Notice for the attention of the persons and entities added to the list referred to in Article 2 of Council Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo, by virtue of Commission Regulation (EC) No 242/2009
Date: 2009-03-21
Institutions: European Commission
Subjects: Democratic Republic of the Congo, arms trade, economic sanctions, international sanctions, natural person, offence

21.3.2009

EN

Official Journal of the European Union

C 68/43

OTHER ACTS

COMMISSION

Notice for the attention of the persons and entities added to the list referred to in Article 2 of
Council Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed
against persons acting in violation of the arms embargo with regard to the Democratic Republic of
the Congo, by virtue of Commission Regulation (EC) No 242/2009

(2009/C 68/13)

Common Position 2008/369/CFSP (1) calls upon the Community to freeze the funds and economic
1.
resources of natural or legal persons, entities or bodies acting in violation of the arms embargo with regard
to the Democratic Republic of
to UNSR
1533(2004), 1596(2005), 1807(2008) and 1857(2008) to be updated regularly by the UN Committee
established pursuant to UNSCR 1533(2004).

the Congo, as referred to in the list drawn up pursuant

The list drawn up by this UN Committee comprises:

— persons or entities acting in violation of the arms embargo and related measures as referred to in

Article 1,

— political and military leaders of foreign armed groups operating in the DRC who impede the disarma-

ment and the voluntary repatriation or resettlement of combatants belonging to those groups,

— political and military leaders of Congolese militias receiving support from outside the DRC, who impede

the participation of their combatants in disarmament, demobilization and reintegration processes,

— political and military leaders operating in the DRC and recruiting or using children in armed conflicts in

violation of applicable international law,

— individuals operating in the DRC and committing serious violations of international law involving the
targeting of children or women in situations of armed conflict, including killing and maiming, sexual
violence, abduction and forced displacement,

— individuals obstructing the access to or the distribution of humanitarian assistance in the eastern part of

the DRC,

— individuals or entities supporting the illegal armed groups in the eastern part of the DRC through illicit

trade of natural resources.

2.
The UN Committee decided on 3 March 2009 to add four natural persons to the relevant list. The
natural persons concerned may submit at any time a request to the UN Committee, together with any
supporting documentation, for the decision to include them in the UN list referred to above, to be recon-
sidered. Such request should be sent to the following address:

United Nations — Focal point for delisting
Security Council Subsidiary Organs Branch
Room S-3055 E
New York, NY 10017
United States of America

See for information at: http://www.un.org/sc/committees/dfp.shtml

(1) OJ L 127, 15.5.2008, p. 84.

C 68/44

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Official Journal of the European Union

21.3.2009

3.
Further to the UN decisions referred to at point 2, the Commission has adopted Regulation (EC)
No 242/2009 (1), which amends Annex I to Council Regulation (EC) No 1183/2005 imposing certain
specific restrictive measures directed against persons acting in violation of the arms embargo with regard to
the Democratic Republic of the Congo (2).

Therefore,
concerned:

the following measures of Regulation (EC) No 1183/2005 apply to the natural persons

(a) the freezing of funds and economic resources belonging to them, or owned or held by them, and prohi-
bition to make funds and economic resources available to them or for their benefit, whether directly or
indirectly (Article 2); and

(b) the prohibition to participate, knowingly and intentionally, in activities the object or effect of which is,

directly or indirectly, to circumvent the measures referred to at point (a) above.

The natural persons added to Annex I to Council Regulation (EC) No 1183/2005, by means of
4.
Regulation (EC) No 242/2009, and further to the UN decision of 3 March 2009, may make their views on
their listing known to the Commission. This communication should be sent to:

European Commission
DG External Relations
Directorate A Crisis Platform — Policy Coordination in Common Foreign and Security Policy
Unit A2 — CHAR 12/45
Rue de la Loi/Wetstraat 200
1049 Bruxelles/Brussel
BELGIQUE/BELGIË

The attention of

the natural persons concerned is also drawn to the possibility of challenging
5.
Regulation (EC) No 242/2009 before the Court of First
in
accordance with the conditions laid down in Article 230(4) and (5) of the Treaty establishing the European
Community.

the European Communities,

Instance of

6.
Personal data of the natural persons concerned by the listings of Regulation (EC) No 242/2009 will be
handled in accordance with the rules of Regulation (EC) No 45/2001 on the protection of individuals with
regard to the processing of personal data by the Community institutions and bodies and on the free
movement of such data (3). Any request, e.g. for further information or in order to exercise the rights
under Regulation (EC) No 45/2001 (e.g. access or rectification of personal data), should be sent to the
Commission, under the same address mentioned under point 4 above.

7.
For good order, the attention of the natural persons listed in Annex I is drawn to the possibility of
making an application to the competent authorities of the relevant Member State(s), as listed in Annex II to
Regulation (EC) No 1183/2005, in order to obtain an authorisation to use frozen funds and economic
resources for basic expenses or specific payments in accordance with Article 3 of that Regulation.

(1) OJ L 75, 21.3.2009.
(2) OJ L 193, 23.7.2005, p. 1.
(3) OJ L 8, 12.1.2001, p. 1.