Council Common Position 2008/187/CFSP of 3 March 2008 concerning restrictive measures against the illegal government of Anjouan in the Union of Comoros
Date: 2008-03-03
Institutions: Council of the European Union
Subjects: Comoros, economic sanctions, international sanctions, natural person, presidential election, restriction of liberty

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Official Journal of the European Union

4.3.2008

COUNCIL COMMON POSITION 2008/187/CFSP

of 3 March 2008

concerning restrictive measures against the illegal government of Anjouan in the Union of Comoros

THE COUNCIL OF THE EUROPEAN UNION,

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

or under the auspices of, the United Nations;

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

(c) under a multilateral agreement conferring privileges and

immunities; or

Whereas:

(1)

(2)

By letter dated 25 October 2007 addressed to the
Secretary-General/High Representative,
the President of
the Commission of the African Union (AU) requested
the support of
the European Union and its Member
States for the sanctions which the African Union Peace
and Security Council decided on 10 October 2007 to
impose against the illegal authorities of Anjouan in the
Union of Comoros, following Presidential elections which
were held there in unsatisfactory conditions.

The European Union should support the AU's decision to
implement sanctions against the illegal government of
Anjouan and persons associated with it, in response to
their persistent refusal to work towards the creation of
conditions which are favourable to stability and reconci-
liation in the Comoros, and with a view to bringing the
illegal authorities of Anjouan to accept that new elections
be held which should be credible,
transparent and
properly conducted.

(3)

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

to

HAS ADOPTED THIS COMMON POSITION:

Article 1

shall

take the necessary measures

1. Member States
to
prevent the entry into, or transit through, their territories of
the members of
the illegal government of Anjouan in the
Union of Comoros (hereafter referred to as ‘Anjouan’) and
persons associated with them, as listed in the Annex.

Paragraph 1 will not oblige a Member State to refuse its

2.
own nationals entry into its territory.

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

(d) under

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

Paragraph 3 shall apply also in cases where a Member
the Organisation for Security and

4.
State is host country of
Cooperation in Europe (OSCE).

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

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 Anjouan.

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

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

Article 2

All funds and economic resources belonging to, owned,
1.
held or controlled by the individual members of the illegal
government of Anjouan, any natural or legal persons, entities
or bodies associated with them, as listed in the Annex, shall be
frozen.

(a) as host country of an international intergovernmental orga-

nisation;

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 listed in the Annex.

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The competent authority may authorise the release of
3.
certain frozen funds or economic resources or the making
available of certain funds or economic resources, under such
conditions as it deems appropriate, after having determined that
the funds or economic resources concerned are:

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

family members,

(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
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 grounds on
which it considers that a specific authorisation should be
granted, to the other Member States and the Commission at
least two weeks before the authorisation.

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 before 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 3

The Council, acting by unanimity on a proposal by a Member
State or the Commission, shall adopt modifications to the list
contained in the Annex as required by political developments in
Anjouan.

Article 4

This Common Position shall apply for a period of 12 months. It
shall be kept under constant
It shall be repealed,
renewed or amended as appropriate, in light of political deve-
lopments in Anjouan.

review.

Article 5

This Common Position shall
adoption.

take effect on the date of

its

Article 6

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

Done at Brussels, 3 March 2008.

For the Council
The President

J. PODOBNIK

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List of members of the illegal government of Anjouan and natural or legal persons, entities or bodies associated
with them, as referred to in Articles 1 and 2

ANNEX

Name

Sex

Function
Title

Place of birth

Date of birth
Passport number

Name
Sex

Function

Place of birth
Date of birth

Mohamed Bacar

M

Self-proclaimed President
Colonel

Barakani

5.5.1962
01AB01951/06/160, date of issue: 1.12.2006

Jaffar Salim
M
‘Minister for the Interior’
Mutsamudu
26.6.1962

Passport number

06BB50485/20 950, date of issue: 1.2.2007

Name

Sex

Function

Place of birth
Date of birth

Mohamed Abdou Madi

M
‘Minister for Cooperation’
Mjamaoué
1956

Passport number

05BB39478, date of issue 1.8.2006

Name

Sex

Function
Place of birth

Date of birth

Ali Mchindra

M
‘Minister for Education’
Cuvette

20.11.1958

Passport number

03819, date of issue 3.7.2004

Name

Sex
Function

Place of birth

Date of birth

Houmadi Souf

M
‘Minister for the Civil Service’
Sima

1963

Passport number

51427, date of issue 4.3.2007

Name

Sex
Function

Place of birth

Date of birth
Passport number

Name
Sex

Title

Function
Place of birth

Date of birth

Rehema Boinali

M
‘Minister for Energy’

1967
540355, date of issue 7.4.2007

Dhoihirou Halidi
M

Director of Cabinet

Senior official closely associated with the illegal government of Anjouan
Bambao Msanga

8.3.1965

Passport number

64528, date of issue 19.9.2007

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Name

Sex

Title
Function

Abdou Bacar

M

Lieutenant-Colonel
Senior military officer, instrumental in supporting the illegal government of Anjouan

Place of birth

Date of birth
Passport number

Barakani

2.5.1954
54621, date of issue 23.4.2007