Council Decision 2010/638/CFSP of 25 October 2010 concerning restrictive measures against the Republic of Guinea
Date: 2010-10-25
Institutions: Council of the European Union
Subjects: Guinea, arms trade, balance of payments assistance, economic resources, economic sanctions, export restriction, international sanctions, political opposition, repression




L_2010280EN.01001001.xml










26.10.2010   


EN


Official Journal of the European Union


L 280/10








            COUNCIL DECISION 2010/638/CFSP
of 25 October 2010
         
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)


On 22 December 2009, the Council adopted Decision 2009/1003/CFSP amending Common Position 2009/788/CFSP (2), including additional restrictive measures.












(3)


On 29 March 2010, the Council adopted Decision 2010/186/CFSP amending Common Position 2009/788/CFSP (3).












(4)


On the basis of a review of Common Position 2009/788/CFSP, the restrictive measures should be renewed until 27 October 2011.












(5)


The Union implementing measures are set out in Council Regulation (EU) No 1284/2009 of 22 December 2009 imposing certain specific restrictive measures in respect of the Republic of Guinea (4),





HAS ADOPTED THIS DECISION:



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 to:






(a)


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)


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)


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







Article 2

1.   Article 1 shall not apply to the:






(a)


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 European Union, or for Union and UN crisis management operations;










(b)


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 Union and its Member States in the Republic of Guinea;










(c)


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










(d)


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 Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.



Article 3

1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the individual members of the National Council for Democracy and Development (CNDD) and persons associated with them, as listed in the Annex.


2.   Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.


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






(a)


as a host country to an international intergovernmental organisation;










(b)


as a host country to an international conference convened by, or under the auspices of, the UN;










(c)


under a multilateral agreement conferring privileges and immunities; or










(d)


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






4.   Paragraph 3 shall be considered as applying also in cases where a Member State is host country to the Organisation for Security and 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 under paragraph 1 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted by the Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in the Republic of Guinea.


7.   A Member State wishing to grant exemptions referred to in paragraph 6 shall notify the Council in writing. The exemption shall 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 exemption. Should one or more of the Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.


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 4

1.   All funds and economic resources belonging to, owned, held or controlled by the individual members of the CNDD 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 the 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 the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;










(c)


intended exclusively for the payment of fees or service charges for the 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 it grants 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 the 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 4(1) 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 Common Position 2009/788/CFSP,




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



Article 5

1.   The Council, acting upon a proposal by a Member State or the High Representative of the Union for Foreign Affairs and Security Policy, shall adopt amendments to the list contained in the Annex as required by political developments in the Republic of Guinea.


2.   The Council shall communicate its decision, including the grounds for listing, to the person concerned, either directly, if the address is known, or through the publication of a notice, providing such person with an opportunity to present observations.


3.   Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person concerned accordingly.



Article 6
In order to maximise the impact of the abovementioned measures, the EU shall encourage third States to adopt restrictive measures similar to those contained in this Decision.


Article 7
Common Position 2009/788/CFSP is hereby repealed.


Article 8

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


2.   This Decision shall apply until 27 October 2011. It shall be kept under constant review. It may be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.





Done at Luxembourg, 25 October 2010.


For the Council


The President

C. ASHTON
            





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

(2)  
            OJ L 346, 23.12.2009, p. 51.

(3)  
            OJ L 83, 30.3.2010, p. 23.

(4)  
            OJ L 346, 23.12.2009, p. 26.




ANNEX

List of persons referred to in Articles 3 and 4









 


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: 1.1.1964 or 29.12.1968
Pass: R0001318


President of the CNDD




2.


Colonel Mathurin BANGOURA


d.o.b: 15.11.1962
Pass: R0003491


Minister for Telecommunications and New Information Technologies




3.


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 26.1.2009)




4.


Commandant Oumar BALDÉ


d.o.b: 26.12.1964
Pass: R0003076


Member of the CNDD




5.


Commandant Mamadi (alias Mamady) MARA


d.o.b: 1.1.1954
Pass: R0001343


Member of the CNDD




6.


Commandant Almamy CAMARA


d.o.b: 17.10.1975
Pass: R0023013


Member of the CNDD




7.


Lieutenant Colonel Mamadou Bhoye DIALLO


d.o.b: 1.1.1956
Pass: R0001855


Member of the CNDD




8.


Captain Koulako BÉAVOGUI


 


Member of the CNDD




9.


Police Lieutenant Colonel Kandia (alias Kandja) MARA


Pass: R0178636


Member of the CNDD
Regional Director of Security in Labé




10.


Colonel Sékou MARA


d.o.b: 1957


Member of the CNDD
Deputy Director of National Police




11.


Mr Morciré CAMARA


d.o.b: 1.1.1949
Pass: R0003216


Member of the CNDD




12.


Mr Alpha Yaya DIALLO


 


Member of the CNDD
National Director of Customs




13.


Colonel Mamadou Korka DIALLO


d.o.b: 19.2.1962


Minister for Trade, Industry and SMEs




14.


Colonel Fodeba TOURÉ


d.o.b: 7.6.1961
Pass: R0003417/R0002132


Governor of Kindia (former Minister for Youth, dismissed as Minister on 7.5.2009)




15.


Commandant Cheick Sékou (alias Ahmed) Tidiane CAMARA


d.o.b: 12.5.1966


Member of the CNDD




16.


Colonel Sékou (alias Sékouba) SAKO


 


Member of the CNDD




17.


Lieutenant Jean-Claude PIVI (alias Coplan)


d.o.b: 1.1.1960


Member of the CNDD
Minister with responsibility for presidential security




18.


Captain Saa Alphonse TOURÉ


d.o.b: 3.6.1970


Member of the CNDD




19.


Colonel Moussa KEITA


d.o.b: 1.1.1966


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




20.


Lieutenant Colonel Aïdor (alias Aëdor) BAH


 


Member of the CNDD




21.


Commandant Bamou LAMA


 


Member of the CNDD




22.


Mr Mohamed Lamine KABA


 


Member of the CNDD




23.


Captain Daman (alias Dama) CONDÉ


 


Member of the CNDD




24.


Commandant Aboubacar Amadou DOUMBOUYA


 


Member of the CNDD




25.


Commandant Moussa Tiégboro CAMARA


d.o.b: 1.1.1968
Pass: 7190


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




26.


Captain Issa CAMARA


d.o.b: 1954


Member of the CNDD
Governor of Mamou




27.


Colonel Dr. Abdoulaye Chérif DIABY


d.o.b: 26.2.1957
Pass: 13683


Member of the CNDD
Minister for Health and Sanitation,




28.


Mr Mamady CONDÉ


d.o.b: 28.11.1952
Pass: R0003212


Member of the CNDD




29.


Sub-lieutenant Cheikh Ahmed TOURÉ


 


Member of the CNDD




30.


Lieutenant Colonel Aboubacar Biro CONDÉ


d.o.b: 15.10.1962
Pass: 2443/R0004700


Member of the CNDD




31.


Mr Bouna KEITA


 


Member of the CNDD




32.


Mr Idrissa CHERIF


d.o.b: 13.11.1967
Pass: R0105758


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




33.


Mr Mamoudou (alias Mamadou) CONDÉ


d.o.b: 9.12.1960
Pass: R0020803


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




34.


Lieutenant Aboubacar Chérif (alias Toumba) DIAKITÉ


 


Presidential aide-de-camp




35.


Mr Ibrahima Khalil DIAWARA


d.o.b: 1.1.1976
Pass: R0000968


Special adviser to Aboubacar Chérif ‘Toumba’ Diakité




36.


Sub-lieutenant Marcel KOIVOGUI


 


Deputy to Aboubacar Chérif ‘Toumba’ Diakité




37.


Mr Papa Koly KOUROUMA


d.o.b: 3.11.1962
Pass: R11914/R001534


Minister for the Environment and Sustainable Development




38.


Commandant Nouhou THIAM


d.o.b: 1960
Pass: 5180


Inspector-General of the armed forces
CNDD spokesman




39.


Police Captain Théodore (alias Siba) KOUROUMA


d.o.b: 13.5.1971
Pass: Service R0001204


Attaché in the presidential private office




40.


Captain Mamadou SANDÉ


d.o.b: 12.12.1969
Pass: R0003465


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




41.


Mr Alhassane (alias Al-Hassane) Siba ONIPOGUI


d.o.b: 31.12.1961
Pass: 5938/R00003488


Minister attached to the Presidency with responsibility for State control




42.


Mr Joseph KANDUNO


 


Minister with responsibility for audits, transparency and good governance




43.


Mr Fodéba (alias Isto) KÉIRA


d.o.b: 4.6.1961
Pass: R0001767


Minister for Youth, Sport and the Promotion of Youth Employment




44.


Colonel Siba LOHALAMOU


d.o.b: 1.8.1962
Pass: R0001376


Minister for Justice and Keeper of the Seals




45.


Dr. Frédéric KOLIÉ


d.o.b: 1.1.1960
Pass: R0001714


Minister for Territorial Administration and Political Affairs




46.


Mr Alexandre Cécé LOUA


d.o.b: 1.1.1956
Pass: R0001757/
Diplomatic passport: R 0000027


Minister for Foreign Affairs and Guineans Abroadé




47.


Mr Mamoudou (alias Mahmoud) THIAM


d.o.b: 4.10.1968
Pass: R0001758


Minister for Mines and Energy




48.


Mr Boubacar BARRY


d.o.b: 28.5.1964
Pass: R0003408


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




49.


Mr Demba FADIGA


d.o.b: 1.1.1952
Pass: residence permit FR365845/365857


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




50.


Mr Mohamed DIOP


d.o.b: 1.1.1963
Pass: R0001798


Member of the CNDD
Governor of Conakry




51.


Sergeant Mohamed (alias Tigre) CAMARA


 


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




52.


Mr Habib HANN


d.o.b: 15.12.1950
Pass: 341442


Audit and Surveillance Committee for Strategic Sectors of the State




53.


Mr Ousmane KABA


 


Audit and Surveillance Committee for Strategic Sectors of the State




54.


Mr Alfred MATHOS


 


Audit and Surveillance Committee for Strategic Sectors of the State




55.


Captain Mandiou DIOUBATÉ


d.o.b: 1.1.1960
Pass: R0003622


Director of the Presidency press office
CNDD spokesman




56.


Mr Cheik Sydia DIABATÉ


d.o.b: 23.4.1968
Pass: R0004490


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




57.


Mr Ibrahima Ahmed BARRY


d.o.b: 11.11.1961
Pass: R0048243


Director General of Radio Télévision Guinéenne




58.


Mr Alhassane BARRY


d.o.b: 15.11.1962
Pass: R0003484


Governor of the Central Bank




59.


Mr Roda Namatala FAWAZ


d.o.b: 6.7.1947
Pass: R0001977


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




60.


Mr Dioulde DIALLO


 


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




61.


Mr Kerfalla CAMARA KPC


 


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




62.


Dr. Moustapha ZABATT


d.o.b: 6.2.1965


Doctor and personal adviser to the President




63.


Mr Aly MANET


 


‘Dadis Doit Rester’ (Dadis Must Stay) movement




64.


Mr Louis M'bemba SOUMAH


 


Minister for Employment, Administrative Reform and the Civil Service




65.


Mr Cheik Fantamady CONDÉ


 


Minister for Information and Culture




66.


Colonel Boureima CONDÉ


 


Minister for Agriculture and Stock Farming




67.


Ms. Mariame SYLLA


 


Minister for Decentralisation and Local Government