Proposal for a Council Regulation concerning certain restrictive measures in respect of certain members of the Government of Zimbabwe
Date: 2002-02-11
Institutions: European Commission
Subjects: Zimbabwe, democracy, economic sanctions, human rights, international sanctions, military equipment

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C 20 E/5

Proposal for a Council Regulation concerning certain restrictive measures in respect of certain
members of the Government of Zimbabwe

(2003/C 20 E/02)

COM(2002) 88 final

(Submitted by the Commission on 11 February 2002)

EXPLANATORY MEMORANDUM

The Council has expressed serious concern about the situation in Zimbabwe,
in particular the recent
escalation of violence and intimidation 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 situation
as called for by the European Council in Laeken last December.

The Council has further expressed serious concern about recent
if
enforced, would seriously infringe the freedom of speech, assembly and association and violate the
norms and standards for free and fair elections.

legislation in Zimbabwe which,

In view of the above Common Position 2002/. . ./CFSP provides that certain restrictive measures should be
implemented against Zimbabwe by means of in particular freezing of funds and a ban on exports on
repression equipment.

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/. . ./CFSP,

Having regard to the proposal from the Commission,

Whereas:

in
certain members of
particular freezing of funds, financial asset or economic
resources and a ban on exports on repression equipment.

the Government of Zimbabwe,

legislation is necessary

(4) These measures fall under the scope of the Treaty and,
therefore, notably with a view to avoiding distortion of
competition, Community
to
implement the said measures as far as the territory of the
Community is concerned. For the purpose of this Regu-
lation,
the Community is deemed to
encompass the territories of the Member States to which
the Treaty is applicable, under the conditions laid down in
that Treaty.

the territory of

(1) The Council has expressed serious concern about

the
situation in Zimbabwe, in particular the recent escalation
of violence and intimidation 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 situation as called for by the European
Council in Laeken last December.

HAS ADOPTED THIS REGULATION:

Article 1

For the purpose of this Regulation:

(2) The Council has further expressed serious concern about
recent legislation in Zimbabwe which, if enforced, would
seriously infringe the freedom of speech, assembly and
association and violate the norms and standards for free
and fair elections.

(3) Common Position 2002/. . ./CFSP provides that certain
implemented against

restrictive measures

should be

1.

‘Funds, financial assets or economic resources’ means assets
of every kind, whether tangible or intangible, movable or
immovable, however acquired, and legal documents or
including electronic or digital,
instruments in any form,
evidencing title to, or interest in, such assets,
including,
but not limited to, bank credits, travellers' cheques, bank
cheques, money orders, shares, securities, bonds, drafts
and letters of credit;

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2. Freezing of funds means: preventing any move, transfer,
alteration, use of or dealing with funds in any way that
would result
in any change in their volume, amount,
location, ownership, possession, character, destination or
the funds,
other change that would enable the use of
including portfolio management.

Any information provided or received in accordance with
2.
this Article shall be used only for the purposes for which it was
provided or received.

3.
Any information directly received by the Commission
shall be made available to the competent authorities of the
Member States concerned.

Article 2

Without prejudice to the powers of the Member States in the
exercise of their public authority, the provision to Zimbabwe
training or assistance related to the provision,
of technical
manufacture, maintenance or use of
and related
material of all
including weapons and ammunition,
types,
military vehicles and equipment, paramilitary equipment, and
spare parts for the aforementioned shall be prohibited.

arms

Article 5

Article 3 shall not apply to

(a) the crediting of frozen accounts on the condition that any

additions shall be frozen

Article 3

(b) the use of frozen funds for

All

funds,

financial

assets or

1.
resources
belonging to any natural or legal persons, entities or bodies
engaged in activities that undermine democracy, human rights
and the rule of law in Zimbabwe and listed in Annex I, shall be
frozen.

economic

No funds, financial assets or economic resources shall be
2.
made available directly or indirectly to or for the benefit of
persons, entities or bodies listed in Annex I.

— essential human needs of a natural person included in
Annex I such as payments for foodstuffs, medicines, the
rent or mortgage 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 such as gas, water, elec-
to be paid in the
tricity and telecommunications
Community;

Article 4

— payment of charges due to a financial institution in the

Community for the maintenance of accounts;

Notwithstanding

1.
concerning
reporting, confidentiality and professional secrecy natural and
legal persons, entities and bodies shall:

applicable

rules

the

(a) provide immediately to the Commission any information
which would facilitate compliance with this Regulation,
such as accounts and amounts frozen in accordance with
Article 3.
funds
owned or controlled by persons listed in Annex 1 during
the period of 6 months before the entry into force of this
Regulation shall be provided;

In particular information in respect of

The Commission shall be informed of any payment made
under this paragraph and of conclusive evidence of the
fulfilment of
the conditions and the purposes. Such
evidence shall be kept available for at least 5 years for
inspection by competent authorities.

Article 6

ship, directly or

to sell
It shall be prohibited, knowingly and intentionally,
indirectly, equipment
supply, export or
which might be used for internal
repression as listed in
Annex II to any person, entity or body for the purpose of
any business carried on in or operated from the territory of
Zimbabwe.

(b) cooperate with competent authorities in any verification of

this information;

Article 7

The Commission shall be empowered:

(c)

inform immediately the Commission on any transaction or
activity where there is reasonable doubt about its compati-
bility with the provisions of this Regulation.

— To amend Annex I taking into account decisions in respect

of the Annex of Common Position 2002/. . ./CFSP.

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Article 8

Article 12

The participation, knowingly and intentionally,
in related
activities the object or effect of which is, directly or indirectly
to promote the transactions or activities referred to in article 4
or to circumvent the provisions of this Regulation shall be
prohibited.

This Regulation shall apply

— within the territory of

the Community,

including its

airspace,

Article 9

— on board any aircraft or any vessel under the jurisdiction of

a Member State,

The Commission and the Member States shall
immediately
inform each other of the measures taken under this Regulation
and shall supply each other with relevant information at their
disposal
in particular
information in respect of violation and enforcement problems
and judgements handed down by national courts.

in connection with this Regulation,

— to any person elsewhere who is a national of a Member

State, and

— to any legal person, entity or body which is incorporated or

constituted under the law of a Member State.

Article 10

Article 13

financial assets or
The freezing in good faith of
economic resources according to this Regulation by an insti-
tution or person or by an employee or director of such an
institution or person shall not involve the institution or person
or directors or employees in liability of any kind.

funds,

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Communities.

This Regulation shall apply for a renewable 6 month period
after that date.

Article 11

It shall be kept under constant review.

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.

This Regulation shall be binding in its entirety and directly
applicable in all Member States.

LIST OF PERSONS, ENTITIES AND BODIES REFERRED TO IN ARTICLE 2

ANNEX I

. . . . . .

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EQUIPMENT FOR INTERNAL REPRESSION ENVISAGED BY ARTICLE 6

ANNEX II

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 the common position 96/635/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 with ballistic 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 specifications, and specially designed components
therefor.

All-wheel-drive utility vehicles capable of off-road use that have been manufactured or fitted with ballistic protection,
and profiled armour for such vehicles.

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.

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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).

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.