Council Common Position 2005/792/CFSP of 14 November 2005 concerning restrictive measures against Uzbekistan
Date: 2005-11-14
Institutions: Council of the European Union
Subjects: Uzbekistan, common foreign and security policy, export restriction, international sanctions, military cooperation, military equipment, technical cooperation

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

COUNCIL COMMON POSITION 2005/792/CFSP

of 14 November 2005

concerning restrictive measures against Uzbekistan

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in
particular Article 15 thereof,

Whereas:

(1)

(2)

(3)

(4)

On 23 May 2005 the Council strongly condemned the
excessive, disproportionate and indiscriminate use of
force by the Uzbek security forces during events in
Andijan in May and expressed its deep regret regarding
the failure of the Uzbek authorities to respond adequately
to the UN’s call for an independent international inquiry
into these events.

On 13 June 2005 the Council condemned the Uzbek
authorities’ refusal to allow an independent international
inquiry into the recent events in Andijan, reiterated its
conviction that a credible independent
international
inquiry should be held and urged the Uzbek authorities
to reconsider their position by the end of June 2005.

On 18 July the Council recalled its conclusions of May
23 and June 13 and expressed its regret that the Uzbek
authorities had not reconsidered their position by the
June. On that occasion
given deadline of the end of
the Council
it would be examining
measures against Uzbekistan, such as the introduction
of an embargo on exports to Uzbekistan of arms,
military equipment and equipment which might be
used for internal repression as well as other targeted
measures.

indicated that

On 3 October 2005, the Council again expressed its
the situation in Uzbekistan and
profound concern at
strongly condemned the Uzbek authorities’ refusal
to
inquiry into the
allow an independent
recent events
it
stated that
It
continued to place primary importance on a credible
and transparent independent international inquiry.

international
in Andijan in May.

(5)

(6)

(7)

In the light of the excessive, disproportionate and indis-
criminate use of
force by the Uzbek security forces
during the Andijan events, the Council has decided to
impose an embargo on exports to Uzbekistan of arms,
military equipment and other equipment that might be
used for internal repression.

The Council has also decided to implement restrictions
on admission to the European Union aimed at those
individuals who are directly responsible for the indiscri-
minate and disproportionate use of force in Andijan and
for the obstruction of an independent inquiry.

The Council has decided to implement these measures
for an initial period of one year. In the meantime, the
Council will review the measures in the light of any
significant changes to the current situation, in particular
with regard to:

(i)

the conduct and outcome of the ongoing trials of
those accused of precipitating and participating in
the disturbances in Andijan;

(ii)

the situation regarding the detention and harassment
of those who have questioned the Uzbek authorities’
version of events in Andijan;

(iii) Uzbek cooperation with any independent,

interna-
tional rapporteur appointed to investigate the distur-
bances in Andijan;

(iv) the outcome of

any independent,

international

inquiry,

and any action that demonstrates the willingness of the
Uzbek authorities to adhere to the principles of respect
for human rights, rule of law and fundamental freedoms.

(8)

Action by the Community is needed in order
implement certain measures,

to

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HAS ADOPTED THIS COMMON POSITION:

Article 1

types,

The sale, supply, transfer or export of arms and related
1.
materiel of all
including weapons and ammunition,
military vehicles and equipment, paramilitary equipment and
spare parts
to Uzbekistan 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.

aforementioned,

the

for

2.
The sale, supply, transfer or export of equipment, listed in
Annex I, which might be used for internal repression to Uzbe-
kistan shall be prohibited.

3.

It shall be prohibited:

(i)

to provide 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,
related to
and spare parts for
equipment which might be used for internal repression,
directly or indirectly to any natural or legal person, entity
or body in, or for use in Uzbekistan.

the aforementioned, or

(ii) to provide financing or

financial assistance related to
military activities, including in particular grants, loans and
export credit insurance,
for any sale, supply, transfer or
export of arms and related materiel, or for the provision
of related technical assistance, brokering services and other
services, or related to equipment which might be used for
internal repression, directly or indirectly to any natural or
legal person, entity or body in, or for use in Uzbekistan.

Article 2

1.

Article 1 shall not apply to:

(i)

the sale, supply, transfer or export of non-lethal military
equipment intended solely for humanitarian or protective
use, or for institution-building programmes of the UN, the
EU and the Community, or
for EU and UN crisis
management operations;

(iv) the provision of financing, financial assistance or technical
assistance related to equipment referred to at (i), (ii) and
(iii),

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

2.
Article 1 shall not apply to protective clothing, including
flak jackets and military helmets, temporarily exported to Uzbe-
kistan by United Nations personnel, personnel of the EU, the
Community or its Member States, representatives of the media
and humanitarian and development workers and associated
personnel for their personal use only.

Article 3

shall

take the necessary measures

1. Member States
to
prevent the entry into, or transit through, their territories of
listed in Annex II, directly responsible for
those individuals,
in
the
Andijan and the obstruction of an independent inquiry.

and disproportionate use of

indiscriminate

force

Paragraph 1 does not oblige a Member State to refuse its

2.
own nationals entry into its territory.

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

(i)

as host country of an international intergovernmental orga-
nisation;

(ii) as host country to an international conference convened by,

or under the auspices of, the United Nations; or

(iii) under a multilateral agreement conferring privileges and

immunities; or

(iv) under

the 1929 Treaty of Conciliation (Lateran pact)
concluded by the Holy See (State of the Vatican City) and
Italy.

(ii)

the supply,
transfer, or export of arms and equipment
referred to in Article 1 for the forces in Uzbekistan of
contributors to the International Security Assistance Force
(ISAF) and ‘Operation Enduring Freedom’ (OEF);

4.
Paragraph 3 shall apply also in cases where a Member
State is host country of the Organisation for Security and Coop-
eration in Europe (OSCE.).

(iii) the sale, supply, transfer or export of equipment which
might be used for internal repression, intended solely for
humanitarian or protective use;

5.
The Council shall be duly informed in all cases where a
Member State grants an exemption pursuant to paragraphs 3
or 4.

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6. 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 inter-
governmental meetings,
including those promoted by the
European Union, where a political dialogue is conducted that
directly promotes democracy, human rights and the rule of law
in Uzbekistan.

A Member State wishing to grant exemptions referred to
7.
in paragraph 6 shall notify the Council
in writing. The
exemption will be deemed to be granted unless one or more
of the Council Members raises an objection in writing within
two working days of receiving notification of the proposed
the Council
exemption.
members
acting by a
qualified majority, may decide to grant the proposed exemption.

that one or more of

an objection,

In the event

the Council,

raises

In cases where pursuant to paragraphs 3, 4, 6 and 7, a
8.
Member State authorises the entry into, or transit through, its
territory of persons listed in Annex II, the authorisation shall be
limited to the purpose for which it is given and to the persons
concerned thereby.

Article 4

No technical meetings scheduled in accordance with the Part-
nership and Cooperation Agreement establishing a partnership
between the European Communities and their Member States,

of the one part, and the Republic of Uzbekistan, of the other
part (1), shall take place.

Article 5

This Common Position shall apply for a period of 12 months. 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 6

This Common Position shall
adoption.

take effect on the date of

its

Article 7

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

Done at Brussels, 14 November 2005.

For the Council
The President

T. JOWELL

(1) OJ L 229, 31.8.1999, p. 3.

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ANNEX I

List of equipment which might be used for internal repression

Equipment for internal repression referred to in Article 1(2)

The list below does not comprise articles that have been specially designed or modified for military use.

1. Helmets providing ballistic protection, anti-riot helmets, anti-riot shields and ballistic shields and specially designed

components therefor.

2. Specially designed fingerprint equipment.

3. Power controlled searchlights.

4. Construction equipment provided with ballistic protection.

5. Hunting knives.

6. Specially designed production equipment to make shotguns.

7. Ammunition hand-loading equipment.

8. Communications intercept devices.

9. Solid-state optical detectors.

10. Image-intensifier tubes.

11. Telescopic weapon sights.

12. Smooth-bore weapons and related ammunition, other than those specially designed for military use, and specially

designed components therefor; except:

— signal pistols;

— air- and cartridge-powered guns designed as industrial tools or humane animal stunners.

13. Simulators for training in the use of firearms and specially designed or modified components and accessories

therefor.

14. Bombs and grenades, other than those specially designed for military use, and specially designed components

therefor.

15. Body armour, other than those manufactured to military standards or specifications, and specially designed

components therefor.

16. 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.

17. Water cannon and specially designed or modified components therefor.

18. Vehicles equipped with a water cannon.

19. Vehicles specially designed or modified to be electrified to repel borders and components therefor specially designed

or modified for that purpose.

20. Acoustic devices represented by the manufacturer or supplier as suitable for riot-control purposes, and specially

designed components therefor.

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21. 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.

22. 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.

23. 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.

24. Electronic equipment capable of detecting concealed explosives and specially designed components therefor; except:

— TV or X-ray inspection equipment.

25. Electronic jamming equipment specially designed to prevent the detonation by radio remote control of improvised

devices and specially designed components therefor.

26. 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).

27. Equipment and devices designed for explosive ordnance disposal; except:

— bomb blankets;

— containers designed for folding objects known to be, or suspected of being improvised explosive devices.

28. Night vision and thermal imaging equipment and image intensifier tubes or solid state sensors therefor.

29. Linear cutting explosive charges.

30. 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)

31. Software specially designed and technology required for all listed items.

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ANNEX II

List of persons referred to in Article 3 of this Common Position

1. Surname, First Name: Almatov, Zakirjan

Alias:

Sex: Male

Title, Function: Minister of Interior

Address (No, street, postal code, town, country): Tashkent, Uzbekistan

Date of birth: 10 October 1949

Place of birth (town, country): Tashkent, Uzbekistan

Passport or ID Number (including country that issued and date and place of issue): Passport No DA 0002600
(Diplomatic ppt)

Nationality: Uzbek

Other information (e.g. name of father and mother, fiscal number, telephone or fax number): None

2. Surname, First Name: Mullajonov, Tokhir Okhunovich

Alias: Alternative spelling for surname: Mullajanov

Sex: Male

Title, Function: First Deputy Interior Minister

Address (No, street, postal code, town, country): Tashkent, Uzbekistan

Date of birth: 10 October 1950

Place of birth (town, country): Ferghana, Uzbekistan

Passport or ID Number (including country that issued and date and place of issue): Passport No DA 0003586
(Diplomatic ppt) expires 05/11/2009

Nationality: Uzbek

Other information (e.g. name of father and mother, fiscal number, telephone or fax number): None

3. Surname, First Name: Gulamov, Kadir Gafurovich

Alias:

Sex: Male

Title, Function: Defence Minister

Address (No, street, postal code, town, country): Tashkent, Uzbekistan

Date of birth: 17 February 1945

Place of birth (town, country): Tashkent, Uzbekistan

Passport or ID Number (including country that issued and date and place of issue): Passport No DA 0002284
(Diplomatic ppt) expires 24/10/2005

Nationality: Uzbek

Other information (e.g. name of father and mother, fiscal number, telephone or fax number): None

4. Surname, First Name: Ruslan Mirzaev

Alias:

Sex: Male

Title, Function: National Security Council State Adviser

Address (No, street, postal code, town, country):

Date of birth:

Place of birth (town, country):

Passport or ID Number (including country that issued and date and place of issue):

Nationality:

Other information (e.g. name of father and mother, fiscal number, telephone or fax number):

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5. Surname, First Name: Saidullo Begaliyevich Begaliyev

Alias:

Sex: Male

Title, Function: Andizhan Regional Governor

Address (No, street, postal code, town, country):

Date of birth:

Place of birth (town, country):

Passport or ID Number (including country that issued and date and place of issue):

Nationality:

Other information (e.g. name of father and mother, fiscal number, telephone or fax number):

6. Surname, First Name: Kossimali Akhmedov

Alias:

Sex: Male

Title, Function: Major General

Address (No, street, postal code, town, country):

Date of birth:

Place of birth (town, country):

Passport or ID Number (including country that issued and date and place of issue):

Nationality:

Other information (e.g. name of father and mother, fiscal number, telephone or fax number):

7. Surname, First Name: Ergashev, Ismail Ergashevitch

Alias:

Sex: Male

Title, Function: Major General (Retired)

Address (No, street, postal code, town, country): Not known

Date of birth: 5 August 1945

Place of birth (town, country): Vali Aitachaga, Uzbekistan

Passport or ID Number (including country that issued and date and place of issue): No details

Nationality: Uzbek

Other information (e.g. name of father and mother, fiscal number, telephone or fax number): None

8. Surname, First Name: Pavel Islamovich Ergashev

Alias:

Sex: Male

Title, Function: Colonel

Address (No, street, postal code, town, country):

Date of birth:

Place of birth (town, country):

Passport or ID Number (including country that issued and date and place of issue):

Nationality:

Other information (e.g. name of father and mother, fiscal number, telephone or fax number):

9. Surname, First Name: Vladimir Adolfovich Mamo

Alias:

Sex: Male

Title, Function: Major General

Address (No, street, postal code, town, country):

Date of birth:

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Place of birth (town, country):

Passport or ID Number (including country that issued and date and place of issue):

Nationality:

Other information (e.g. name of father and mother, fiscal number, telephone or fax number):

10. Surname, First Name: Gregori Pak

Alias:

Sex: Male

Title, Function: Colonel

Address (No, street, postal code, town, country):

Date of birth:

Place of birth (town, country):

Passport or ID Number (including country that issued and date and place of issue):

Nationality:

Other information (e.g. name of father and mother, fiscal number, telephone or fax number):

11. Surname, First Name: Valeri Tadzhiev

Alias:

Sex: Male

Title, Function: Colonel

Address (No, street, postal code, town, country):

Date of birth:

Place of birth (town, country):

Passport or ID Number (including country that issued and date and place of issue):

Nationality:

Other information (e.g. name of father and mother, fiscal number, telephone or fax number):

12. Surname, First Name: Inoyatov, Rustam Raulovich

Alias:

Sex: Male

Title, Function: Chief of SNB (National Security Service),

Address (No, street, postal code, town, country): Tashkent, Uzbekistan

Date of birth: 22 June 1944

Place of birth (town, country): Sherabad, Uzbekistan

Passport or ID Number (including country that issued and date and place of issue): Passport No DA 0003171
(Diplomatic ppt); also diplomatic passport No 0001892 (expired 15/09/2004)

Nationality: Uzbek

Other information (e.g. name of father and mother, fiscal number, telephone or fax number): None