchase, brokering and assistance in the issue of bonds and securities and the provision of loans referred to in points (a) and (b) shall not give rise to any liability of any kind on the part of natural and legal persons, entities and bodies concerned if they did not know, and had no reasonable cause to suspect, that their actions would infringe the prohibitions in question.

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Article 6

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

2. The Council, acting on a proposal from a Member State or the High Representative of the Union for Foreign Affairs and Security Policy, shall establish and amend the list in Annex II.

Article 7

1. Where the Security Council or the Sanctions Committee designates a person or entity, the Council shall include such person or entity in the list in Annex I.

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2. Where the Council decides to subject a person or entity to the measures referred to in Articles 4(1)(b) and 5(1)(b), it shall amend Annex II accordingly.

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3. The Council shall communicate its decision, including the grounds for listing, to the person or entity concerned, either directly, if the address is known, or through the publication of a notice, providing such person or entity with an opportunity to present observations.

4. 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 8

1. Annexes I and II shall include the grounds for listing the persons and entities as provided by the Security Council or by the Sanctions Committee in the case of Annex I.

2. Annexes I and II shall also contain, where available, the information necessary to identify the persons or entities concerned which is provided by the Security Council or by the Sanctions Committee in the case of Annex I. With regard to persons, such information may include names, including aliases, 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, place and date of registration, registration number and place of business. Annex I shall also include the date of designation by the Security Council or by the Sanctions Committee.

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Article 9

Common Positions 2004/852/CFSP and 2006/30/CFSP are hereby repealed.

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Article 9a

In order to maximise the impact of the measures set out in this Decision, the Union shall encourage third States to adopt restrictive measures similar to those contained in this Decision.

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Article 10

1. This Decision shall enter into force on the date of its adoption.

2. It shall be reviewed, amended or repealed as appropriate, in accordance with relevant decisions of the United Nations Security Council.

3. The measures referred to in Article 4(1)(b) and 5(1)(b) shall be reviewed at regular intervals and at least every 12 months. They shall cease to apply to the persons or entities concerned if the Council establishes, in accordance with the procedure in Article 6(2), that the conditions necessary for their application are no longer met.

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4. The measures referred to in Article 5(2), as far as ports listed in Annex II are concerned, shall be reviewed no later than 1 June 2011.

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►M1 ANNEX I ◄







List of persons referred to in Article 4(1)(a) and Article 5 Name (and possible aliases) Identifying information (date and place of birth (d.o.b. and p.o.b.), passport (Pass.)/ID card number, etc.) Grounds for designation Date of UN designation 1. BLÉ GOUDÉ, Charles (alias Général; Génie de kpo, Gbapé Zadi) d.o.b.: 1.1.1972 Nationality: Ivorian P.: 04LE66241 République de Côte d’Ivoire issued on 10.11.2005 valid until 9.11.2008 PD.: AE/088 DH 12 République de Côte d’Ivoire issued on 20.12.2002 valid until 11.12.2005 P.: 98LC39292 République de Côte d’Ivoire issued on 24.11.2000 valid until 23.11.2003 Place of birth: Guibéroua (Gagnoa) or Niagbrahio/Guiberoua or Guiberoua Address known in 2001: Yopougon Selmer, Bloc P 170; also at Hotel Ivoire Address declared in travel document No C2310421 issued by Switzerland on 15.11.2005 and valid until 31.12.2005: Abidjan, Cocody Leader of COJEP (‘Young Patriots’) repeated public statements advocating violence against United Nations installations and personnel, and against foreigners; direction of and participation in acts of violence by street militias, including beatings, rapes and extrajudicial killings; intimidation of the United Nations, the International Working Group (IWG), the political opposition and independent press; sabotage of international radio stations; obstacle to the action of the IWG, the United Nations Operation in Côte d’Ivoire (UNOCI), the French forces and to the peace process as defined by resolution 1643 (2005). 7 February 2006 2. DJUÉ, Eugène N’goran Kouadio d.o.b.: 1.1.1966 or 20.12.1969 Nationality: Ivorian P.: 04 LE 017521 issued on 10 February 2005 and valid until 10 February 2008 Leader of the Union des Patriotes pour la Libération Totale de la Côte d’Ivoire (UPLTCI). Repeated public statements advocating violence against United Nations installations and personnel, and against foreigners; direction of and participation in acts of violence by street militias, including beatings, rapes and extrajudicial killings; obstacle to the action of IWG, UNOCI, the French forces and to the peace process as defined by resolution 1643 (2005). 7 February 2006 3. FOFIE, Martin Kouakou d.o.b.: 1.1.1968 Nationality: Ivorian Place of birth: BOHI, Côte d’Ivoire Burkina Faso Identity Card Number: 2096927 issued on 17 March 2005 Burkina Faso Nationality Certificate: CNB N.076 (17 February 2003) Father’s name: Yao Koffi FOFIE Mother’s name: Ama Krouama KOSSONOU Côte d’Ivoire Identity Card Number: 970860100249 issued on 5 August 1997 valid until 5 August 2007 Chief Corporal New Force Commandant, Korhogo Sector. Forces under his command engaged in recruitment of child soldiers, abductions, imposition of forced labour, sexual abuse of women, arbitrary arrests and extra-judicial killings, contrary to human rights conventions and to international humanitarian law: obstacle to the action of the IWG, UNOCI, French forces and to the peace process as defined by resolution 1643 (2005). 7 February 2006 ▼M5 4. Laurent GBAGBO Date of birth: 31 May 1945 Place of birth: Gagnoa, Côte d’Ivoire Former President of Côte d’Ivoire: obstruction of the peace and reconciliation process, rejection of the results of the presidential election. Date of UN designation: 30.3.2011 (European Union designation: 22.12.2010) 5. Simone GBAGBO Date of birth: 20 June 1949 Place of birth: Moossou, Grand-Bassam, Côte d’Ivoire Chairperson of the Parliamentary Group of the Ivorian Popular Front (FPI): obstruction of the peace and reconciliation process, public incitement to hatred and violence. Date of UN designation: 30.3.2011 (European Union designation: 22.12.2010) ▼M12 6. Désiré TAGRO Passport number: PD–AE 065FH08 Date of birth: 27 January 1959 Place of birth: Issia, Côte d’Ivoire Deceased on 12 April 2011 in Abidjan Secretary-General in the so-called ‘presidency’ of Mr GBAGBO: participation in the illegitimate government of Mr GBAGBO, obstruction of the peace and reconciliation process, rejection of the results of the presidential election, participation in violent repressions of popular movements. Date of UN designation: 30.3.2011 (European Union designation: 22.12.2010) ▼M5 7. Pascal AFFI N’GUESSAN Passport number: PD-AE 09DD00013. Date of birth: 1 January 1953 Place of birth: Bouadriko, Côte d’Ivoire Chairman of the Ivorian Popular Front (FPI): obstruction of the peace and reconciliation process, incitement to hatred and violence. Date of UN designation: 30.3.2011 (European Union designation: 22.12.2010) 8. Alcide DJÉDJÉ Date of birth: 20 October 1956 Place of birth: Abidjan, Côte d’Ivoire Close advisor to Mr GBAGBO: participation in the illegitimate government of Mr GBAGBO, obstruction of the peace and reconciliation process, public incitement to hatred and violence. Date of UN designation: 30.3.2011

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ANNEX II







List of persons referred to in Article 4(1)(b) and Article 5(1)(b) Name (and any aliases) Identifying information Grounds for designation 1. Kadet Bertin Born 1957 in Mama Special Adviser to Laurent Gbagbo on matters of security, defence and military equipment, and formerly Laurent Gbagbo’s Minister for Defence. Nephew of Laurent Gbagbo. Exiled in Ghana. Subject of an international arrest warrant. Actively involved in incidents of abuse and forced disappearances, and in the funding and arming of the militia and of the ‘Young Patriots’ (COJEP). Involved in the funding and trafficking of arms and in the circumvention of the embargo. He was close to western militia and liaised on Gbagbo’s behalf with these groups. Involved in setting up the ‘LIMA force’ death squads. During his exile in Ghana, he has continued to plot ways to regain power by force. He is calling for Gbagbo’s immediate release. Because of his financial resources, his familiarity with illegal arms traffickers and his ongoing ties with active militia groups, especially in Liberia, Kadet Bertin poses a very real threat to the security and stability of Côte d’Ivoire. 2. Oulaï Delafosse Born 28 October 1968 Former sub-prefect of Toulepleu. Leader in the Great West Patriotic Resistance Union. As Head of the militia, he has engaged in violence and crime, particularly in the Toulepleu area. Taking his orders directly from Kadet Bertin, he was very active in the recruitment of Liberian mercenaries and in the trafficking of illegal arms from Liberia during the post-election crisis. His troops ran a reign of terror throughout the post-election crisis, killing hundreds of people from northern Côte d’Ivoire. Because of his political extremism, his closeness to Kadet Bertin and the strong links he has maintained with Liberian mercenaries, he continues to pose a threat to the stability of the country. 3. Pastor Gammi Head of the Ivorian Movement for the Liberation of Western Côte d’Ivoire (MILOCI), established in 2004. As Head of the pro-Gbagbo MILOCI militia, he was involved in many massacres and much brutality. Has fled to Ghana (is probably in Takoradi). Subject of an international arrest warrant. Since his exile, he has joined the International Coalition for the Liberation of Côte d’Ivoire (CILCI) which advocates the use of armed resistance to have Gbagbo returned to power. 4. Marcel Gossio Born 18 February 1951 in Adjamé Passport number: 08AA14345 (due to expire on 6 October 2013) Has fled Côte d’Ivoire. Subject of an international arrest warrant. Involved in the misappropriation of public funds and in the funding and arming of the militia. Instrumental to the funding of the Gbagbo clan and of the militia. Also a central figure in illegal arms trafficking. The sizeable sums of money he has misappropriated and his familiarity with the illegal arms networks make him a continued threat to the security and stability of Côte d’Ivoire. 5. Justin Koné Katina Has fled to Ghana. Subject of an international arrest warrant. Involved in the Central Bank of West African States (BCEAO) hold-up. From his place of exile, he still sees himself as Gbagbo’s spokesperson. In a press release on 12 December 2011, he argued that Ouattara had never won the election and asserted that the new regime was illegitimate. He calls for resistance, and believes Gbagbo will return to power. 6. Ahoua Don Mello Born 23 June 1958 in Bongouanou Passport number: PD-AE/044GN02 (due to expire on 23 February 2013) Spokesperson of Laurent Gbagbo. Former Minister for Infrastructure and Sanitation in the illegitimate government. Exiled in Ghana. Subject of an international arrest warrant. From exile, he has continuously stated that the election of President Ouattara was fraudulent and does not recognise his authority. He has refused to respond to the Ivorian Government’s call for reconciliation and has made regular calls in the press for uprisings, carrying out ‘mobilisation’ tours in the refugee camps in Ghana. In December 2011, he declared that Côte d’Ivoire was a ‘tribal state under siege’ and that ‘the days of the Ouattara regime’ were ‘numbered’. 7. Moussa Touré Zéguen Born 9 September 1944 Old passport: AE/46CR05 Head of the Group of Patriots for Peace (GPP). Founder of the ‘International Coalition for the Liberation of Côte d’Ivoire’ (CILCI). Became a militia leader in 2002 and has led the GPP since 2003. Under his command the GPP has become Gbagbo’s armed wing in Abidjan and the south of the country. Responsible, with the GPP, for numerous acts of violence mainly against populations from the north of the country and opponents of the former regime. Personally involved in post-election violence (particularly in the Abobo and Adjamé districts). Whilst exiled in Accra, Touré Zéguen founded the ‘International Coalition for the Liberation of Côte d’Ivoire’, whose aim is to return Gbagbo to power. From his place of exile he has made repeated inflammatory statements (for example at the press conference on 9 December 2011), maintaining a stance of conflict and armed revenge. He regards Côte d’Ivoire under Ouattara as illegitimate and ‘re-colonised’ and has issued a ‘call on Ivorians to drive out the impostors’ (Jeune Afrique, July 2011). Keeps a blog calling for a violent uprising of the Ivorian people against Ouattara.