Council Common Position 2008/109/CFSP of 12 February 2008 concerning restrictive measures imposed against Liberia
Date: 2008-02-12
Institutions: Council of the European Union
Subjects: Liberia, arms control, economic sanctions, head of government, import restriction, international sanctions

L 38/26

EN

Official Journal of the European Union

13.2.2008

COUNCIL COMMON POSITION 2008/109/CFSP

of 12 February 2008

concerning restrictive measures imposed against Liberia

THE COUNCIL OF THE EUROPEAN UNION,

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

military vehicles and equipment, paramilitary equipment and
spare parts for the aforementioned, to Liberia by nationals of
Member States or from the territories of Member States or using
their flag vessels or aircraft shall be prohibited, whether or not
originating in their territories.

Whereas:

2.

It shall also be prohibited:

(1)

(2)

(3)

(4)

(5)

In 2003 the United Nations Security Council adopted
Resolution (UNSCR) 1521 (2003)
imposing restrictive
measures against Liberia. These measures were imple-
mented by Council Common Position 2004/137/CFSP
of 10 February 2004 concerning restrictive measures
against Liberia (1).

(a)

sell,

transfer

supply, or

to grant,
technical assistance,
brokering services and other services related to military
activities and to the provision, manufacture, maintenance
and use of items in paragraph 1, directly or indirectly to
any person, entity or body in, or for use in, Liberia;

Following the adoption of UNSCR 1683 (2006) and
UNSCR 1731 (2006),
the Council adopted Common
Position 2006/518/CFSP of 24 July 2006 modifying
and renewing certain restrictive measures
imposed
against Liberia (2), and Common Position 2007/93/CFSP
of 12 February 2007 modifying and renewing Common
Position 2004/137/CFSP
restrictive
measures imposed against Liberia (3) respectively.

concerning

the

In the light of the developments in Liberia, the United
Nations Security Council adopted on 19 December 2007
UNSCR 1792 (2007) renewing the restrictive measures
on arms and on travel for a further period of 12 months.
UNSCR 1792 (2007) also introduces an obligation to
notify the Committee established by paragraph 21 of
UNSCR 1521 (2003) upon delivery of all arms and
related materiel supplied in accordance with paragraph
2(e) or 2(f) of UNSCR 1521 (2003), paragraph 2 of
UNSCR 1683 (2006), or paragraph 1(b) of UNSCR
1731 (2006).

For the sake of clarity, the abovementioned measures
should be consolidated into a single legal act.

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

to

(b) to provide financing or

financial assistance related to
military activities, including in particular grants, loans and
for any sale, supply, transfer or
export credit insurance,
export of items in paragraph 1, directly or indirectly to
any person, entity or body in, or for use in Liberia.

Article 2

1.

Article 1 shall not apply to:

(a) arms and related materiel and technical

training and
assistance intended solely for support of or use by the
United Nations Mission in Liberia;

(b) arms and related materiel and technical

training and
assistance intended solely for support of or use in an inter-
national training and reform programme for the Liberian
armed forces and police, as approved in advance by the
Committee established by paragraph 21 of UNSCR 1521
(2003) (the Sanctions Committee);

HAS ADOPTED THIS COMMON POSITION:

Article 1

(c) non-lethal military equipment intended solely for humani-
tarian or protective use, and related technical assistance or
training,
the Sanctions
approved in advance by
as
Committee;

1.
materiel of all

The sale, supply, transfer or export of arms and related
including weapons and ammunition,

types,

(1) OJ L 40, 12.2.2004, p. 35. Common Position as last amended by
Common Position 2007/400/CFSP (OJ L 150, 12.6.2007, p. 15).

(2) OJ L 201, 25.7.2006, p. 36.
(3) OJ L 41, 13.2.2007, p. 17.

(d) protective clothing,

temporarily

including flak jackets and military
helmets,
exported to Liberia by United
Nations personnel, representatives of the media and huma-
nitarian and development workers and associated personnel,
for their personal use only;

13.2.2008

EN

Official Journal of the European Union

L 38/27

(e) weapons and ammunition already provided to members of
the Special Security Service (SSS) for training purposes and
remaining in the custody of the SSS for unencumbered
their transfer to the SSS
operational use, provided that
Sanctions
the
in advance
had
Committee and technical and financial assistance related
to such weapons and ammunition;

been approved

by

(f) weapons and ammunition intended for use by members of
the Government of Liberia police and security forces who
have been vetted and trained since the inception of the
United Nations Mission in Liberia, provided that such
supplies have been approved in advance by the Sanctions
Committee, upon a joint request by the Government of
Liberia
and
financial assistance related to such weapons and ammu-
nition;

exporting State,

and technical

and the

(g) non-lethal military

equipment other

than non-lethal
weapons and ammunition, as notified in advance to the
Sanctions Committee, intended solely for use by members
of the Government of Liberia police and security forces who
have been vetted and trained since the inception of the
United Nations Mission in Liberia in October 2003.

2.
The supply, sale or transfer of arms and related material
or the provision of services, referred to in paragraph 1(a), (b),
(c), (e), (f) and (g) shall be subject to an authorisation granted by
the competent authorities of the Member States. Member States
shall consider deliveries under paragraph 1(a), (b), (c), (e), (f) and
(g) on a case-by-case basis, taking full account of the criteria set
out in the European Union code of conduct on arms exports.
Member States shall require adequate safeguards against misuse
of authorisation granted pursuant to this paragraph and, where
appropriate, make provisions for repatriation of the delivered
arms and related material.

stability in Liberia and the subregion including those
former President Charles Taylor’s
senior members of
Government and their spouses and members of Liberia’s
former armed forces who retain links to former President
Charles Taylor;

(b) are in violation of

including weapons

the prohibition on the sale, supply,
transfer or export of arms and related material of all
ammunition, military
types,
vehicles and equipment, paramilitary equipment and spare
parts for the aforementioned, or of the prohibition on the
provision of technical training or assistance related to the
provision, manufacture, maintenance, or use of such items;

and

(c) provide financial or military support to armed rebel groups
in Liberia or in countries in the region, or are associated
with entities so doing.

Nothing in paragraph 1 shall oblige a State to refuse entry

2.
into its territory of its own nationals.

apply where

the Sanctions
3.
Paragraph 1 shall not
Committee determines that travel
is justified on the grounds
of humanitarian need, including religious obligation, or where
the Committee concludes that an exemption would otherwise
further the objectives of the UN Security Council’s Resolutions,
for the creation of peace, stability and democracy in Liberia and
lasting peace in the subregion.

Article 4

its
This Common Position shall
take effect on the date of
adoption. It shall be amended or repealed as appropriate,
in
light of determinations made by the United Nations Security
Council.

3. Member States shall notify the Sanctions Committee upon
delivery of all arms and related materiel supplied in accordance
with paragraph 1(b), (c), (f) and (g).

Article 5

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

Article 3

1. Member States
to
prevent entry into, or transit through, their territories of all
the individuals, designated by the Sanctions Committee, who:

take the necessary measures

shall

(a) constitute a threat to the peace process in Liberia, or are
engaged in activities aimed at undermining peace and

Done at Brussels, 12 February 2008.

For the Council
The President

A. BAJUK