Council Regulation (EC) No 872/2004 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, economic sanctions, head of State, international sanctions

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COUNCIL REGULATION (EC) No 872/2004

of 29 April 2004

concerning further restrictive measures in relation to Liberia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Articles 60 and 301 thereof,

Having regard to Council Common Position 2004/487/CFSP of
29 April 2004 concerning the freezing of funds of the former
Liberian President Charles Taylor and those persons and entities
associated with him, (1)

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

On 10 February 2004, following the adoption by the
United Nations Security Council of UNSCR 1521
(2003), setting out revised measures regarding Liberia to
take into account
the situation in
the evolution of
Liberia and in particular the departure of former Presi-
dent Charles Taylor, and the adoption of Council
Common Position 2004/137/CFSP of 10 February 2004
concerning restrictive measures against Liberia (2), the
Council adopted Regulation 234/2004 imposing restric-
tive measures in respect of Liberia (3).

UNSCR 1532 (2004) of 12 March 2004 provides that
funds and economic resources owned or controlled by
former Liberian President Charles Taylor, Jewell Howard
Taylor and Charles Taylor Jr, other immediate family
members, his former senior officials and other close
allies and associates as designated by the Committee of
the Security Council established pursuant to paragraph
21 of UNSCR 1521 (2003) should be frozen.

The actions and policies of former Liberian President
Charles Taylor and other persons,
in particular their
depletion of Liberian resources and their removal from
Liberia and secreting of Liberian funds and property
from that country, have undermined Liberia's transition
to democracy and the orderly development of its poli-
tical, administrative, and economic institutions and
resources.

In view of the negative impact on Liberia of the transfer
abroad of misappropriated funds and assets, and the use
of such misappropriated funds by Charles Taylor and his
associates to undermine peace and stability in Liberia
and the region, the freezing of the funds of Charles
Taylor and his associates is necessary.

(1) See page 116 of this Official Journal.
(2) OJ L 40, 12.2.2004, p. 35.
(3) OJ L 40, 12.2.2004, p. 1.

(5)

(6)

(7)

(8)

Common Position 2004/487/CFSP provides
the
implementation of the freezing of funds and economic
resources of the former Liberian President Charles Taylor
and his immediate family members, his former senior
officials and other close allies and associates.

for

These measures fall within the scope of the Treaty and,
therefore, in order to avoid any distortion of competi-
tion, Community legislation is necessary to implement
them as far as the Community is concerned. For the
purpose of this Regulation, the territory of the Com-
munity should be deemed to encompass the territories
of the Member States to which the Treaty is applicable,
under the conditions laid down in that Treaty.

Common Position 2004/487/CFSP also provides that
certain exemptions from the freezing requirement can
be granted for humanitarian purposes or the satisfaction
of
liens or judgments entered prior to the date of
UNSCR 1532 (2004).

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.

(9)

In order to ensure that the measures provided for in this
Regulation are effective,
this Regulation should enter
into force on the day of its publication,

HAS ADOPTED THIS REGULATION:

Article 1

For the purposes of this Regulation, the following definitions
shall apply:

1.

‘Sanctions Committee’ means: the Committee of the Security
Council of
the United Nations which was established
pursuant to paragraph 21 of UNSCR 1521 (2003);

2.

‘funds’ means financial assets and benefits of every kind,
including but not limited to:

(a) cash, cheques, claims on money, drafts, money orders

and other payment instruments;

(b) deposits with financial

institutions or other entities,

balances on accounts, debts and debt obligations;

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(c) publicly and privately traded securities and debt instru-
ments,
including stocks and shares, certificates repre-
senting securities, bonds, notes, warrants, debentures
and derivatives contracts;

The participation, knowingly and intentionally, in activ-
3.
ities the object or effect of which is, directly or indirectly, to
circumvent the measures referred to in paragraphs 1 and 2
shall be prohibited.

(d) interest, dividends or other income on or value accruing

from or generated by assets;

(e) credit, right of set-off, guarantees, performance bonds or

other financial commitments;

(f) letters of credit, bills of lading, bills of sale;

(g) documents evidencing an interest in funds or financial

resources;

(h) any other instrument of export-financing;

3.

‘freezing of funds’ means preventing any move, transfer,
alteration, use of, access to, or dealing with funds in any
way that would result
in any change in their volume,
amount, location, ownership, possession, character, destina-
tion or other change that would enable the funds to be
used, including portfolio management;

4.

‘economic resources’ means assets of every kind, whether
tangible or intangible, movable or immovable, which are
not
funds but can be used to obtain funds, goods or
services;

5.

‘freezing of economic resource’ means preventing their use
to obtain funds, goods or services in any way, including, but
not limited to, the selling, hiring or mortgaging of them.

Article 3

By way of derogation from Article 2,

1.
the competent
authorities of the Member States, as listed in Annex II, may
authorise the release of certain frozen funds or economic
resources or the making available of certain frozen funds or
economic resources, if the competent authority has determined
that the funds or economic resources concerned are:

(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;

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

for routine holding or maintenance of
economic resources,

and economic

provided it has notified the intention to authorise access to
such funds
Sanctions
Committee and has not received a negative decision by the
Sanctions Committee within two working days of such notifica-
tion.

resources

to the

Article 2

All funds and economic resources owned, or controlled,
1.
directly or indirectly, by former Liberian President Charles
Taylor, Jewell Howard Taylor and Charles Taylor Jr, and by the
following persons and entities, as designated by the Sanctions
Committee and listed in Annex I, shall be frozen:

(a) other immediate family members of former Liberian Presi-

dent Charles Taylor;

(b) senior officials of the former Taylor regime, and other close

allies and associates;

(c) legal persons, bodies or entities owned or controlled,
directly or indirectly by the persons referred to above;

(d) any natural or legal person acting on behalf or at the direc-

tion of the persons referred to above.

By way of derogation from Article 2,

2.
the competent
authorities of the Member States, as listed in Annex II, may
authorise the release of certain frozen funds or economic
resources or the making available of certain frozen funds or
economic resources, if the competent authority has determined
that the funds or economic resources are necessary for extraor-
dinary expenses, and provided that competent authority has
notified that determination to the Sanctions Committee and
that the determination has been approved by that Committee.

Article 4

By way of derogation from Article 2, the competent authorities
of the Member States, as listed in Annex II, may authorise the
release of certain frozen funds or economic resources, if the
following conditions are met:

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

(a) the funds or economic resources are subject of a judicial,
administrative or arbitral lien established prior to 12 March
2004 or of a judicial, administrative or arbitral judgment
rendered prior to that date;

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(b) the funds or economic resources will be used exclusively to
satisfy claims secured by such a lien or recognised as valid
in such a judgment, within the limits set by applicable laws
and regulations governing the rights of persons having
such claims;

(c) the lien or judgment is not for the benefit of a person,
entity or body designated by the Sanctions Committee and
mentioned in Annex I;

(d) recognising the lien or judgement is not contrary to public

policy in the Member State concerned.

(e) the competent authority has notified the lien or judgement

to the Sanctions Committee.

Article 5

The relevant competent authority shall inform the competent
authorities of the other Member States and the Commission of
any authorisation granted under Articles 3 and 4.

Article 6

Article 2 (2) shall not apply to the addition to frozen 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 this Regulation,

Any additional

information directly received by the
2.
Commission shall be made available to the competent authori-
ties of the Member State concerned.

3.
Any information provided or received in accordance with
this Article shall be used only for the purposes for which it was
provided or received.

Article 9

The freezing of funds and economic resources or the refusal to
make funds or economic resources available, carried out in
good faith on the basis that such action is in accordance with
this Regulation, shall not give rise to liability of any kind on
the part of the natural or legal person or entity implementing
it, or its directors or employees, unless it is proved that the
funds and economic resources were frozen as result of negli-
gence.

Article 10

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

Article 11

provided that any such interest, other earnings and payments
are frozen in accordance with Article 2(1).

The Commission shall be empowered to:

Article 7

the crediting of

the frozen
Article 2(2) shall not prevent
accounts by financial institutions that receive funds transferred
by third parties to the account of the listed person or entity,
provided that any such additions to such accounts will also be
frozen. The financial
inform the competent
institution shall
authorities about such transactions without delay.

Article 8

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) supply immediately any information which would facilitate
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
II where they are resident or located, and shall transmit
such information, directly or through these competent
authorities, to the Commission;

(a) amend Annex I on the basis of determinations made by
either the United Nations Security Council or the Sanctions
Committee; and

(b) amend Annex II on the basis of information supplied by

Member States.

Article 12

The Member States shall
lay down the rules on sanctions
applicable to infringements of the provisions of this Regulation
and shall take all measures necessary to ensure that they are
implemented. The sanctions provided for must be effective,
proportionate and dissuasive. The Member States shall notify
those rules to the Commission without delay after the entry
into force of this Regulation and shall notify it of any subse-
quent amendment.

Article 13

This Regulation shall apply:

(a) within the territory of

the Community,

including its

airspace;

(b) cooperate with the competent authorities listed in Annex II

(b) on board any aircraft or any vessel under the jurisdiction of

in any verification of this information.

a Member State;

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(c) to any person inside or outside the territory of the Com-

munity who is a national of a Member State;

(d) to any legal person, group or entity which is incorporated

or constituted under the law of a Member State;

(e) to any legal person, group or entity doing business within

the Community.

Article 14

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

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

Done at Luxembourg, 29 April 2004.

For the Council

The President

M. McDOWELL

ANNEX I

List of natural and legal persons, bodies or entities referred to in Article 2

Name

Date of birth

Place of birth

Others

Charles Ghankay Taylor, Senior,
Former President of Liberia

Jewell Howard Taylor,
Wife Former President Taylor

Charles Taylor Junior
Son of Former President Taylor

1.9.1947

17.1.1963

Liberia

Liberia

Liberia

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ANNEX II

List of competent authorities referred to in Articles 3, 4, 5, 7 and 10

BELGIUM

Service Public Fédéral des Finances
Administration de la Trésorerie
30 Avenue des Arts
B-1040 Bruxelles
Fax 00 32 2 233 74 65
E-mail: Quesfinvragen.tf@minfin.fed.be

DENMARK

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

GERMANY

Concerning freezing of funds:

Deutsche Bundesbank
Servicezentrum Finanzsanktionen
Postfach
D — 80281 München
Tel. (49-89) 2889 3800
Fax (49-89) 350163 3800

Concerning goods:

Bundesamt für Wirtschafts- und Ausfuhrkontrolle (BAFA)
Frankfurter Strasse, 29-35
D-65760 ESCHBORN
Tel. (49-61) 969 08-0
Fax (49-61) 969 08-800

GREECE

A. Freezing of Assets

Ministry of Economy and Finance
General Directory of Economic Policy
Address: 5 Nikis Str., 101 80
Athens.- Greece
Tel.: + 30 210 3332786
Fax: + 30 210 3332810

A. Α. ∆ΕΣΜΕΥΣΗ ΚΕΦΑΛΑΙΩΝ

Υπουργείο Οικονοµίας και Οικονοµικών
Γενική ∆/νση Οικονοµικής Πολιτικής
∆/νση: Νίκης 5, ΑΘΗΝΑ 101 80
Τηλ.: + 30 210 3332786
Φαξ: + 30 210 3332810

B.

Import- Export restrictions

Ministry of Economy and Finance
General Directorate for Policy Planning and Management
Address Kornaroy Str., 105 63 Athens
Tel.: + 30 210 3286401-3
Fax.: + 30 210 3286404

B. ΠΕΡΙΟΡΙΣΜΟΙ ΕΙΣΑΓΩΓΩΝ — ΕΞΑΓΩΓΩΝ

Υπουργείο Οικονοµίας και Οικονοµικών
Γενική ∆/νση Σχεδιασµού και ∆ιαχείρισης Πολιτικής
∆/νση: Κορνάρου 1, Τ.Κ. 105 63
Αθήνα — Ελλάς
Τηλ.: + 30 210 3286401-3
Φαξ: + 30 210 3286404

SPAIN

Dirección General del Tesoro y Política Financiera
Subdirección General de Inspección y Control de Movimientos de Capi-
tales
Ministerio de Economía
Paseo del Prado, 6
E — 28014 Madrid
Tel. (00-34) 912 09 95 11
Fax (00-34) 912 09 96 56

FRANCE

Ministère de l'économie, des finances et de l'industrie
Direction générale des douanes et des droits indirects
Cellule embargo — Bureau E2
Tél.: (33) 1 44 74 48 93
Télécopie: (33) 1 44 74 48 97

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
75572 Paris Cedex 12
Tel.: (33) 1 44 87 72 85
Télécopie: (33) 1 53 18 96 37

Ministère des Affaires étrangères
Direction de la coopération européenne
Sous-direction des relations extérieures de la Communauté
Tél.: (33) 1 43 17 44 52
Télécopie: (33) 1 43 17 56 95
Direction générale des affaires politiques et de sécurité
Service de la Politique Etrangère et de Sécurité Commune
Tél.: (33) 1 43 17 45 16
Télécopie: (33) 1 43 17 45 84

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
80 St. Stephen's Green
Dublin 2
Tel: (353-1) 408 2153
Fax: (353-1) 408 2003

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ITALY

Ministero degli Affari Esteri
Piazzale della Farnesina, 1 — 00194 Roma
D.G.A.S. — Ufficio II
Tel. (39) 06 3691 7334
Fax. (39) 06 3691 5446

Ministero degli Affari Esteri
Piazzale della Farnesina, 1 — 00194 Roma
D.G.A.O. — Ufficio II
Tel. (39) 06 3691 3820
Fax. (39) 06 3691 5161
U.A.M.A.
Tel. (39) 06 3691 3605
Fax. (39) 06 3691 8815

Ministero dell'Economia e delle finanze
Dipartimento del Tesoro
Comitato di Sicurezza Finanziaria
Via XX Settembre, 97 — 00187 Roma
Tel. (39) 06 4761 3942
Fax. (39) 06 4761 3032

Ministero della attivita'produttive
Direzione Generale Politica Commerciale
Viale Boston, 35 — 00144 Roma
Tel. (39) 06 59931
Fax. (39) 06 5964 7531
Firma e funzione: Ferdinando Nelli Feroci, Direttore Generale per l'Inte-
graxione Europea

LUXEMBOURG

Ministère des Affaires Etrangères
Direction des Relations internationales
6, rue de la Congrégation
L-1352 LUXEMBOURG
Tel. (352) 478 23 46
Fax (352) 22 20 48

Ministère des Finances
3, rue de la Congrégation
L — 1352 Luxembourg
Tel. (352) 478 27 12
Fax (352) 47 52 41

NETHERLANDS

Ministerie van Financiën
Directie Financiële Markten, afdeling Integriteit
Postbus 20201
2500 EE Den Haag
Tel 070-342 8997
Fax: 070-342 7984

AUSTRIA

Oesterreichische Nationalbank
Otto Wagner Platz 3
A-1090 Wien
Tel. (01-4042043 1) 404 20-0
Fax (43 1) 404 20 — 73 99

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) 218 82 32 40/47
Fax (351) 218 82 32 49

FINLAND

Ulkoasiainministeriö/Utrikesministeriet
PL/PB 176
00161 Helsinki/Helsingfors
Tel. (358) 9 16 05 59 00
Fax (358) 9 16 05 57 07

SWEDEN

Finansinspektionen
Box 6750
SE- 113 85 Stockholm
Sweden
Tel. 46 +(0)8-787 80 00
Fax 46 +(0)8-24 13 35

Riksförsäkringsverket
SE-103 51 Stockholm
Sweden
Tel. 46 +(0)8-786 90 00
Fax 46 +(0)8-411 27 89

UNITED KINGDOM

HM Treasury
Financial Systems and International Standards
1, Horse Guards Road
London SW1A 2HQ
United Kingdom
Tel. (44-207) 270 5977
Fax (44-207) 270 5430

Bank of England
Financial Sanctions Unit
Threadneedle Street
London EC2R 8AH
United Kingdom
Tel. (44-207) 601 4607
Fax (44 207) 601 4309