Council Common Position 2004/487/CFSP of 29 April 2004 concerning further restrictive measures in relation to Liberia
Date: 2004-04-29
Institutions: Council of the European Union
Subjects: Liberia, economic resources, foreign capital, head of State, international sanctions

L 162/116

EN

Official Journal of the European Union

30.4.2004

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

COUNCIL COMMON POSITION 2004/487/CFSP

of 29 April 2004

concerning further restrictive measures in relation to Liberia

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS COMMON POSITION:

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

Whereas:

Article 1

(1)

(2)

(3)

(4)

On 22 December 2003,
the UN Security Council
adopted UNSCR 1521 (2003), which revised the Security
Council's determination for action under Chapter VII by
in UNSCR 1343
terminating the measures
(2001) and related resolutions, and setting out revised
restrictive measures to be imposed against Liberia.

set out

On 10 February 2004 the Council adopted Common
restrictive
Position
measures against Liberia.

2004/137/CFSP (1)

concerning

Jewell Howard Taylor, and Charles Taylor,

On 12 March 2004, the UN Security Council adopted
UNSCR 1532 (2004), which imposed a freeze against
funds, other financial assets and economic resources
owned or controlled directly or indirectly by Charles
Taylor,
Jr.
and/or other individuals designated by the Committee
established pursuant to UNSCR 1521 (2003), including
funds, other financial assets and economic resources
held by entities owned or controlled, directly or indir-
ectly, by any of them or by any persons acting on their
behalf or at
their direction as designated by the
Committee established pursuant to UNSCR 1521.

1.
Under the conditions set out in UNSCR 1532 (2004), all
funds and economic resources owned or controlled, directly or
indirectly, by former Liberian President Charles Taylor, his
immediate family members, in particular Jewell Howard Taylor
and Charles Taylor, Jr., senior officials of the former Taylor
regime and by any natural persons, associated with them,
including funds, other financial assets and economic resources
held by entities owned or controlled, directly or indirectly, by
any of them or by any persons acting on their behalf or at
their direction, as designated by the Committee established by
paragraph 21 of UNSCR 1521 (2003) (‘the Committee’), 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 referred to in paragraph 1.

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;

The UN Security Council has expressed its intention to
consider whether and how to make available the funds
and economic resources frozen pursuant
to UNSCR
1532 (2004) to the Government of Liberia, once that
Government has established transparent accounting and
auditing mechanism to ensure the responsible use of
government revenue to benefit directly the people of
Liberia.

(b) exclusively for payment of reasonable professional fees and
incurred expense associated with the

reimbursement of
provision of legal services;

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

for routine holding or maintenance of
economic resources;

(5)

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

(1) OJ L 40, 12.2.2004, p. 35.

after notification by the relevant competent authority to the
Committee of
the intention to authorise, where appro-
priate, access to such funds and economic resources and in
the absence of a negative decision by the Committee within
two working days of such notification;

30.4.2004

EN

Official Journal of the European Union

L 162/117

(d) necessary for extraordinary expenses, provided that such
determination has been notified by the relevant competent
authority to the Committee and has been approved by the
Committee;

the

in which case

(e) the subject of a judicial administrative, or arbitral lien or
judgement,
funds and economic
resources may be used to satisfy that lien or judgement
provided that the lien or judgement was entered prior to
11 March 2004, is not for the benefit of a person referred
to in paragraph 1 or an individual or entity identified by
the Committee, and has been notified by the relevant
competent Authority to the Committee.

Paragraph 2 shall not apply to the addition to frozen

4.
accounts of:

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

(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.

Article 2

This Common Position shall take effect on the date of its adop-
tion.

Article 3

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

Done at Luxembourg, 29 April 2004.

For the Council

The President

M. McDOWELL