Proposal for a Council Regulation imposing certain restrictive measures on the illegal authorities of the island of Anjouan in the Union of the Comoros
Date: 2008-02-26
Institutions: European Commission
Subjects: Comoros, economic sanctions, natural person, trade restriction

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.2.2008 
COM(2008) 126 final 

Proposal for a 

COUNCIL REGULATION 

imposing certain restrictive measures on the illegal authorities of the island of Anjouan 
in the Union of the Comoros 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

2. 

3. 

4. 

Considering  the situation on the  island of  Anjouan in the Comoros, and in view of 
the measures taken by the Peace and Security Council of the African Union and its 
request  to  the  EU  for  support,  the  Council  decided,  on  XX/XX/2008,  to  impose 
restrictive  measures  on  the  illegal  authorities  of  Anjouan  and  certain  associated 
persons who are obstructing the process of reconciliation and threatening peace and 
security in the Comoros. 

Common Position 2008/XXX/CFSP provides inter alia for the freezing of the funds 
and economic resources of the persons specified by the Council. 

The freezing of funds and economic resources of designated persons falls within the 
scope of the Treaty. The Commission therefore proposes to implement it by means of 
a Council Regulation. 

This  Regulation  should  be  accompanied  by  a  notice  regarding  procedures  for 
updating the lists of persons subject to the restrictive measures. 

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Proposal for a 

COUNCIL REGULATION 

imposing certain restrictive measures on the illegal authorities of the island of Anjouan in the 
Union of the Comoros 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Articles 60 and 
301 thereof, 

Having  regard  to  Common  Position  2008/XXX/CFSP  concerning  restrictive  measures  against  the 
illegal authorities of the island of Anjouan in the Union of the Comoros1, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

On 25 October 2007, by letter addressed to the Secretary General/High Representative, the 
President  of  the  African  Union  Commission  asked  for  the  support  of  the  European  Union 
and  its  Member  States  in  the  enforcement  of  the  sanctions  imposed  by  the  Peace  and 
Security  Council  of  the  African  Union  on  the  illegal  authorities  of  Anjouan  and  certain 
associated persons. 

Common Position 2008/XXX/CFSP provides for restrictive measures to be imposed on the 
illegal  authorities  of  Anjouan  and  certain  associated  persons.  The  restrictive  measures 
provided  for  in  Common  Position  2008/XXX/CFSP  include  freezing  funds  and  economic 
resources belonging to the persons concerned. 

This  measure  falls  within  the  scope  of  the  Treaty  establishing  the  European  Community. 
Accordingly,  notably  with  a  view  to  ensuring  their  uniform  application  by  economic 
operators  in  all  Member  States,  Community  legislation  is  necessary  to  implement  them  as 
far as the Community is concerned. 

For reasons of expediency, the Commission should be empowered to publish and amend the 
list of persons, entities and bodies whose funds and economic resources should be frozen. 

This  Regulation  should  enter  into  force  on  the  day  of  its  publication  to  ensure  the 
effectiveness of the measures for which it provides, 

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OJ L XXX, XXX.2008, p. XX. 

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HAS ADOPTED THIS REGULATION: 

Article 1 

1. 

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

(a) 

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

(i) 

cash,  cheques,  claims  on  money,  drafts,  money  orders  and  other  payment 
instruments; 

(ii)  deposits with financial institutions or other entities, balances on accounts, debts 

and debt obligations; 

(iii)  publicly- and privately-traded securities and debt instruments, including stocks 
and  shares,  certificates  representing  securities,  bonds,  notes,  warrants, 
debentures and derivatives contracts; 

(iv) 

interest, dividends or other income on or value accruing from or generated by 
assets; 

(v) 

credit,  right  of  set-off,  guarantees,  performance  bonds  or  other  financial 
commitments; 

(vi) 

letters of credit, bills of lading, bills of sale; 

(vii)  documents evidencing an interest in funds or financial resources; 

(b) 

(c) 

(d) 

‘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, destination or other change that 
would enable the funds to be used, including portfolio management; 

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

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

(e) 

‘territory of the Community’ means the territories of the Member States to which the 
Treaty is applicable, under the conditions laid down in the Treaty. 

Article 2 

All funds and economic resources belonging to, owned, held or controlled by the natural 
and legal persons, entities and bodies listed in Annex I shall be frozen.  

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 Annex I. 

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3. 

4. 

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

The prohibition set out in paragraph 2 shall not give rise to liability of any kind on the part 
of  the  natural  or  legal  persons  or  entities  concerned,  if  they  did  not  know,  and  had  no 
reasonable cause to suspect, that their actions would infringe this prohibition. 

Article 3 

1. 

Article 2(2) shall not apply to the addition to frozen accounts of: 

(a) 

interest or other remuneration on those accounts; 

2. 

1. 

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

provided  that  any  such  interest,  other  earnings  and  payments  continue  to  be  subject  to 
Article 2(1). 

Article  2(2)  shall  not  prevent  financial  or  credit  institutions  in  the  Community  from 
crediting  frozen  accounts  where  they  receive  funds  transferred  by  third  parties  to  the 
account  of  a  listed  natural  or  legal  person,  entity  or  body,  provided  that  any  additions  to 
such accounts are also frozen. The financial or credit institution shall inform the competent 
authorities about such transactions without delay. 

Article 4 

The  competent  authorities  in  the  Member  States,  as  indicated  in  the  websites  listed  in 
Annex II, may authorise the release of certain frozen funds or economic resources or the 
making  available  of  certain  funds  or  economic  resources,  under  such  conditions  as  they 
deem appropriate, provided that the funds or economic resources concerned are: 

(a) 

(b) 

(c) 

necessary to satisfy the basic needs of persons listed in Annex I and their dependent 
family members, including payments for foodstuffs, rent or mortgage, medicines and 
medical treatment, taxes, insurance premiums, and public utility charges; 

intended exclusively for payment of reasonable professional fees and reimbursement 
of incurred expenses associated with the provision of legal services;  

intended  exclusively  for  payment  of  fees  or  service  charges  for  routine  holding  or 
maintenance of frozen funds or economic resources; 

(d)  necessary for extraordinary expenses, provided that the Member State concerned has 
notified  the  other  Member  States  and  the  Commission  of  the  grounds  on  which  it 
considers that a specific authorisation should be granted at least two weeks before the 
authorisation. 

2. 

Member  States  shall  inform  the  other  Member  States  and  the  Commission  of  any 
authorisation granted under paragraph 1. 

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Article 5 

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 a result of negligence. 

Article 6 

1. 

Without  prejudice  to  the  applicable  rules  concerning  reporting,  confidentiality  and 
professional secrecy, natural and legal persons, entities and bodies shall:  

(a) 

supply  immediately  the  competent  authorities  indicated  in  the  websites  listed  in 
Annex  II  where  they  are  resident  or  located  with  any  information  which  would 
facilitate  compliance  with  this  Regulation,  such  as  accounts  and  amounts  frozen  in 
accordance  with  Article  2,  and  shall  forward  such  information,  directly  or  through 
these competent authorities, to the Commission; 

(b) 

cooperate with the competent authorities indicated in the websites listed in Annex II 
in any verification of this information. 

2. 

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 7 

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  violations  and 
enforcement problems and judgments handed down by national courts. 

1. 

The Commission shall be empowered to: 

Article 8 

(a) 

amend Annex I on the basis of decisions taken in respect of the Annex to Common 
Position 2008/…/CFSP; 

(b) 

amend Annex II on the basis of information supplied by Member States. 

2. 

A notice shall be published regarding the procedures for submitting information in relation 
to Annex I1.  

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OJ C […], […], p. […]. 

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1. 

2. 

1. 

2. 

Article 9 

Member  States  shall  lay  down  the  rules  on  penalties  applicable  to  infringements  of  this 
Regulation and shall take all measures necessary to ensure that they are implemented. Such 
sanctions shall be effective, proportionate and dissuasive. 

Member States shall notify the Commission of those rules without delay after the entry into 
force of this Regulation and shall notify it of any subsequent amendment. 

Article 10 

Member States shall designate the competent authorities referred to in this Regulation and 
identify them in, or through, the websites listed in Annex I. 

Member  States  shall  notify  the  Commission  of  their  competent  authorities  without  delay 
after the entry into force of this Regulation and shall notify it of any subsequent changes. 

This Regulation shall apply: 

Article 11 

(a) 

(b) 

(c) 

(d) 

(e) 

within the territory of the Community, including its airspace; 

on board any aircraft or any vessel under the jurisdiction of a Member State; 

to  any  person  inside  or  outside  the  territory  of  the  Community  who  is  a  national  of  a 
Member State; 

to any legal person, entity or body which is incorporated or constituted under the law of a 
Member State; 

to  any  legal  person,  entity  or  body  in  respect  of  any  business  done  in  whole  or  in  part 
within the Community. 

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

Article 12 

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

Done at Brussels, […] 

For the Council 
The President 

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List of persons, entities and bodies referred to in Articles 2, 3 and 4 

ANNEX I  

Organisation 
Sex 
Function 
Place of birth 
Date of birth 
Passport No: 

Organisation 
Sex 
Function 
Place of birth 
Date of birth 
Passport No:  

Organisation 
Sex 
Function 
Place of birth 
Date of birth 
Passport No:  

Organisation 
Sex 
Function 
Place of birth 
Date of birth 
Passport No: 

Organisation 
Sex 
Function 
Place of birth 
Date of birth 
Passport No: 

Organisation 
Sex 
Function 
Place of birth 
Date of birth 
Passport No: 

Mohamed Bacar 
M 
Self-proclaimed president, colonel 
Barakani 
5.5.1962 
01AB01951/06/160, date of issue: 1.12.2006 

Jaffar Salim 
M 
"Interior Minister" 
Mutsamudu 
26.06.1962 
06BB50485/20 950, date of issue: 1.2.2007 

Mohamed Abdou Madi 
M 
"Cooperation Minister" 
Mjamaoué 
1956 
05BB39478, date of issue: 1.8.2006 

Ali Mchindra 
M 
"Education Minister" 
Cuvette 
20.11.1958 
03819, date of issue: 3.7.2004 

Houmadi Souf 
M 
"Civil Service Minister" 
Sima 
1963 
51427, date of issue: 4.3.2007 

Rehema Boinali 
M 
"Energy Minister" 

1967 
540355, date of issue: 7.4.2007 

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Organisation 
Sex 
Function 

Place of birth 
Date of birth 
Passport No: 

Organisation 
Sex 
Function 

Place of birth 
Date of birth 
Passport No: 

Dhoihirou Halidi 
M 
Cabinet Secretary, person associated with the illegal government 
of Anjouan 
Bambao Msanga 
8.3.1965 
64528, date of issue: 19.9.2007 

Abdou Bacar 
M 
Lieutenant-Colonel,  person 
government of Anjouan 
Barakani 
2.5.1954 
54621, date of issue: 23.4.2007 

associated  with 

the 

illegal 

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Websites for information on the competent authorities referred to in Articles 4, 6 and 10 and 
address for notifications to the European Commission  

ANNEX II 

(to be completed by Member States) 

BELGIUM 

BULGARIA 

CZECH REPUBLIC 

DENMARK 

GERMANY 

ESTONIA 

IRELAND 

GREECE 

SPAIN 

FRANCE 

ITALY 

CYPRUS 

LATVIA 

LITHUANIA 

LUXEMBOURG 

HUNGARY 

MALTA 

NETHERLANDS 

AUSTRIA 

POLAND 

PORTUGAL 

ROMANIA 

SLOVENIA 

SLOVAKIA 

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FINLAND 

SWEDEN 

UNITED KINGDOM 

Address for notifications to the European Commission: 

Commission of the European Communities 
Directorate-General for External Relations 
Directorate A. Crisis Platform and Policy Coordination in CFSP 
Unit A.2. Crisis Management and Peace Building 
CHAR 12/108 
B-1049 Brussels 
Telephone: (32-2) 296.61.33/295.55.85 
Fax: (32-2) 299.08.73 

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Notice to be published in the C series of the Official Journal on the same day as 
publication of the Regulation 

Notice  for  the  attention  of  the  persons,  entities  and  bodies  on  the  lists  provided  for  in 
Articles 2, 3 and 4 of Council Regulation (EC) No XXX/2008 imposing certain restrictive 
measures  on  the  illegal  authorities  of  the  island  of  Anjouan  in  the  Union  of  the 
Comoros3

The Council of the European Union has established that the persons, entities and bodies listed 
in Annex I are:  

(a) 

members of the illegal government of Anjouan; 

(b) 

natural or legal persons, entities or bodies associated with them. 

Consequently, the Council has decided to enter these persons, entities and bodies on the list in 
Annex I.  

Council Regulation (EC) No XXX/2008 provides for the freezing of all funds, other financial 
assets and economic resources belonging to the persons, entities and bodies listed in Annex I 
and that no funds and economic resources may be made available to them, whether directly or 
indirectly.  

The attention of the persons, entities and bodies listed in Annex I is drawn to the possibility of 
making  an  application  to  the  competent  authorities  of  the  relevant  Member  State(s)  as 
indicated  in  the  websites  listed  in  Annex  II  to  the  Regulation  in  order  to  obtain  an 
authorisation to use frozen funds for essential needs or specific payments in accordance with 
Article 4 of that Regulation.  

The persons, entities and bodies concerned may submit at any time a request to the Council, 
together with any supporting documentation, that the decision to include and maintain them 
on the lists referred to above should be reconsidered, to the following address: Council of the 
European Union (Attn: XXXX), rue de la Loi 175 B-1048 Brussels. 

Such requests will be considered when they are received. In this respect, the attention of the 
persons, entities  and  bodies  concerned  is drawn to the regular review by the Council  of the 
lists according to Article XXX of Common Position 2008/XXX/CFSP.  

The attention of the persons, entities and bodies concerned is also drawn to the possibility of 
challenging  the  Council's  decision  before  the  Court  of  First  Instance  of  the  European 
Communities,  in  accordance  with  the  conditions  laid  down  in  Article  230(4)  and  (5)  of  the 
Treaty establishing the European Community. 

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OJ L […], […], p. […]. 

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