Notice for the attention of the persons and entities added to the lists provided for in Articles 11 and 15 of Council Regulation (EC) No 194/2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar, by virtue of Commission Regulation (EU) No 411/2010
Date: 2010-05-12
Institutions: European Commission
Subjects: Myanmar/Burma, economic sanctions, human rights, international sanctions, legal person, natural person








C_2010123EN.01001601.xml










12.5.2010   


EN


Official Journal of the European Union


C 123/16





Notice for the attention of the persons and entities added to the lists provided for in Articles 11 and 15 of Council Regulation (EC) No 194/2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar, by virtue of Commission Regulation (EU) No 411/2010
2010/C 123/08
In Council Decision 2010/232/CFSP (1), the Council of the European Union identified those persons, entities and bodies against whom restrictive measures are to apply, as set out in Annexes II and III of that Decision, having determined that:






1.


the persons, entities and bodies listed in Annex II of Decision 2010/232/CFSP are:






(a)


individual members of the Government of Burma/Myanmar; or










(b)


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




as referred to in Articles 9(1) and 10(1) of Council Decision 2010/232/CFSP; and










2.


the legal persons, entities and bodies listed in Annex III of Decision 2010/232/CFSP are:






(a)


enterprises owned or controlled by the Government of Burma/Myanmar or public bodies, corporations, including companies established under private law in which the public authorities have a majority stake, and agencies of that State;










(b)


enterprises owned or controlled by individual members of the Government of Burma/Myanmar or natural or legal persons, entities or bodies associated with them; or










(c)


legal persons, entities or bodies owned or controlled by, or acting for or on behalf of, enterprises referred to in points (a) or (b).








Consequently the Commission has, pursuant to Article 18(1)(b) of Council Regulation (EC) No 194/2008 (2), adopted Commission Regulation (EU) No 411/2010 (3) which amends Annexes VI and VII to Regulation (EC) No 194/2008.
Regulation (EC) No 194/2008 provides for:






1.


the freezing of all funds, other financial assets and economic resources belonging to the persons, groups and entities listed in Annex VI and that no funds, other financial assets and economic resources may be made available to them, whether directly or indirectly; and










2.


a prohibition on new investment in the enterprises, legal persons, entities or bodies listed in Annex VII.




The attention of the persons, entities and bodies listed in Annex VI 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 IV to Regulation (EC) No 194/2008 in order to obtain an authorisation to use frozen funds for essential needs or specific payments in accordance with Article 13 of that Regulation.
The persons, entities and bodies on the lists in Council Regulation (EC) No 194/2008 as amended by Commission Regulation (EU) No 411/2010 may submit at any time a request to the Council of the European Union, together with any supporting documentation, for the decision to include and/or maintain them on the lists referred to above to be reconsidered. Such requests should be made to the following address:





Council of the European Union




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




The persons, entities and bodies added to Annexes VI or VII of Council Regulation (EC) No 194/2008 by means of Commission Regulation (EU) No 411/2010, may make their views on their listing known to the Commission. Such communications should be sent to:





The European Commission




DG External Relations (Directorate A, Unit A2 — CHAR 12/45)




Rue de la Loi/Wetstraat 200




1049 Bruxelles/Brussel




BELGIQUE/BELGIË




Such requests and information will be considered when they are received. In this respect, the attention of the persons and entities concerned is drawn to the constant review by the Council of the lists according to Article 14 of Council Decision 2010/232/CFSP.
The attention of the persons and entities concerned is also drawn to the possibility of challenging the Commission Regulation (EU) No 411/2010 before the General Court of the European Union, in accordance with the conditions laid down in Article 263 of the Treaty on the Functioning of the European Union.


(1)  OJ L 105, 27.4.2010, p. 22. The Decision repeals and replaces Common Position 2006/318/CFSP.

(2)  OJ L 66, 10.3.2008, p. 1.

(3)  OJ L 118, 12.5.2010, p. 10.