Council Decision 2009/1003/CFSP of 22 December 2009 amending Common Position 2009/788/CFSP concerning restrictive measures against the Republic of Guinea
Date: 2009-12-22
Institutions: Council of the European Union
Subjects: Guinea, export restriction, human rights, international sanctions, military equipment, natural person, political opposition, repression, restriction of liberty




L_2009346EN.01005101.xml










23.12.2009   


EN


Official Journal of the European Union


L 346/51








            COUNCIL DECISION 2009/1003/CFSP
of 22 December 2009
         
amending Common Position 2009/788/CFSP concerning restrictive measures against the Republic of Guinea


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Whereas:







(1)


On 27 October 2009, the Council adopted Common Position 2009/788/CFSP concerning restrictive measures against the Republic of Guinea (1), in response to the violent crackdown by security forces on political demonstrators in Conakry on 28 September 2009.












(2)


In view of the seriousness of the situation in the Republic of Guinea, additional restrictive measures should be imposed against the individual members of the National Council for Democracy and Development (NCDD) and natural or legal persons, entities or bodies associated with them, responsible for the violent repression or the political stalemate in the country.












(3)


Moreover, additional natural or legal persons, entities or bodies associated with the NCDD, should be included on the list of persons subject to the restrictive measures set out in the Annex to Common Position 2009/788/CFSP.












(4)


Further action by the Union is needed to implement certain measures,





HAS ADOPTED THIS DECISION:



Article 1
Common Position 2009/788/CFSP is hereby amended as follows:






1.


Article 1 shall be replaced by the following:

‘Article 1

1.   The sale, supply, transfer or export of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, as well as equipment which might be used for internal repression, to the Republic of Guinea by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be prohibited whether originating or not in their territories.


2.   It shall be prohibited:






(a)


to provide, directly or indirectly, technical assistance, brokering services or other services related to the items referred to in paragraph 1 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in, or for use in, the Republic of Guinea;










(b)


to provide, directly or indirectly, financing or financial assistance related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering services or other services to any natural or legal person, entity or body in, or for use in, the Republic of Guinea;










(c)


to participate, knowingly and intentionally, in activities, the object or effect of which is to circumvent the prohibitions referred to in points (a) or (b).’;
















2.


Article 2 shall be replaced by the following:

‘Article 2

1.   Article 1 shall not apply to:






(a)


the sale, supply, transfer or export of non-lethal military equipment or of equipment which might be used for internal repression, intended solely for humanitarian or protective use, or for institution building programmes of the United Nations(UN) and the EU, or for EU and UN crisis management operations;










(b)


the sale, supply, transfer or export of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for protective use of personnel of the EU and its Member States in the Republic of Guinea;










(c)


the provision of technical assistance, brokering services and other services related to such equipment or to such programmes and operations;










(d)


the provision of financing and financial assistance related to such equipment or to such programmes and operations,




on condition that such exports and assistance have been approved in advance by the relevant competent authority.


2.   Article 1 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to the Republic of Guinea by UN personnel, personnel of the EU or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.’;












3.


Article 3, paragraph 1 shall be replaced by the following:

‘1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the individual members of the NCDD and persons associated with them, as listed in the Annex.’;











4.


The following article shall be inserted:

‘Article 3a

1.   All funds and economic resources belonging to, owned, held or controlled by the individual members of the NCDD and natural or legal persons, entities or bodies associated with them, as listed in the Annex 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 the Annex.


3.   The competent authority of a Member State 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 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 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 fees and reimbursement of incurred expenses associated 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; or










(d)


necessary for extraordinary expenses, provided that the competent authority has notified the competent authority of 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 prior to the authorisation.




A Member State shall inform the other Member States and the Commission of any authorisation granted under this paragraph.


4.   By way of derogation from paragraph 1, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources, provided that the following conditions are met:






(a)


the funds or economic resources are subject of a judicial, administrative or arbitral lien established prior to the date on which the natural or legal person, entity or body referred to in Article 3a was included in the Annex or of a judicial, administrative or arbitral judgment rendered prior to that date;










(b)


the funds or economic resources will be used exclusively to satisfy claims secured by such a lien or recognised as valid in such a judgment, within the limits set by applicable laws and regulations governing the rights of persons having such claims;










(c)


the lien or judgment is not for the benefit of a natural or legal person, entity or body listed in the Annex; and










(d)


recognising the lien or judgement is not contrary to public policy in the Member State concerned.




A Member State shall inform the other Member States and the Commission of any authorisation granted under this paragraph.


5.   Paragraph 2 shall not apply to the addition to frozen accounts of:






(a)


interest or other earnings on those accounts; or










(b)


payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to this Common Position,




provided that any such interest, other earnings and payments remain subject to paragraph 1.’.








Article 2
The Annex to Common Position 2009/788/CFSP shall be replaced by the Annex to this Decision.


Article 3
This Decision shall enter into force on the date of its adoption.


Article 4
This Decision shall be published in the Official Journal of the European Union.




Done at Brussels, 22 December 2009.


For the Council


The President

A. CARLGREN
            





(1)  
            OJ L 281, 28.10.2009, p. 7.




ANNEX II

LIST OF PERSONS REFERRED TO IN ARTICLES 3 AND 3A









 


Name (and possible aliases)


Identifying information (date and place of birth (d.o.b. and p.o.b.), passport (Pass.)/ID card number, etc.)


Reasons




1.


Captain Moussa Dadis CAMARA


d.o.b: 01/01/64 or 29/12/68
Pass: R0001318


President of the CNDD




2.


Major-General Mamadouba (alias Mamadou) Toto CAMARA


d.o.b: 01/01/46
Pass: R00009392


Minister for Security and Civil Protection




3.


General Sékouba KONATÉ


d.o.b: 01/01/64
Pass: R0003405/R0002505


Minister for Defence




4.


Colonel Mathurin BANGOURA


d.o.b: 15/11/62
Pass: R0003491


Minister for Telecommunications and New Information Technologies




5.


Lieutenant Colonel Aboubacar Sidiki (alias Idi Amin) CAMARA


d.o.b: 22/10/1979
Pass: R0017873


Minister and Permanent Secretary of the CNDD (discharged from the army on 26/01/09)




6.


Commandant Oumar BALDÉ


d.o.b: 26/12/64
Pass: R0003076


Member of the CNDD




7.


Commandant Mamadi (alias Mamady) MARA


d.o.b: 01/01/54
Pass: R0001343


Member of the CNDD




8.


Commandant Almamy CAMARA


d.o.b: 17/10/75
Pass: R0023013


Member of the CNDD




9.


Lieutenant Col. Mamadou Bhoye DIALLO


d.o.b: 01/01/56
Pass: R0001855


Member of the CNDD




10.


Captain Koulako BÉAVOGUI


 


Member of the CNDD




11.


Police Lieutenant Colonel Kandia (alias Kandja) MARA


Pass: R0178636


Member of the CNDD
Regional Director of Security in Labé




12.


Colonel Sékou MARA


d.o.b: 1957


Member of the CNDD
Deputy Director of National Police




13.


Morciré CAMARA


d.o.b: 01/01/49
Pass: R0003216


Member of the CNDD




14.


Alpha Yaya DIALLO


 


Member of the CNDD
National Director of Customs




15.


Colonel Mamadou Korka DIALLO


d.o.b: 19/02/62


Minister for Trade, Industry and SMEs




16.


Commandant Kelitigui FARO


d.o.b: 03/08/72
Pass: R0003410


Minister and Secretary-General to the Presidency of the Republic




17.


Colonel Fodeba TOURÉ


d.o.b: 07/06/61
Pass: R0003417/R0002132


Governor of Kindia (former Minister for Youth, dismissed as Minister on 07/05/09)




18.


Commandant Cheick Sékou (alias Ahmed) Tidiane CAMARA


d.o.b: 12/05/66


Member of the CNDD




19.


Colonel Sékou (alias Sékouba) SAKO


 


Member of the CNDD




20.


Lieutenant Jean-Claude alias COPLAN PIVI


d.o.b: 01/01/60


Member of the CNDD
Minister with responsibility for presidential security




21.


Captain Saa Alphonse TOURÉ


d.o.b: 03/06/70


Member of the CNDD




22.


Colonel Moussa KEITA


d.o.b: 01/01/66


Member of the CNDD
Minister and Permanent Secretary of the CNDD with responsibility for relations with Republican Institutions




23.


Lt. Col. Aïdor (alias Aëdor) BAH


 


Member of the CNDD




24.


Commandant Bamou LAMA


 


Member of the CNDD




25.


Mr Mohamed Lamine KABA


 


Member of the CNDD




26.


Captain Daman (alias Dama) CONDÉ


 


Member of the CNDD




27.


Commandant Aboubacar Amadou DOUMBOUYA


 


Member of the CNDD




28.


Commandant Moussa Tiégboro CAMARA


d.o.b: 01/01/68
Pass: 7190


Member of the CNDD
Minister attached to the Presidency with responsibility for special anti-drug services and organised crime




29.


Captain Issa CAMARA


d.o.b: 1954


Member of the CNDD
Governor of Mamou




30.


Colonel Dr. Abdoulaye Chérif DIABY


d.o.b: 26/02/57
Pass: 13683


Member of the CNDD
Minister for Health and Sanitation,




31.


Mamady CONDÉ


d.o.b: 28/11/52
Pass: R0003212


Member of the CNDD




32.


S-Lt. Cheikh Ahmed TOURÉ


 


Member of the CNDD




33.


Lt. Colonel Aboubacar Biro CONDÉ


d.o.b: 15/10/62
Pass: 2443/R0004700


Member of the CNDD




34.


Bouna KEITA


 


Member of the CNDD




35.


Idrissa CHERIF


d.o.b: 13/11/67
Pass: R0105758


Minister with responsibility for Communication attached to the Presidency and the Ministry of Defence




36.


Mamoudou (alias Mamadou) CONDÉ


d.o.b: 09/12/60
Pass: R0020803


State Secretary, official representative, with responsibility for Strategic Issues and Sustainable Development




37.


Lieutenant Aboubacar Chérif (alias Toumba) DIAKITÉ


 


Presidential aide-de-camp




38.


Ibrahima Khalil DIAWARA


d.o.b: 01/01/76
Pass: R0000968


Special adviser to Aboubacar Chérif ‘Toumba’ Diakité




39.


S-Lt Marcel KOIVOGUI


 


Deputy to Aboubacar Chérif ‘Toumba’ Diakité




40.


Mr Papa Koly KOUROUMA


d.o.b: 03/11/62
Pass: R11914/R001534


Minister for the Environment and Sustainable Development




41.


Commandant Nouhou THIAM


d.o.b: 1960
Pass: 5180


Inspector-General of the armed forces
CNDD spokesman




42.


Police Captain Théodore (alias Siba) KOUROUMA


d.o.b: 13/05/71
Pass: Service R0001204


Attaché in the presidential private office




43.


Mr Kabinet (alias Kabiné) KOMARA


d.o.b: 08/03/50
Pass: R0001747


Prime Minister




44.


Captain Mamadou SANDÉ


d.o.b: 12/12/69
Pass: R0003465


Minister attached to the Presidency with responsibility for the economy and finances




45.


Mr Alhassane (alias Al-Hassane) Siba ONIPOGUI


d.o.b: 31/12/61
Pass: 5938/R00003488


Minister attached to the Presidency with responsibility for State control




46.


Mr Joseph KANDUNO


 


Minister with responsibility for audits, transparency and good governance




47.


Mr Fodéba (alias Isto) KÉIRA


d.o.b: 04/06/61
Pass: R0001767


Minister for Youth, Sport and the Promotion of Youth Employment




48.


Colonel Siba LOHALAMOU


d.o.b: 01/08/62
Pass: R0001376


Minister for Justice and Keeper of the Seals




49.


Dr. Frédéric KOLIÉ


d.o.b: 01/01/60
Pass: R0001714


Minister for Territorial Administration and Political Affairs




50.


Mr Alexandre Cécé LOUA


d.o.b: 01/01/56
Pass: R0001757 /
Diplomatic passport: R 0000027


Minister for Foreign Affairs and Guineans Abroad




51.


Mr Mamoudou (alias Mahmoud) THIAM


d.o.b: 04/10/68
Pass: R0001758


Minister for Mines and Energy




52.


Mr Boubacar BARRY


d.o.b: 28/05/64
Pass: R0003408


Minister of State attached to the Presidency with responsibility for construction, planning and public buildings




53.


Demba FADIGA


d.o.b: 01/01/52
Pass: residence permit FR365845/365857


Member of the CNDD
Ambassador Extraordinary and Plenipotentiary with responsibility for relations between the CNDD and the Government




54.


Mr Mohamed DIOP


d.o.b: 01/01/63
Pass: R0001798


Member of the CNDD
Governor of Conakry




55.


Sgt Mohamed (alias Tigre) CAMARA


 


Member of the security forces attached to the Koundara Presidential Guard camp




56.


Mr Habib HANN


d.o.b: 15/12/50
Pass: 341442


Audit and Surveillance Committee for Strategic Sectors of the State




57.


Mr Ousmane KABA


 


Audit and Surveillance Committee for Strategic Sectors of the State




58.


Mr Alfred MATHOS


 


Audit and Surveillance Committee for Strategic Sectors of the State




59.


Capt. Mandiou DIOUBATÉ


d.o.b: 01/01/60
Pass: R0003622


Director of the Presidency press office
CNDD spokesman




60.


Cheik Sydia DIABATÉ


d.o.b: 23/04/68
Pass: R0004490


Member of the armed forces
Director of the Intelligence and Investigation Services at the Ministry of Defence




61.


Mr Ibrahima Ahmed BARRY


d.o.b: 11/11/61
Pass: R0048243


Director General of Radio Télévision Guinéenne




62.


Mr Alhassane BARRY


d.o.b: 15/11/62
Pass: R0003484


Governor of the Central Bank




63.


Mr Roda Namatala FAWAZ


d.o.b: 06/07/47
Pass: R0001977


Businessman connected to the CNDD who has given the CNDD financial support




64.


Dioulde DIALLO


 


Businessman connected to the CNDD who has given the CNDD financial support




65.


Kerfalla CAMARA KPC


 


CEO of Guicopress
Businessman connected to the CNDD who has given the CNDD financial support




66.


Dr. Moustapha ZABATT


d.o.b: 06/02/65


Doctor and personal adviser to the President




67.


Aly MANET


 


‘Dadis Doit Rester’ (Dadis Must Stay) movement




68.


Louis M'bemba SOUMAH


 


Minister for Employment, Administrative Reform and the Civil Service




69.


Cheik Fantamady CONDÉ


 


Minister for Information and Culture




70.


Boureima CONDÉ


 


Minister for Agriculture and Stock Farming




71.


Mariame SYLLA


 


Minister for Decentralisation and Local Government