Notice for the attention of Ashraf Muhammad Yusuf ‘Uthman ‘Abd Al-Salam, Ibrahim ‘Isa Hajji Muhammad Al-Bakr, Tarkhan Tayumurazovich Batirashvili and ‘Abd Al-Malik Muhammad Yusuf ‘Uthman ‘Abd Al-Salam who were added to the list referred to in Articles 2, 3 and 7 of Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, by virtue of Commission Regulation (EU) 2015/167
Date: 2015-02-04
Institutions: European Commission
Subjects: economic sanctions, international sanctions, terrorism








C_2015038EN.01002301.xml










4.2.2015   


EN


Official Journal of the European Union


C 38/23





Notice for the attention of Ashraf Muhammad Yusuf 'Uthman 'Abd Al-Salam, Ibrahim 'Isa Hajji Muhammad Al-Bakr, Tarkhan Tayumurazovich Batirashvili and 'Abd Al-Malik Muhammad Yusuf 'Uthman 'Abd Al-Salam who were added to the list referred to in Articles 2, 3 and 7 of Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, by virtue of Commission Regulation (EU) 2015/167
(2015/C 38/09)






1.


Common Position 2002/402/CFSP (1) calls upon the Union to freeze the funds and economic resources of the members of the Al-Qaida organisation and other individuals, groups, undertakings and entities associated with them, as referred to in the list drawn up pursuant to UNSCR 1267(1999) and 1333(2000) to be updated regularly by the UN Committee established pursuant to UNSCR 1267(1999).
The list drawn up by this UN Committee comprises:






—


Al Qaida;










—


natural or legal persons, entities, bodies and groups associated with Al Qaida; and










—


legal persons, entities and bodies owned or controlled by, or otherwise supporting, any of these associated persons, entities, bodies and groups.




Acts or activities indicating that an individual, group, undertaking, or entity is ‘associated with’ Al-Qaida include:






(a)


participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of Al Qaida, or any cell, affiliate, splinter group or derivative thereof;










(b)


supplying, selling or transferring arms and related materiel to any of them;










(c)


recruiting for any of them; or










(d)


otherwise supporting acts or activities of any of them.














2.


The UN Security Council approved on 23 January 2015 the addition of Ashraf Muhammad Yusuf 'Uthman 'Abd Al-Salam, Ibrahim 'Isa Hajji Muhammad Al-Bakr, Tarkhan Tayumurazovich Batirashvili and 'Abd Al-Malik Muhammad Yusuf 'Uthman 'Abd Al-Salam to the Al-Qaida Sanctions Committee's list.
They may submit at any time a request to the UN Ombudsperson, together with any supporting documentation, for the decision to include them in the UN list referred to above, to be reconsidered. Such request should be sent to the following address:





United Nations - Office of the Ombudsperson




Room TB-08041D




New York, NY 10017




UNITED STATES OF AMERICA




Tel. +1 2129632671




Fax +1 2129631300/3778




E-mail: ombudsperson@un.org




See for more information at http://www.un.org/sc/committees/1267/delisting.shtml










3.


Further to the UN decision referred to in paragraph 2, the Commission has adopted Regulation (EU) 2015/167 (2), which amends Annex I to Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network (3). The amendment, made pursuant to Article 7(1)(a) and 7a(1) of Regulation (EC) No 881/2002, adds Ashraf Muhammad Yusuf 'Uthman 'Abd Al-Salam, Ibrahim 'Isa Hajji Muhammad Al-Bakr, Tarkhan Tayumurazovich Batirashvili and 'Abd Al-Malik Muhammad Yusuf 'Uthman 'Abd Al-Salam to the list in Annex I of that Regulation (‘Annex I’).
The following measures of Regulation (EC) No 881/2002 apply to the individuals and entities included in Annex I:






(1)


the freezing of all funds and economic resources belonging to the individuals and entities concerned, or owned or held by them, and the prohibition (on everyone) on making funds and economic resources available to any of the individuals and entities concerned or for their benefit, whether directly or indirectly (Articles 2 and 2a); and










(2)


the prohibition on granting, selling, supplying or transferring technical advice, assistance or training related to military activities to any of the individuals and entities concerned, whether directly or indirectly (Article 3).














4.


Article 7a of Regulation (EC) No 881/2002 provides for a review process where observations on the grounds for listing are submitted by those listed. Individuals and entities added to Annex I by Regulation (EU) 2015/167 may make a request for the grounds for their listing to the Commission. This request should be sent to:





European Commission




‘Restrictive measures’




Rue de la Loi/Wetstraat 200




1049 Bruxelles/ Brussel




BELGIQUE/BELGIË














5.


The attention of the individuals and entities concerned is also drawn to the possibility of challenging Regulation (EU) 2015/167 before the General Court of the European Union, in accordance with the conditions laid down in the fourth and sixth paragraphs of Article 263 of the Treaty on the Functioning of the European Union.










6.


For good order, the attention of the individuals and entities included in Annex I is drawn to the possibility of making an application to the competent authorities in the relevant Member State(s), as listed in Annex II to Regulation (EC) No 881/2002, in order to obtain an authorisation to use frozen funds and economic resources for essential needs or specific payments in accordance with Article 2a of that Regulation.






(1)  OJ L 139, 29.5.2002, p. 4.

(2)  OJ L 28, 4.2.2015, p. 40.

(3)  OJ L 139, 29.5.2002, p. 9.