Council Regulation (EC) No 243/2008 of 17 March 2008 imposing certain restrictive measures on the illegal authorities of the island of Anjouan in the Union of the Comoros
Date: 2008-03-17
Institutions: Council of the European Union
Subjects: Comoros, Internet, economic sanctions, international sanctions, natural person, rebel government, restriction of liberty, trade restriction

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COUNCIL REGULATION (EC) No 243/2008

of 17 March 2008

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,

(a)

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

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

establishing the European

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

and other payment instruments;

Having regard to Common Position 2008/187/CFSP of 3 March
2008 concerning restrictive measures against the illegal autho-
rities of the island of Anjouan in the Union of the Comoros (1),

(ii) deposits with financial

institutions or other entities,

balances on accounts, debts and debt obligations;

Having regard to the proposal from the Commission,

Whereas:

privately-traded

(iii) publicly- and
instruments,
representing
debentures and derivatives contracts;

debt
including stocks and shares, certificates
notes, warrants,

securities,

securities

bonds,

and

(1)

(2)

(3)

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
and
sanctions
Security Council of the African Union had decided to
impose on the
illegal authorities of Anjouan and
certain associated persons.

the Peace

that

the

Position

2008/187/CFSP

Common
for
restrictive measures to be imposed on the illegal autho-
rities of Anjouan and certain associated persons. Those
measures include freezing funds and economic resources
belonging to the persons concerned.

provides

The said measures fall within the scope of the Treaty
establishing the European Community. Accordingly,
with a view to ensuring their uniform application by
economic operators in all Member States, a Community
act
the
Community is concerned,

is necessary to implement

them as

far as

HAS ADOPTED THIS REGULATION:

Article 1

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

(1) OJ L 59, 4.3.2008, p. 32.

(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) ‘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, desti-
nation or other change that would enable the funds to be
used, including portfolio management;

(c)

‘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;

(d) ‘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;

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(e)

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

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:

Article 2

1.
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.

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 Annex I.

The

participation,

in
knowingly
3.
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.

intentionally,

and

4.
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,
they did not know, and
could not reasonably have known, that their actions would
infringe this prohibition.

if

Article 3

Article 2(2) shall not apply to the addition to frozen

1.
accounts of:

(a)

interest or other remuneration on those accounts;

(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, remuneration or payments
continue to be subject to Article 2(1).

financial or credit

Article 2(2) shall not prevent

2.
insti-
tutions in the Community from crediting frozen accounts
where they receive funds transferred by third parties to the
account of a natural or legal person, entity or body listed in
Annex I, provided that any additions to such accounts are also
frozen. The financial or credit
inform the
competent authorities of such transactions without delay.

institution shall

Article 4

The competent authorities

1.
in the Member States, as
indicated in the websites listed in Annex II, may authorise the

(a) 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;

(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 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.

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 of the Member States where
they are resident or located with any information which
would facilitate compliance with this Regulation, such as
accounts
accordance with
Article 2, and shall forward such information, directly or
through the Member States, to the Commission;

amounts

frozen

and

in

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(b) cooperate with the competent authorities indicated in the
websites listed in Annex II in any verification of this infor-
mation.

2. 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.

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.

Article 10

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

2. Member States
their
competent authorities once this Regulation enters into force
and shall notify it of any subsequent changes.

shall notify the Commission of

Article 11

This Regulation shall apply:

1.

The Commission shall be empowered to:

airspace;

Article 8

(a) within the territory of

the Community,

including its

(a) amend Annex I on the basis of decisions taken in respect of

the Annex to Common Position 2008/187/CFSP;

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

Member States.

A notice shall be published regarding the procedures for

2.
submitting information in relation to Annex I (1).

Article 9

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

a Member State;

(c)

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

the

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

constituted under the law of a Member State;

(e)

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

1. 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 penalties shall be effective, proportionate and dissuasive.

Article 12

This Regulation shall enter into force on the day of its publi-
cation 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 Brussels, 17 March 2008.

For the Council
The President

I. JARC

(1) OJ C 71, 18.3.2008, p. 25.

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List of members of the illegal government of Anjouan, and of natural and legal persons, entities and bodies
associated with such members, referred to in Articles 2, 3 and 4

ANNEX I

Organisation

Mohamed Bacar

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:

M

Self-proclaimed president, colonel
Barakani

5.5.1962

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

Jaffar Salim

M
‘Interior Minister’
Mutsamudu

26.6.1962
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

Organisation

Houmadi Souf

Sex

Function
Place of birth

Date of birth

Passport No:

Organisation

Sex

Function
Place of birth

Date of birth

Passport No:

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

Organisation

Dhoihirou Halidi

Sex
Title

Function

Place of birth
Date of birth

Passport No:

M
Kabinettschef

Senior official, closely associated with the illegal government of Anjouan

Bambao Msanga
8.3.1965

64528, date of issue: 19.9.2007

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Organisation

Abdou Bacar

Sex

Function
Title

Place of birth

Date of birth
Passport No:

M

Oberstleutnant
Senior military officer, instrumental in supporting the illegal government of Anjouan

Barakani

2.5.1954
54621, date of issue: 23.4.2007

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ANNEX II

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

BELGIUM

http://www.diplomatie.be/eusanctions

BULGARIA

http://www.mfa.government.bg

CZECH REPUBLIC

http://www.mfcr.cz/mezinarodnisankce

DENMARK

http://www.um.dk/da/menu/Udenrigspolitik/FredSikkerhedOgInternationalRetsorden/Sanktioner/

GERMANY

http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/Aussenwirtschaftsrecht/embargos.html

ESTONIA

http://www.vm.ee/est/kat_622/

GREECE

http://www.ypex.gov.gr/www.mfa.gr/en-US/Policy/Multilateral+Diplomacy/International+Sanctions/

SPAIN

www.mae.es/es/MenuPpal/Asuntos/Sanciones+Internacionales

FRANCE

http://www.diplomatie.gouv.fr/autorites-sanctions/

IRELAND

http://www.dfa.ie/un_eu_restrictive_measures_ireland/competent_authorities

ITALY

http://www.esteri.it/UE/deroghe.html

CYPRUS

http://www.mfa.gov.cy/sanctions

LATVIA

http://www.mfa.gov.lv/en/security/4539

LITHUANIA

http://www.urm.lt

LUXEMBOURG

http://www.mae.lu/sanctions

HUNGARY

http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitibank/nemzetkozi_szankciok/

MALTA

http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp

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NETHERLANDS

http://www.minbuza.nl/sancties

AUSTRIA

http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=

POLAND

http://www.msz.gov.pl

PORTUGAL

http://www.min-nestrangeiros.pt

ROMANIA

http://www.mae.ro/index.php?unde=doc&id=32311&idlnk=1&cat=3

SLOVENIA

http://www.mzz.gov.si/si/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/

SLOVAKIA

http://www.foreign.gov.sk

FINLAND

http://formin.finland.fi/kvyhteistyo/pakotteet

SWEDEN

http://www.ud.se/sanktioner

UNITED KINGDOM

www.fco.gov.uk/competentauthorities

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