Council Regulation (EC) No 310/2002 of 18 February 2002 concerning certain restrictive measures in respect of Zimbabwe
Date: 2002-02-18
Institutions: Council of the European Union
Subjects: Zimbabwe, economic sanctions, freedom of movement, international sanctions, market approval, military equipment

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 310/2002

of 18 February 2002

concerning certain restrictive measures in respect of Zimbabwe

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),

implement the said measures as far as the territory of
the Community is concerned. For the purpose of this
Regulation, the territory of 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,

Having regard to the proposal from the Commission,

HAS ADOPTED THIS REGULATION:

Whereas:

(1)

(2)

(3)

The Council has expressed serious concern about the
situation in Zimbabwe, in particular the recent escala-
tion 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 Government of
The Council has assessed that
Zimbabwe continues to engage in serious violations of
human rights and of the freedom of opinion, of associa-
tion and of peaceful assembly. Therefore, for as long as
the violations occur, the Council deems it necessary to
introduce restrictive measures against the government of
Zimbabwe and those who bear a wide responsibility for
such violations.

Therefore, Common Position 2002/145/CFSP provides
that certain restrictive measures will be taken in respect
of Zimbabwe, in particular the freezing of funds, finan-
cial assets or economic resources of individual members
of the Government and natural or legal persons asso-
ciated with them as well as a ban on exports on repres-
sion equipment and a ban on technical advice, assistance
or training related to military activities.

(4)

These measures fall under the scope of the Treaty and,
therefore, notably with a view to avoiding distortion of
competition, Community legislation is necessary to

(1) See page 1 of this Official Journal.

Article 1

For the purpose of this Regulation:

1.

2.

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

limited to, bank credits,

‘freezing of funds, other financial assets or economic resour-
ces’ means: preventing any move, transfer, alteration, use of
or dealing with funds in any way that would result in any
location, ownership,
change in their volume, amount,
possession, character, destination or other change that
would enable the use of
including portfolio
management.

the funds,

Article 2

All funds, other financial assets or economic resources
1.
belonging to individual members of
the Government of
Zimbabwe and to any natural or legal persons, entities or
bodies associated with them 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 legal persons, entities or bodies listed in Annex I.

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Article 3

1. Without prejudice to the applicable rules concerning
reporting, confidentiality and professional secrecy and to the
provisions of Article 284 of
the Treaty, natural and legal
persons, entities and bodies shall:

(a) provide immediately any information which would facili-
tate compliance with this Regulation, such as 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 or located, and to the Commis-
sion.

funds,
In particular, available information in respect of
financial assets or economic resources owned or controlled
by persons listed in Annex I during the period of six
months before the entry into force of this Regulation shall
be provided;

(b) cooperate with the competent authorities listed in Annex

III in any verification of this information.

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.

Any additional

3.
information directly received by the
Commission shall be made available to the competent authori-
ties of the Member States concerned.

Article 4

Article 2 shall not apply to:

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 to in Article 2(2),

after consultation with the other Member States and the
Commission in accordance with paragraph 2.

2.
A competent authority which receives a request for an
authorisation referred to in paragraph 1 shall notify the
competent authorities of the other Member States and the
Commission, as listed in Annex III, of the grounds on which it
intends to either reject the request or grant a specific author-
isation.

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 technical training or assistance related to the provision,
manufacture, maintenance or use of arms and related material
of all
including weapons and ammunition, military
vehicles and equipment, paramilitary equipment, and spare
parts for the aforementioned shall be prohibited.

types,

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

additions shall be frozen;

Article 7

(b) the use of frozen funds for:

— 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-
tricity and telecommunications
to be paid in the
Community;

— payment of charges due to a financial institution in the

Community 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 conditions and the purposes. Such evidence shall be kept
available for at least five years for inspection by competent
authorities.

1.
It shall be prohibited, knowingly and intentionally, to sell,
supply, export or ship, directly or indirectly, equipment which
might be used for internal repression as listed in Annex II to
any natural or legal person, entity or body in Zimbabwe or for
the purpose of any business carried 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 protec-
tive use, and related technical assistance or training, nor shall
they apply to protective clothing,
including flak jackets and
military helmets, temporarily exported to Zimbabwe by United
Nations personnel, representatives of the media and humani-
tarian and development workers and associated personnel for
their personal use only.

Article 8

Article 5

1.
Notwithstanding the provisions of Article 2 and with a
view to the protection of the interests of the Community,
which include the interests of its citizens and residents, the

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.

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Article 9

Article 12

The participation, knowingly and intentionally, in related activ-
ities the object or effect of which is, directly or indirectly to
promote the transactions or activities referred to in Articles 2,
6 and 7 or to circumvent the provisions of this Regulation
shall be prohibited.

Article 10

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

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.

This Regulation shall apply:
— within the territory of

airspace,

the Community,

including its

— 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

constituted under the law of a Member State.

Article 13

This Regulation shall enter into force on the day of its publica-
tion in the Official 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.

Done at Brussels, 18 February 2002.

For the Council

The President

J. PIQUÉ I CAMPS

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ANNEX I

List of persons, entities and bodies referred to in Article 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

5. GOCHE Nicholas

6. MANYIKA Elliot

7. MOYO Jonathan

8. CHARAMBA George

9. CHINAMASA Patrick

10. MADE Joseph

11. CHOMBO Ignatius

12. MUDENGE Stan

13. CHIWEWE Willard

Home Affairs Minister, born 22.8.1934

Security Minister, born 1.8.1946

Youth Minister, born 30.7.1955

Information Minister, born 12.1.1957

Information Minister's Permanent Secretary and Spokesman

Justice Minister, born 25.1.1947

Agricultural Minister, born 21.11.1954

Local Govt Minister, born 1.8.1952

Foreign Minister, born 17.12.1941, Zimutu Reserve

Ministry of Foreign Affairs Senior Secretary, born 19.3.1949

14. ZVINAVASHE Vitalis

General (CDS), born 1943

15. CHIWENGA Constantine

Lt Gen (Army), born 25.8.1956

16. SHIRI Perence

17. CHIHURI Augustine

18. MUZONZINI Elisha

19. ZIMONTE Paradzai

20. SEKERAMAYI Sidney

Air Marshal (Air Force), born 1.11.1955

Commissioner (Police), born 10.3.1953

Brig. (Intelligence), born 24.6.1957

Prisons chief

Defence Minister, born 30.3.1944

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ANNEX II

Equipment for internal repression envisaged by Article 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 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.

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.

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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.

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ANNEX III

List of competent authorities referred to in Article 3(1) and Article 5

BELGIUM
Ministère des finances
Trésorerie
avenue des Arts 30
B-1040 Bruxelles
Fax (32-2) 233 75 18

DENMARK
Erhvervs- og Boligstyrelsen
Dahlerups Pakhus
Langelinie Alle 17
DK-2100 København Ø
Tel. (45) 35 46 60 00
Fax (45) 35 46 60 01

GERMANY
Deutsche Bundesbank
Postfach 100602
D-60006 Frankfurt/Main
Tel. (00-49-69) 95 66-01
Fax (00-49-69) 560 10 71

GREECE
— For Capitals

Ministry of National Economy
General Directorate of Economic Policy
5-7 Nikis str.
GR-101 80 Athens
Tel. (00-30-10) 333 27 81-2
Fax (00-30-10) 333 28 10, 333 27 93

Yπουργείο Εθνικήs Οικονοµίαs
Γενική ∆ιεύθυνση Οικονοµικήs Πολιτικήs
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 Implementation
1, Kornarou str.
GR-105 63 Athens
Tel. (00-30-10) 333 27 81-2
Fax (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 93

SPAIN
Dirección General de Comercio e Inversiones
Subdirección General de Inversiones Exteriores
Ministerio de Economía
Paseo de la Castellana, 162
E-28046 Madrid
Tel. (00-34) 91 349 39 83
Fax (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, 6
E-28014 Madrid
Tel. (00-34) 91 209 95 11
Fax (00-34) 91 209 96 56

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FRANCE
Ministère de l'économie, des finances et de l'industrie
Direction du Trésor
Service des affaires européennes et internationales
Sous-direction E
139, rue du Bercy
F-75572 Paris Cedex 12
Tel. (33-1) 44 87 17 17
Fax (33-1) 53 18 36 15

IRELAND
Central Bank of Ireland
Financial Markets Department
PO Box 559
Dame Street
Dublin 2
Tel. (353-1) 671 66 66

Department of Foreign Affairs
Bilateral Economic Relations Division
76-78 Harcourt Street
Dublin 2
Tel. (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 Roma
csf@tesoro.it
Tel. + 39 06 4 761 39 21
Fax + 39 06 4 761 39 32

— Competent Authorities for exceptions on visa ban

Ministero degli Affari Esteri
Piazzale della Farnesina, 1
I-00100 Roma
Direzione Generale per gli Italiani all'estero e le Politiche Migratorie
Uff. VI (cons. Amb. Carlo Colombo)
Tel. 00 39 06 3691 35 00
Fax 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 internationales
BP 1602
L-1016 Luxembourg
Tel. (352) 478-1 or 478-2350
Fax (352) 22 20 48

Ministère des Finances
3, rue de la Congrégation
L-1352 Luxembourg
Tel. (352) 478-2712
Fax (352) 47 52 41

NETHERLANDS
Ministerie van Financiën
Directie Wetgeving, Juridische en Bestuurlijke Zaken
Postbus 20201
2500 EE Den Haag
Nederland
Tel. (31-70) 342 82 27
Fax (31-70) 342 79 05

AUSTRIA
Oesterreichische Nationalbank
A-1090 Wien
Otto-Wagner-Platz 3
Tel. (431) 404 20-0
Fax (431) 404 20-73 99

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PORTUGAL
Ministério das Finanças
Direcção Geral dos Assuntos Europeus e Relações Internacionais
Avenida Infante D. Henrique, n.o 1, C 2.o
P-1100 Lisboa
Tel. (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 Organizações Políticas Internacionais
Largo do Rilvas
P-1350-179 Lisboa
Tel. (351 21) 394 60 72
Fax (351 21) 394 60 73

FINLAND
Ulkoasiainministeriö/Utrikesministeriet
PL 176
SF-00161 Helsinki
Tel. (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 Stockholm
Tel. 08-787 80 00
Fax 08-24 13 35

— Article 4

Riksförsäkringsverket (RFV)
S-103 51 Stockholm
Tel. 08-786 90 00
Fax 08-411 27 89

UNITED KINGDOM
HM Treasury
International Financial Services Team
19 Allington Towers
London SW1E 5EB
United Kingdom
Tel. (44-207) 270 55 50
Fax (44-207) 270 43 65

Bank of England
Financial Sanctions Unit
Threadneedle Street
London EC2R 8AH
United Kingdom
Tel. (44-207) 601 46 07
Fax (44-207) 601 43 09

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.int