Council Common Position 2004/161/CFSP of 19 February 2004 renewing restrictive measures against Zimbabwe
Date: 2004-02-19
Institutions: Council of the European Union
Subjects: Zimbabwe, economic sanctions, freedom of movement, international sanctions, market approval, military equipment

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(Acts adopted pursuant to Title V of the Treaty on European Union)

COUNCIL COMMON POSITION 2004/161/CFSP

of 19 February 2004

renewing restrictive measures against Zimbabwe

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in par-
ticular Article 15 thereof,

Whereas:

(8)

(9)

subject
The list of persons
annexed to Common Position 2002/145/CFSP,
amended and replaced, should be updated.

to restrictive measures
as

Action by the Community is needed in order to imple-
ment certain measures,

(1)

(2)

(3)

(4)

(5)

(6)

(7)

to Common Position 2002/145/CFSP (1)

Pursuant
the
Council imposed a prohibition on the supply of arms
and related materiel, on the provision of related tech-
nical training or assistance and on the supply of equip-
ment
that might be used for internal repression to
Zimbabwe.

Pursuant
to Common Position 2002/145/CFSP the
Council also imposed a travel ban and a freezing of
funds on the Government of Zimbabwe and persons
who bear a wide responsibility for serious violations of
human rights and of the freedom of opinion, of associa-
tion and of peaceful assembly.

Common Position 2002/145/CFSP was amended by
Common Position 2002/600/CFSP (2) by extending these
restrictive measures to further persons who bear a wide
responsibility for such violations.

The list of persons subject to the restrictive measures
annexed to Common Position 2002/145/CFSP was
updated and replaced by Council Decision 2002/754/
CFSP (3) following a government reshuffle in Zimbabwe.

Common Position 2002/145/CFSP was further amended
and extended by Common Position 2003/115/CFSP (4),
which expires on 20 February 2004.

In view of the continued deterioration in the human
rights situation in Zimbabwe, the restrictive measures
adopted by the European Union should be renewed for a
further 12 months.

The objective of these restrictive measures is to encou-
rage the persons targeted to reject policies that lead to
the suppression of human rights, of the freedom of
expression and of good governance.

(1) OJ L 50, 21.2.2002, p. 1.
(2) OJ L 195, 24.7.2002, p. 1.
(3) OJ L 247, 14.9.2002, p. 56.
(4) OJ L 46, 20.2.2003, p. 30.

HAS ADOPTED THIS COMMON POSITION:

Article 1

For the purposes of this Common Position, the term ‘technical
assistance’ shall mean any technical support related to repairs,
development, manufacture, assembly, testing, maintenance or
any other technical service, and may take forms such as
instruction, advice, training, transmission of working knowl-
edge or
technical assistance
includes verbal forms of assistance.

skills or consulting services;

Article 2

The sale, supply, transfer or export of arms and related
1.
materiel of all types, including weapons and ammunition, mili-
tary vehicles and equipment, paramilitary equipment and spare
parts for the aforementioned, as well as equipment which
might be used for
to Zimbabwe 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.

repression,

internal

2.

It shall be prohibited:

(a) to grant,

sell,

transfer

supply or

technical assistance,
brokering services and other services 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 aforemen-
tioned, as well as equipment which might be used for
internal repression, directly or indirectly to any person,
entity or body in or for use in Zimbabwe;

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including,

in particular, grants,

(b) to provide financing or financial assistance related to mili-
tary activities,
loans and
export credit insurance, for any sale, supply, transfer or
export of arms and related materiel, as well as equipment
which might be used for internal repression, directly or
indirectly to any person, entity or body in or for use in
Zimbabwe.

5. Member States may grant exemptions from the measures
imposed in paragraph 1 where travel
is justified on the
grounds of urgent humanitarian need, or on grounds of
attending
those
promoted by the European Union, where a political dialogue is
conducted that directly promotes democracy, human rights and
the rule of law in Zimbabwe.

intergovernmental meetings,

including

Article 3

1.

Article 2 shall not apply to:

(a) the sale, supply, transfer or export of non-lethal military
equipment or of equipment which might be used for
internal repression,
intended solely for humanitarian or
protective use, or for institution-building programmes of
the UN,
the EU and the Community, or of materiel
intended for EU and UN crisis-management operations;

(b) the provision of financing and financial assistance related

to such equipment;

(c) the provision of technical assistance related to such equip-

ment,

on condition that such exports have been approved in advance
by the relevant competent authority.

Article 2 shall not apply to protective clothing, including
2.
flak jackets and military helmets,
temporarily exported to
Zimbabwe by United Nations personnel, personnel of the EU,
the Community or its Member States, representatives of the
media and humanitarian and development workers and asso-
ciated personnel for their personal use only.

Article 4

1. Member States shall
take the necessary measures to
prevent the entry into, or transit through, their territories of
the natural persons listed in the Annex, who are engaged in
activities
for
human rights and the rule of law in Zimbabwe.

that seriously undermine democracy,

respect

Paragraph 1 will not oblige a Member State to refuse its

2.
own nationals entry into its territory.

6.
A Member State wishing to grant exemptions referred to
in paragraph 5 shall notify the Council in writing. The exemp-
tion will be deemed to be granted unless one or more of the
Council Members raises an objection in writing within 48
hours of receiving notification of the proposed exemption. In
the event that one or more of the Council members raises an
objection, the Council, acting by a qualified majority, may
decide to grant the proposed exemption.

7.
In cases where, pursuant to paragraphs 3, 4, 5 and 6, a
Member State authorises the entry into, or transit through, its
territory of persons listed in the Annex, the authorisation shall
be limited to the purpose for which it is given and to the
persons concerned thereby.

Article 5

All funds and economic resources belonging to individual
1.
members of the Government of Zimbabwe and to any natural
or legal persons, entities or bodies associated with them as
listed in the Annex shall be frozen.

2.
No funds 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 the Annex.

Exemptions may be made for

3.
resources which are:

funds or economic

(a) necessary for basic expenses, including payments for food-
stuffs, rent or mortgage, medicines and medical treatment,
taxes, insurance premiums and public utility charges;

(b) intended exclusively for payment of reasonable professional
incurred expenses associated

fees and reimbursement of
with the provision of legal services;

3.
Paragraph 1 shall be without prejudice to the cases where
a Member State is bound by an obligation of international law,
namely:

(c) intended exclusively for payment of fees or service charges
frozen funds or

for routine holding or maintenance of
economic resources;

(a) as a host country of an international

intergovernmental

organisation;

(d) necessary for extraordinary expenses.

(b) as a host country to an international conference convened

by, or under the auspices of, the United Nations; or

Paragraph 2 shall not apply to the addition to frozen

4.
accounts of:

(c) under a multilateral agreement conferring privileges and

immunities.

(a) interest or other earnings on those accounts; or

The Council shall be duly informed in each of these cases.

4.
Paragraph 3 shall be considered as applying also in cases
where a Member State is host country of the Organisation for
Security and Cooperation in Europe (OSCE).

(b) payments due under contracts, agreements or obligations
that were concluded or arose prior to the date on which
those accounts became subject to restrictive measures,

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

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Article 6

Article 9

The Council, acting upon a proposal by a Member State or the
Commission, shall adopt modifications of the list contained in
the Annex as required by political developments in Zimbabwe.

This Common Position shall apply for a 12-month period. It
shall be kept under constant review. It shall be renewed, or
amended as appropriate, if the Council deems that its objectives
have not been met.

Article 7

to maximise the impact of

In order
the abovementioned
measures, the European Union shall encourage third States to
adopt restrictive measures similar to those contained in this
Common Position.

Article 10

This Common Position shall be published in the Official Journal
of the European Union.

Article 8

Done at Brussels, 19 February 2004.

This Common Position shall take effect on the date of its
adoption.

It shall apply as from 21 February 2004.

For the Council

The President

M. McDOWELL

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ANNEX

List of persons referred to in Articles 4 and 5

1. Mugabe, Robert Gabriel

President, born 21.2.1924

2. Buka (a.k.a. Bhuka), Flora

Minister of State in Vice-President's Office (former Minister of State
for the Land Reform Programme in the President's Office), born
25.2.1968

3. Bonyongwe, Happyton

Director-General Central Intelligence Organisation, born 6.11.1960

4. Chapfika, David

Deputy Minister of Finance and Economic Development

5. Charamba, George

Permanent Secretary Department for Information and Publicity, born
4.4.1963

6. Charumbira, Fortune Zefanaya

Deputy Minister for Local Government, Public Works and National
Housing, born 10.6.1962

7. Chigwedere, Aeneas Soko

Minister of Education, Sports and Culture, born 25.11.1939

8. Chihuri, Augustine

Police Commissioner, born 10.3.1953

9. Chikowore, Enos C.

ZANU (PF) Politburo Secretary for Land and Resettlement, born 1936

10. Chinamasa, Patrick Anthony

Minister of Justice, Legal and Parliamentary Affairs, born 25.1.1947

11. Chindori-Chininga, Edward Takaruza

former Minister of Mines and Mining Development, born 14.3.1955

12. Chipanga, Tongesai Shadreck

Deputy Minister of Home Affairs

13. Chiwenga, Constantine

14. Chiwewe, Willard

Commander Zimbabwe Defence Forces, General
Commander, Lieutenant General), born 25.8.1956

(former Army

Senior Secretary responsible for Special Affairs in the President's
Office (former Senior Secretary, Ministry of Foreign Affairs), born
19.3.1949

15. Chombo, Ignatius Morgan Chiminya

Minister of Local Government, Public Works and National Housing,
born 1.8.1952

16. Dabengwa, Dumiso

ZANU (PF) Politburo Senior Committee Member, born 1939

17. Goche, Nicholas Tasunungurwa

Minister of State for National Security in the President's Office (former
Security Minister), born 1.8.1946

18. Gula-Ndebele, Sobuza

Chairman of Electoral Supervisory Commission

19. Gumbo, Rugare Eleck Ngidi

Minister of State for State Enterprises and Parastatals in the President's
Office (former Deputy Minister of Home Affairs, born 8.3.1940

20. Hove, Richard

ZANU (PF) Politburo Secretary for Economic Affairs, born 1935

21. Hungwe, Josaya (a.k.a. Josiah) Dunira

Provincial Governor: Masvingo, born 7.11.1935

22. Kangai, Kumbirai

ZANU (PF) Politburo Committee Member, born 17.2.1938

23. Karimanzira, David Ishemunyoro Godi

ZANU (PF) Politburo Secretary for Finance, born 25.5.1947

24. Kasukuwere, Saviour

ZANU (PF) Politburo Deputy-Secretary for Youth Affairs, born
23.10.1970

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25. Kuruneri, Christopher Tichaona

Minister of Finance and Economic Development
Minister of Finance and Economic Development), born 4.4.1949

(former Deputy

26. Langa, Andrew

Deputy Minister of Transport and Communications

27. Lesabe, Thenjiwe V.

ZANU (PF) Politburo Secretary for Women's Affairs, born 1933

28. Machaya, Jason (a.k.a. Jaison) Max Kokerai

Deputy Minister of Mines and Mining Development, born 13.6.1952

29. Made, Joseph Mtakwese

Minister of Agriculture and Rural Development (former Minister of
Lands, Agricultural and Rural Resettlement), born 21.11.1954

30. Madzongwe, Edna (a.k.a. Edina)

ZANU (PF) Politburo Deputy Secretary for Production and Labour,
born 11.7.1943

31. Mahofa, Shuvai Ben

Deputy Minister for Youth Development, Gender and Employment
Creation, born 4.4.1941

32. Mahoso, Tafataona

Chair, Media Information Commission

33. Makoni, Simbarashe

34. Malinga, Joshua

35. Mangwana, Paul Munyaradzi

ZANU (PF) Politburo Deputy Secretary General for Economic Affairs
(former Minister of Finance), born 22.3.1950

ZANU (PF) Politburo Deputy Secretary for Disabled and Disadvan-
taged, born 28.4.1944

Minister of Public Service, Labour and Social Welfare (former Minister
of State for State Enterprises and Parastatals in the President's Office),
born 10.8.1961

36. Mangwende, Witness Pasichigare Madunda

Provincial Governor: Harare (former Minister
Communications), born 15.10.1946

for Transport and

37. Manyika, Elliot Tapfumanei

Minister without Portfolio (former Minister of Youth Development,
Gender and Employment Creation), born 30.7.1955

38. Manyonda, Kenneth Vhundukai

Deputy Minister of Industry and International Trade, born 10.8.1934

39. Marumahoko, Rueben

Deputy Minister of Energy and Power Development, born 4.4.1948

40. Masawi, Ephrahim Sango

Provincial Governor: Mashonaland Central

41. Masuku, Angeline

Provincial Governor: Matabeleland South (ZANU (PF) Politburo Secre-
tary for Disabled and Disadvantaged), born 14.10.1936

42. Mathema, Cain

Provincial Governor: Bulawayo

43. Mathuthu, T.

ZANU (PF) Politburo Deputy Secretary for Transport and Social
Welfare

44. Midzi, Amos Bernard (Mugenva)

Minister of Mines and Mining Development
Energy and Power Development), born 4.7.1952

(former Minister of

45. Mnangagwa, Emmerson Dambudzo

Speaker of Parliament, born 15.9.1946

46. Mohadi, Kembo Campbell Dugishi

Minister of Home Affairs (former Deputy Minister of Local Govern-
ment, Public Works and National Housing), born 15.11.1949

47. Moyo, Jonathan

48. Moyo, July Gabarari

Minister of State for Information and Publicity in the President's
Office, born 12.1.1957

Minister of Energy and Power Development (former Minister of Public
Service, Labour and Social Welfare), born 7.5.1950

49. Moyo, Simon Khaya

ZANU (PF) Politburo Deputy Secretary for Legal Affairs, born 1945

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50. Mpofu, Obert Moses

Provincial Governor: Matabeleland North (ZANU (PF) Politburo
Deputy Secretary for National Security), born 12.10.1951

51. Msika, Joseph W.

Vice-President, born 6.12.1923

52. Msipa, Cephas George

Provincial Governor: Midlands, born 7.7.1931

53. Muchena, Olivia Nyembesi (a.k.a. Nyem-
bezi)

Minister of State for Science and Technology in the President's Office
(former Minister of State in Vice-President Msika's Office), born
18.8.1946

54. Muchinguri, Oppah Chamu Zvipange

ZANU (PF) Politburo Secretary for Gender and Culture, born
14.12.1958

55. Mudede, Tobaiwa (Tonneth)

Registrar General, born 22.12.1942

56. Mudenge, Isack Stanilaus Gorerazvo

Minister of Foreign Affairs, born 17.12.1941

57. Mugabe, Grace

58. Mugabe, Sabina

59. Mujuru, Joyce Teurai Ropa

Spouse of Robert Gabriel Mugabe, born 23.7.1965

ZANU (PF) Politburo Senior Committee Member, born 14.10.1934

Minister of Water Resources and Infrastructural Development (former
Minister of Rural Resources
and Water Development), born
15.4.1955

60. Mujuru, Solomon T.R.

ZANU (PF) Politburo Senior Committee Member, born 1.5.1949

61. Mumbengegwi, Samuel Creighton

Minister of
Higher Education and Technology), born 23.10.1942

Industry and International Trade (former Minister of

62. Murerwa, Herbert Muchemwa

Minister of Higher and Tertiary Education (former Minister of Finance
and Economic Development), born 31.7.1941

63. Mushohwe, Christopher Chindoti

Minister of Transport and Communications (former Deputy Minister
of Transport and Communications, born 6.2.1954

64. Mutasa, Didymus Noel Edwin

Minister of Special Affiars in the President's Office in charge of the
Anti-Corruption and Anti-Monopolies Programme (former ZANU (PF)
Politburo Secretary for External Relations), born 27.7.1935

65. Mutinhiri, Ambros (a.k.a. Ambrose)

Minister of Youth Development, Gender and Employment Creation,
Retired Brigadier

66. Mutiwekuziva, Kenneth Kaparadza

Deputy Minister of Small and Medium Enterprises Development, born
27.5.1948

67. Muzenda, Tsitsi V.

ZANU (PF) Politburo Senior Committee Member, born 28.10.1922

68. Muzonzini, Elisha

Brigadier (former Director-General Central Intelligence Organisation),
born 24.6.1957

69. Ncube, Abedinico

Deputy Minister of Foreign Affairs, born 13.10.1954

70. Ndlovu, Naison K.

71. Ndlovu, Sikhanyiso

ZANU (PF) Politburo Secretary for Production and Labour, born
22.10.1930

ZANU (PF) Politburo Deputy Secretary for Commissariat, born
20.9.1949

72. Nhema, Francis

Minister of Environment and Tourism, born 17.4.1959

73. Nkomo, John Landa

Minister of Special Affairs in the President's Office

74. Nyambuya, Michael Reuben

Lieutenant General, Provincial Governor: Manicaland

75. Nyoni, Sithembiso Gile Glad

Minister of Small and Medium Enterprises Development
Minister of State for the Informal Sector), born 20.9.1949

(former

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76. Parirenyatwa, David Pagwese

77. Pote, Selina M.

78. Rusere, Tinos

Minister of Health and Child Welfare (former Deputy Minister), born
2.8.1950

ZANU (PF) Politburo Deputy Secretary for Gender and Culture

Deputy Minister for Water Resources and Infrastructural Development
(former Deputy Minister of Rural Resources and Water Development),
born 10.5.1945

79. Sakupwanya, Stanley

ZANU (PF) Politburo Deputy Secretary for Health and Child Welfare

80. Samkange, Nelson Tapera Crispen

Provincial Governor: Mashonaland West

81. Sekeramayi, Sydney (a.k.a. Sidney) Tigere

Minister of Defence, born 30.3.1944

82. Shamu,Webster

83. Shamuyarira, Nathan Marwirakuwa

Minister of State for Policy Implementation in the President's Office,
born 6.6.1945

ZANU (PF) Politburo Secretary for Information and Publicity, born
29.9.1928

84. Shiri, Perence

Air Marshal (Air Force), born 1.11.1955

85. Shumba, Isaiah Masvayamwando

Deputy Minister of Education, Sports and Culture, born 3.1.1949

86. Sibanda, Jabulani

Chair, National War Veterans Association, born 31.12.1970

87. Sibanda, Misheck Julius Mpande

Cabinet Secretary (successor to No. 93 Charles Utete), born 3.5.1949

88. Sibanda, Phillip Valerio (a.k.a. Valentine)

89. Sikosana, Absolom

90. Stamps, Timothy

Commander Zimbabwe National Army, Lieutenant General, born
25.8.1956

ZANU (PF) Politburo Secretary for Youth Affairs

Health Advisor in the Office of the President, born 15.10.1936

91. Tawengwa, Solomon Chirume

ZANU (PF) Politburo Deputy Secretary for Finance, born 15.6.1940

92. Tungamirai, Josiah T.

93. Utete, Charles

94. Zimonte, Paradzai

95. Zvinavashe, Vitalis

Minister of State for Indigenisation and Empowerment, Retired Air
Marshall (former ZANU (PF) Politburo Secretary for Empowerment
and Indigenisation), born 8.10.1948

Chairman of the Presidential Land Review Committee (former Cabinet
Secretary), born 30.10.1938

Prisons Director, born 4.3.1947

Retired General (former Chief of Defense Staff), born 27.9.1943