46

In order to justify the inclusion of the applicant’s name on the lists in question, the Council relied on the document bearing the reference WK 1755/2020 INIT, which contained publicly available information, namely links to websites, press articles and screenshots from: – the website ‘Aliqtisadi’, viewed on 24 September 2018, on which the applicant is presented as the founding president of the Syria-Turkey Business Council, owner of Sabra Maritime Agency and an investor in the tourism sector; the applicant is also described there as being one of the 100 leading businessmen in Syria, the founding President of the Syrian Chamber of Shipping and a founding partner of Phoenicia Tourism Company, in which he holds 85% of the capital; – the website ‘Syriandays’, which, in an article published on 10 February 2015, entitled ‘Abdelkader Sabra is the President of the Syrian Chamber of Shipping’, stated that the Board of Directors of the Syrian Chamber of Shipping held the first meeting of the third election session in the presence of the Syrian Minister for Transport, the latter referring to the important role of that chamber in the service of the country; in addition, the article gave the names of the persons who were successful in the allocation of various posts, the name of the applicant appearing therein as having been appointed president; finally, the article stated that that chamber was created by Law No 20 of 2006 and stands out for its support for the maritime transport sector; – the website ‘The Syria Report’, viewed on 31 October 2018, which states that Phoenicia Tourism Company was established on 5 July 2012 in Tartus (Syria) in the hospitality project development sector and, in addition, states that the applicant holds 85% of the shares in that company, the total capital of 1 million Syrian pounds (SYP) (approximately EUR 1313); – the website ‘The Syria Report’, which, in an article published on 26 November 2012, entitled ‘Ministry of Tourism Awards New Contract to Manage Arwad Hotel’, stated that the Syrian Ministry of Tourism awarded Phoenicia Tourism Company a contract for the development and management of a four-star hotel on the island of Rouad (Syria), for a term of 60 years; according to the article, the hotel was to have 150 beds and the cost of development was estimated at SYP 700 million (approximately EUR 919009); the article also stated that the applicant, described as a known investor in Tartus, is active in several areas, including shipping and trade; – the website ‘The Syria Report’, viewed on 1 November 2018, according to which the applicant is the managing director of Sabra Group, which includes shipping agency Riamar Shipping, which has eight vessels berthed at the port of Tartus; it was also stated that Sabra Group exports olive oil and employs 250 people; – Reuters news agency, which, in an article published on 15 November 2013, entitled ‘Exclusive – [Bashar Al-]Assad allies profit from Syria’s lucrative food trade’, states that, by using front companies and shipping lines, a discreet commercial and logistical network is now emerging, which aims not only to procure food commodities but to generate big returns for members of Bashar Al-Assad’s inner circle; according to that article, Yass Marine, registered in Tripoli (Lebanon) and Syria, is one of those undertakings; the article states that, according to the shipping data from shipping analytics firm Windward, Yass Marine’s fleet of dry bulk ships had made deliveries in recent months to Syria from ports in Ukraine, Russia and Lebanon; in addition, according to the article, the applicant, one of the top shipping magnates in Syria, is involved in the shipping trade to those countries; lastly, the article states that the websites of the opposition and a business directory show that the applicant was a shareholder in Cham Holding, a ‘sanctioned’ company that is linked to Rami Makhlouf; – Le Monde newspaper, which, in an article published on 30 May 2014, entitled ‘The Syrian oligarchs supporting the [Bashar Al-]Assad regime’, states that Rami Makhlouf, together with three other persons, including the applicant, invested in the importation of foodstuffs, including wheat, rice, sugar and tea, which are not covered by the European embargo, unlike oil; – the website ‘World Crunch’, which, in an article published on 3 June 2014, entitled ‘The Shady Syrian Oligarchs Who Keep The Regime afloat’, sets out, with regard to the applicant, the same information as that reported in the article in Le Monde newspaper cited in the above indent; – the website ‘Eqtsad’, which, in an article published on 27 January 2019, entitled ‘Abdelkader Sabra, partner of Rami Makhlouf, who is still Raising the Turkish flag in the Office’, describes the applicant as having benefited from Bashar Al-Assad’s policy which, from 2002, enabled a ‘significant social class’ to invest in Syria; according to the article, he founded shipping agency Abdul Kader Sabra (‘AKSSA’) in 2002, a company which ended with a fleet of more than 350 ships; the article also states that he is the President of the Syrian Chamber of Shipping since it was created in 2006 and the director of the Syria-Turkey Business Council, and the Vice-President of the Syria-Russia Business Council; he is also described as one of the key partners of Rami Makhlouf; according to that article, the applicant’s activities in the shipping sector enabled him to engage in trade relations with several countries, including, in particular, Italy, Greece, Turkey and Cyprus; in that regard, according to the article, the applicant was appointed director of the Syria-Turkey Business Council, playing a major role in the development of trade and political relations with Turkey; the article also indicates that the applicant has invested in the ‘Assad system’ in the best possible way, having become an important figure in several areas; in addition, according to the article, from 2005 onwards, he began to expand his activities and invested in real estate and trade in foodstuffs with Rami Makhlouf; the article also stated that he set up a factory for the production of olive oil, a product which he exported in large quantities, and another factory for the manufacture of glass, plastic and metal containers; according to the article, after the 2011 revolution and the adoption of ‘sanctions’ against Cham Holding and businessmen involved in that company, the applicant quickly withdrew from that company and claimed his innocence; the article went on to say that, from 2012, he progressively moved to Lebanon and managed his affairs from that country, which led the regime to seize his real estate and securities, accusing him of having smuggled property into Syria; that, according to the article, was described by a good number of observers as an attempt to protect him, in particular from ‘sanctions’, provided that he provides certain services to the Syrian regime from another location; the article further stated that there was no news relating to the applicant until the beginning of 2018, the year in which he and other Syrian businessmen obtained Lebanese nationality; finally, in that regard, the article stated that Lebanese media launched a campaign against him, accusing the Lebanese State of conspiring with businessmen in order to find a means of circumventing the restrictive measures imposed on them and, moreover, that he obtained Lebanese nationality through his work with Hezbollah, ranging from money laundering to trade supplies for the party, activities for which he used his fleet of ships; – the website ‘The Syria Report’, which, in an article published on 5 June 2018, entitled ‘Dozens of Syrian Investors to be granted Lebanese Citizenship’, indicated that the applicant is an influential investor from Tartus who is active in the shipping sector, that, in addition, many Syrian investors face problems in opening and operating a bank account in Lebanon and the obtaining of a Lebanese identity card would help circumvent that difficulty and could be requested for that reason; – the website ‘al Arabiya News’, which, in an article published on 8 June 2018, entitled ‘Lebanese nationality to Syria involved in smuggling … Know it!’, referred to the controversy created by the grant of Lebanese citizenship to many persons from several countries, including Syria; according to that article, the applicant is among the persons who have become naturalised; he is described there as having ‘suspicious’ financial relations with the Bashar Al-Assad regime and, in particular, with Rami Makhlouf; in that regard, the article referred to the information concerning the partnership between the latter and the applicant as set out in the article of 30 May 2014 published by Le Monde mentioned above; the article stated that the applicant was a ‘one-man office’, that he was an honorary ambassador of Turkey to Syria, had acted as director of the Syria-Turkey Business Council in 2012 and that he had been Vice-President of the Syria-Russia Business Council since its creation; it added that the applicant is the President of the Syrian Chamber of Shipping, a shareholder in Cham Holding, but that the inclusion of that company on the lists of persons subject to restrictive measures of the European Union and the United States of America prompted him to step back from media exposure and to present himself as no longer forming part of it; the article added that AKSSA, a shipping company specialising in the management and ownership of vessels, has two branches in Italy and Greece and also owns OVO (Olive Virgin Oil Company) which exports olive oil; the article also mentioned one of the largest factories in the region, which produces glass, metal and plastic containers; according to the article, the applicant is the chairman of Abdelkader Sabra Group, whose seat is situated in the coastal province of Tartus; finally, the article stated that AKSSA’s immovable and movable property was seized in 2012 pursuant to Decision No 932 of the Syrian Ministry of Finance, pursuant to an infringement of import rules on account of contraband property in Case No 208 of 2012; the article added that the applicant decided to settle the matter out of court, with the result that the seizure order was lifted after a fine had been paid; – the website ‘Asharq Al-Awsat’, which, in an article published on 8 June 2018, entitled ‘Exclusive – 4 “Suspicious” Names behind Freezing of Lebanon’s Naturalisation Decree’, provided details on the publication by the Lebanese authorities of 400 names of persons who had acquired Lebanese nationality pursuant to a controversial government decree and, furthermore, referred to the applicant as President of the Syrian Chamber of Shipping. – the website ‘Enab Baladi’, which, in an article dated 10 June 2018, entitled ‘The establishment of companies and naturalisation … Lebanon [helps] [Bashar Al-]Assad to circumvent sanctions’, stated that the name of the applicant, described as one of the 100 leading businessmen in Syria, appeared in the list of persons who were included in the Lebanese naturalisation decree; according to the article, he owns Sabra Maritime Agency, is the director of the Syria-Turkey Business Council and is the ‘first’ President of the Syrian Chamber of Shipping; the article also mentions Cham Holding, owned by Rami Makhlouf, from which he withdrew after the United States of America imposed ‘sanctions’ on that company; finally, the article adds that, according to an analyst, Syrian businessmen wish to be released from the ‘sanctions’ imposed on them; in that regard, obtaining Lebanese nationality allows them, according to the article, to open accounts and make deposits in Lebanese banks; – the website ‘Al Janoubia’, which, in an article published on 8 June 2018, entitled ‘Abdelkader Sabra became Lebanese’, stated that the applicant’s name had recently become famous because of the naturalisation decree published in Lebanon, that he is close to President Bashar Al-Assad and is an important shareholder in Cham Holding, owned by Rami Makhlouf; – the website of the Middle East Institute for Research and Strategic Studies (MEIRSS), which, in an article published on 20 June 2018, entitled ‘Lebanese Nationalization decree: Sanction Evasion & Shady Business?’ mentioned the presidential decree granting Lebanese nationality to 407 foreign nationals of different countries; the article also referred to the political and media controversy generated by that decree, stated that several Syrian businessmen close to President Bashar Al-Assad had been granted Lebanese nationality, that a number of naturalised individuals are financially and politically related to the Syrian regime and are subject to constant monitoring and restrictive measures by the European Union and the United States of America and that, moreover, the applicant, who had been granted Lebanese citizenship, is a member of the Board of Directors of Cham Holding, a company which is the subject of restrictive measures imposed by the European Union and the United States of America; finally, the article states that he contributed to the founding of a company in Lebanon, named Yass Marine Group, which was involved in a scandal in Syria concerning food safety.