Council Implementing Regulation (EU) 2021/478 of 22 March 2021 implementing Regulation (EU) 2020/1998 concerning restrictive measures against serious human rights violations and abuses
Date: 2021-03-22
Institutions: Council of the European Union
Subjects: China, EU restrictive measure, Eritrea, Libya, North Korea, Russia, South Sudan, economic sanctions, human rights, international sanctions, legal person, natural person








LI2021099EN.01000101.xml










22.3.2021   


EN


Official Journal of the European Union


LI 99/1








            COUNCIL IMPLEMENTING REGULATION (EU) 2021/478
of 22 March 2021
         
implementing Regulation (EU) 2020/1998 concerning restrictive measures against serious human rights violations and abuses


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EU) 2020/1998 of 7 December 2020 concerning restrictive measures against serious human rights violations and abuses (1), and in particular Article 14(1) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 7 December 2020, the Council adopted Regulation (EU) 2020/1998.












(2)


On 8 December 2020, in the Declaration by the High Representative on behalf of the European Union regarding the EU Global Human Rights Sanctions Regime, the Union and its Member States reaffirmed their strong commitment to the promotion and protection of human rights around the world. The EU Global Human Rights Sanctions Regime underscores the Union’s determination to enhance its role in addressing serious human rights violations and abuses worldwide. Realising the effective enjoyment of human rights by everyone is a strategic goal of the Union. Respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights are fundamental values of the Union and its Common Foreign and Security Policy.












(3)


On 2 March 2021, the Council adopted Decision (CFSP) 2021/372 (2) and Implementing Regulation (EU) 2021/371 (3), which designated four Russian individuals involved in serious human rights violations in Russia, including arbitrary arrests and detentions, as well as widespread and systematic repression of freedom of peaceful assembly and of association, and of freedom of opinion and expression.












(4)


The Union remains deeply concerned about serious human rights violations and abuses in different parts of the world, such as torture, extrajudicial killings, enforced disappearances or systematic use of forced labour committed by individuals and entities in China, the Democratic People’s Republic of Korea (DPRK), Libya, Eritrea, South Sudan and Russia.












(5)


In this context, 11 persons and four entities should be included in the list of natural or legal persons, entities or bodies subject to restrictive measures set out in Annex I to Regulation (EU) 2020/1998.












(6)


Regulation (EU) 2020/1998 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EU) 2020/1998 is amended as set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 March 2021.


For the Council


The President

J. BORRELL FONTELLES
            





(1)  
            OJ L 410 I, 7.12.2020, p. 1.

(2)  Council Decision (CFSP) 2021/372 of 2 March 2021 amending Decision (CFSP) 2020/1999 concerning restrictive measures against serious human rights violations and abuses (OJ L 71 I, 2.3.2021, p. 6).

(3)  Council Implementing Regulation (EU) 2021/371 of 2 March 2021 implementing Regulation (EU) 2020/1998 concerning restrictive measures against serious human rights violations and abuses (OJ L 71 I, 2.3.2021, p. 1).




ANNEX
Annex I to Regulation (EU) 2020/1998 is amended as follows:






(1)


the list of natural persons set out in Section A (‘Natural persons’) is amended as follows:






(a)


the heading of the second column (‘Names (Transliteration of Russian spelling’) is replaced by ‘Names (Transliteration into Latin script)’;










(b)


the heading of the third column (‘Names (Russian spelling)’) is replaced by ‘Names’;










(c)


the following entries are added:










 


Names (Transliteration into Latin script)


Names


Identifying information


Reasons for listing


Date of listing




‘5.


ZHU Hailun


朱海仑 (Chinese spelling)


Position(s): Former Deputy Head of the 13th People’s Congress of the Xinjiang Uyghur Autonomous Region (XUAR)
DOB: January 1958
POB: Lianshui, Jiangsu (China)
Nationality: Chinese
Gender: male


Former Secretary of the Political and Legal Affairs Committee of the Xinjiang Uyghur Autonomous Region (XUAR) and former Deputy Secretary of the Party Committee of the XUAR (2016 to 2019). Former Deputy Head of the 13th People’s Congress of the XUAR, a regional legislative body (2019 to February 2021).


22.3.2021




 


 


 


 


As Secretary of the Political and Legal Affairs Committee of the XUAR (2016 to 2019), Zhu Hailun was responsible for maintaining internal security and law enforcement in the XUAR. As such, he held a key political position in charge of overseeing and implementing a large-scale surveillance, detention and indoctrination programme targeting Uyghurs and people from other Muslim ethnic minorities. Zhu Hailun has been described as the “architect” of this programme. He is therefore responsible for serious human rights violations in China, in particular large-scale arbitrary detentions inflicted upon Uyghurs and people from other Muslim ethnic minorities.


 




 


 


 


 


As Deputy Head of the 13th People’s Congress of the XUAR (2019 to February 2021), Zhu Hailun continued to exercise a decisive influence in the XUAR where the large-scale surveillance, detention and indoctrination programme targeting Uyghurs and people from other Muslim ethnic minorities continues.


 




6.


WANG Junzheng


王君正 (Chinese spelling)


Position(s): Party Secretary of the Xinjiang Production and Construction Corps (XPCC) and Deputy Secretary of the Party Committee of China’s Xinjiang Uyghur Autonomous Region; Political commissar of the XPCC and CEO of the China Xinjian Group
DOB: May 1963
POB: Linyi, Shandong (China)
Nationality: Chinese
Gender: male


Party Secretary of the Xinjiang Production and Construction Corps (XPCC) and Deputy Secretary of the Party Committee of China’s Xinjiang Uyghur Autonomous Region (XUAR) since April 2020, as well as Political commissar of the XPCC since May 2020. Former Secretary of the Political and Legal Affairs Committee of the XUAR (February 2019 to September 2020). Wang Junzheng also holds other senior posts in the XPCC.
The XPCC is a state-owned economic and paramilitary organisation in the XUAR, which exercises administrative authority and controls economic activities in Xinjiang.


22.3.2021




 


 


 


 


As Party Secretary and Political commissar of the XPCC since 2020, Wang Junzheng is involved in overseeing all policies implemented by the XPCC. In this position, he is responsible for serious human rights violations in China, in particular large-scale arbitrary detentions and degrading treatment inflicted upon Uyghurs and people from other Muslim ethnic minorities, as well as systematic violations of their freedom of religion or belief, linked, inter alia, to the XPCC’s implementation of a large-scale surveillance, detention and indoctrination programme targeting Uyghurs and people from other Muslim ethnic minorities.


 




 


 


 


 


He is also responsible for the XPCC’s systematic use of Uyghurs and people from other Muslim ethnic minorities as a forced workforce, in particular in cotton fields.
As Deputy Secretary of the Party Committee of the XUAR since 2020, Wang Junzheng is involved in overseeing all the security policies implemented in Xinjiang, including the aforementioned programme targeting Uyghurs and people from other Muslim ethnic minorities. As Secretary of the Political and Legal Affairs Committee of the XUAR (February 2019 to September 2020), Wang Junzheng was responsible for maintaining internal security and law enforcement in the XUAR. As such, he held a key political position in charge of overseeing and implementing the aforementioned programme.


 




7.


WANG Mingshan


王明山 (Chinese spelling)


Position(s): Member of the Standing Committee of the Party Committee of the Xinjiang Uyghur Autonomous Region (XUAR) and Secretary of the Political and Legal Affairs Committee of the XUAR
DOB: January 1964
POB: Wuwei, Gansu (China)
Nationality: Chinese
Gender: male


Member of the Standing Committee of the Party Committee of the Xinjiang Uyghur Autonomous Region (XUAR) and Secretary of the Political and Legal Affairs Committee of the XUAR since September 2020. Former Director and Deputy Party Secretary of the Xinjiang Public Security Bureau (XPSB) between 2017 and January 2021.


22.3.2021




 


 


 


 


As Secretary of the Political and Legal Affairs Committee of the XUAR since September 2020, Wang Mingshan is responsible for maintaining internal security and law enforcement in the XUAR. As such, he holds a key political position in charge of overseeing a large-scale surveillance, detention and indoctrination programme targeting Uyghurs and people from other Muslim ethnic minorities.


 




 


 


 


 


As Former Director and Deputy Party Secretary of the XPSB (2017 to January 2021), he held a key position in Xinjiang’s security apparatus and was directly responsible for implementing the aforementioned programme. In particular, the XPSB has deployed the “Integrated Joint Operations Platform” (IJOP), a big data programme used to track millions of Uyghurs in the Xinjiang region and flag those deemed “potentially threatening” to be sent to detention camps.
In his current position and due to his former functions, Wang Mingshan is responsible for serious human rights violations in China, in particular large-scale arbitrary detentions and degrading treatment inflicted upon Uyghurs and people from other Muslim ethnic minorities, as well as systematic violations of their freedom of religion or belief.


 




8.


CHEN Mingguo


陈明国
(Chinese spelling)


Position(s): Director of the Xinjiang Public Security Bureau (XPSB) and Vice-Chairman of the Xinjiang Uygur Autonomous Region (XUAR) People’s Government
DOB: October 1966
POB: Yilong, Sichuan (China)
Nationality: Chinese
Gender: male


Director of the Xinjiang Public Security Bureau (XPSB) since January 2021 and Vice-Chairman of the Xinjiang Uygur Autonomous Region (XUAR) People’s Government.


22.3.2021




 


 


 


 


As Director of the XPSB, Chen Mingguo holds a key position in Xinjiang’s security apparatus and is directly involved in implementing a large-scale surveillance, detention and indoctrination programme targeting Uyghurs and people from other Muslim ethnic minorities. In particular, the XPSB has deployed the “Integrated Joint Operations Platform” (IJOP), a big data programme used to track millions of Uyghurs in the Xinjiang region and flag those deemed “potentially threatening” to be sent to detention camps. Chen Mingguo is therefore responsible for serious human rights violations in China, in particular arbitrary detentions and degrading treatment inflicted upon Uyghurs and people from other Muslim ethnic minorities, as well as systematic violations of their freedom of religion or belief.


 




9.


JONG Kyong-thaek (a.k.a. CHO’NG Kyo’ng-t’aek)


정경택
(Korean spelling)


Position(s): Minister of State Security of the Democratic People’s Republic of Korea (DPRK)
DOB: between 1.1.1961 and 31.12.1963
Nationality: North Korean
Gender: male


Jong Kyong-thaek is the Minister of State Security of the Democratic People’s Republic of Korea (DPRK) since 2017.
The Ministry of State Security of the DPRK is one of the leading institutions in charge of implementing the repressive security policies of the DPRK, with a focus on identifying and suppressing political dissent, the inflow of “subversive” information from abroad, and any other conduct considered a serious political threat to the political system and its leadership.


22.3.2021




 


 


 


 


As Head of the Ministry of State Security, Jong Kyong-thaek is responsible for serious human rights violations in the DPRK, in particular torture and other cruel, inhuman or degrading treatment or punishment, extrajudicial, summary or arbitrary executions and killings, enforced disappearance of persons, and arbitrary arrests or detentions, as well as widespread forced labour and sexual violence against women.


 




10.


RI Yong Gil
(a.k.a. RI Yong Gi, RI Yo’ng-kil, YI Yo’ng-kil)


리영길
(Korean spelling)


Position(s): Minister of Social Security of the Democratic People’s Republic of Korea (DPRK)
DOB: 1955
Nationality: North Korean
Gender: male


Ri Yong Gil is the Minister of Social Security of the Democratic People’s Republic of Korea (DPRK) since January 2021 and former Chief of the General Staff of the Korean People’s Army (KPA) between 2018 and January 2021.
The Ministry of Social Security of the DPRK (formerly known as the Ministry of People’s Security or Ministry of Public Security) is one of the leading institutions in charge of implementing the repressive security policies of the DPRK, including interrogation and punishment of people “illegally” fleeing the DPRK. In particular, the Ministry of Social Security is in charge of running prison camps and short-term labour detention centres through its Correctional Bureau, where prisoners/detainees are subject to deliberate starvation and other inhuman treatment.


22.3.2021




 


 


 


 


As Head of the Ministry of Social Security, Ri Yong Gil is responsible for serious human rights violations in the DPRK, in particular torture and other cruel, inhuman or degrading treatment or punishment, extrajudicial, summary or arbitrary executions and killings, enforced disappearance of persons, and arbitrary arrests or detentions, as well as widespread forced labour and sexual violence against women.
As former Chief of the General Staff of the KPA, Ri Yong Gil is also responsible for the widespread serious human rights violations committed by the KPA.


 




11.


Mohammed Khalifa AL-KANI (a.k.a. Mohamed Khalifa Abderrahim Shaqaqi AL-KANI, Mohammed AL-KANI, Muhammad Omar AL-KANI)


الكاني خليفة محمد (Arabic spelling)


Position(s): Head of the Kaniyat Militia
DOB: 3.5.1979
Nationality: Libyan
Passport number: F86JKFJF
Gender: male


Mohammed Khalifa Al-Kani is the Head of the Kaniyat Militia, which exercised control of the Libyan town of Tarhuna between 2015 and June 2020. In that position, he oversees all activities of the Kaniyat Militia. In his capacity as the Head of the Kaniyat Militia, he is responsible for serious human rights abuses in Libya, in particular extrajudicial killings and enforced disappearances of persons between 2015 and June 2020 in Tarhuna.
Mohammed Khalifa Al-Kani and the Kaniyat Militia fled Tarhuna in early June 2020 to eastern Libya. After that, several mass graves attributed to the Kaniyat Militia were discovered in Tarhuna.


22.3.2021




12.


Abderrahim AL-KANI (a.k.a. Abdul-Rahim AL-KANI, Abd-al-Rahim AL-KANI)


الرحيم الكاني عبد (Arabic spelling)


Position(s): member of the Kaniyat Militia
DOB: 7.9.1997
Nationality: Libyan
Passport number: PH3854LY
ID number: 119970331820
Gender: male


Abderrahim Al-Kani is a key member of the Kaniyat Militia and brother of the Head of the Kaniyat Militia, Mohammed Khalifa Al-Khani. The Kaniyat Militia exercised control of the Libyan town of Tarhuna between 2015 and June 2020.
Abderrahim Al-Kani is in charge of internal security for the Kaniyat Militia. In that capacity, he is responsible for serious human rights abuses in Libya, in particular extrajudicial killings and enforced disappearances of persons between 2015 and June 2020 in Tarhuna.


22.3.2021




 


 


 


 


Abderrahim Al-Kani and the Kaniyat Militia fled Tarhuna in early June 2020 to eastern Libya. After that, several mass graves attributed to the Kaniyat Militia were discovered in Tarhuna.


 




13.


Aiub Vakhaevich KATAEV
(a.k.a. Ayubkhan Vakhaevich KATAEV)


Аюб Вахаевич КАТАЕВ
(a.k.a. Аюбхан Вахаевич КАТАЕВ) (Russian spelling)


Position(s): Head of Department of the Ministry of Internal Affairs of the Russian Federation in the city of Argun in the Chechen Republic
DOB: 1.12.1980 or 1.12.1984
Nationality: Russian
Gender: male


Head of Department of the Ministry of Internal Affairs of the Russian Federation in the city of Argun in the Chechen Republic.


22.3.2021




 


 


 


 


In his capacity as Head of Department of the Ministry of Internal Affairs of the Russian Federation in Argun, Aiub Kataev oversees the activities of local state security and police agencies. In this position, he personally oversees widespread and systematic persecutions in Chechnya, which began in 2017. The repressions are directed against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, those presumed to belong to LGBTI groups, and other individuals suspected of being opponents of the Head of the Chechen Republic Ramzan Kadyrov. Aiub Kataev and forces under his command are responsible for serious human rights violations in Russia, in particular torture and other cruel, inhuman or degrading treatment, as well as arbitrary arrests and detentions and extrajudicial or arbitrary executions and killings.


 




 


 


 


 


According to numerous witnesses, Aiub Kataev personally supervised and took part in torturing detainees.


 




14.


Abuzaid (Abuzayed) Dzhandarovich VISMURADOV


Абузайд Джандарович ВИСМУРАДОВ (Russian spelling)


Position(s): Commander of the Special Rapid-Response Unit (SOBR) Team “Terek”, Deputy Prime Minister of the Chechen Republic, unofficial bodyguard of the Head of the Chechen Republic Ramzan Kadyrov
DOB: 24.12.1975
POB: Akhmat-Yurt/Khosi-Yurt, former Checheno-Ingush Autonomous Soviet Socialist Republic (ASSR), now Chechen Republic (Russian Federation)
Nationality: Russian
Gender: male


Commander of the Special Rapid-Response Unit (SOBR) Team “Terek”, Deputy Prime Minister of the Chechen Republic, unofficial bodyguard of the Head of the Chechen Republic Ramzan Kadyrov.
Abuzaid Vismuradov has been the commander of the SOBR detachment “Terek” since May 2012. In this position, he personally oversees widespread and systematic persecutions in Chechnya, which began in 2017. The repressions are directed against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, those presumed to belong to LGBTI groups and other individuals suspected of being opponents of the Head of the Chechen Republic Ramzan Kadyrov.


22.3.2021




 


 


 


 


Abuzaid Vismuradov and the “Terek” unit under his command are responsible for serious human rights violations in Russia, in particular torture and other cruel, inhuman or degrading treatment, as well as arbitrary arrests and detentions and extrajudicial and arbitrary killings and executions.
According to numerous witnesses, Abuzaid Vismuradov personally supervised and took part in torturing detainees. He is a close associate of Ramzan Kadyrov, the Head of the Chechen Republic, who has been conducting a campaign of repression against his political opponents for many years.


 




15.


Gabriel Moses LOKUJO


-


Position(s): Major General of the South Sudan People’s Defense Forces (SSPDF)
Nationality: South Sudanese
Gender: male


Major General of the South Sudan People’s Defense Forces (SSPDF).
Gabriel Moses Lokujo is responsible for serious human rights violation in South Sudan, in particular extrajudicial, summary or arbitrary executions and killings.
In May 2020, three officers of the Sudan People’s Liberation Army in Opposition (SPLA-IO) were abducted and executed on the orders of Major General Lokujo.


22.3.2021’




 


 


 


 


Major General Lokujo defected in September 2020 from the SPLA-IO to the SSPDF and is responsible for the ensuing clashes in and around the Moroto Training Center in southern Central Equatoria. As a consequence, several deaths and injuries were reported on both sides during the last quarter of 2020, and civilians were also displaced, especially in the Kajo-Keji area of Central Equatoria State. Major General Lokujo’s forces remained in the area where several further clashes have been reported and the safety and security of the civilian communities continue to be in jeopardy.


 


















(2)


in the list of legal persons, entities and bodies set out in Section B (‘Legal persons, entities and bodies’), the following entries are added:










 


Name (Transliteration into Latin script)


Name


Identifying information


Reasons for listing


Date of listing




‘1.


Xinjiang Production and Construction Corps Public Security Bureau


新疆生产建设兵团公安局
(Chinese spelling)


Address: 106 Guangming Road, Urumqi, Xinjiang Uyghur Autonomous Region (XUAR), China
Telephone: +86 991 598 8114


The Xinjiang Production and Construction Corps (XPCC) Public Security Bureau is in charge of implementing all policies of the XPCC relating to security matters, including the management of detention centres. The XPCC is a state-owned economic and paramilitary organisation in China’s Xinjiang Uyghur Autonomous Region, which exercises administrative authority and controls economic activities in Xinjiang.


22.3.2021




 


 


 


 


As the organisation in charge of security policies within the XPCC, the XPCC Public Security Bureau is responsible for serious human rights violations in China, in particular large-scale arbitrary detentions and degrading treatment inflicted upon Uyghurs and people from other Muslim ethnic minorities, as well as systematic violations of their freedom of religion or belief, linked, inter alia, to the XPCC’s implementation of a large-scale surveillance, detention and indoctrination programme targeting Muslim ethnic minorities.
As part of the aforementioned programme, the XPCC uses Uyghurs and people from other Muslim ethnic minorities as a forced workforce, in particular in cotton fields. As the organisation in charge of security policies within the XPCC, the XPCC Public Security Bureau is responsible for the systematic use of forced labour.


 




2.


Central Public Prosecutor’s Office (a.k.a. Office of the Prosecutor of the Democratic People’s Republic of Korea (DPRK))


조선민주주의인민공화국 중앙검찰소 (Korean spelling)


 


The Central Public Prosecutor’s Office is an institution which oversees all criminal proceedings in the Democratic People’s Republic of Korea (DPRK), including investigation, interrogation, pre-trial detention and trial.


22.3.2021




 


 


 


 


The Central Public Prosecutor’s Office is used to prosecute and punish persons for political wrongdoing in fundamentally unfair trials. It also carries institutional responsibility for serious human rights violations in ordinary prisons and interrogation detention centres by failing to enforce the rights of pre-trial detainees and convicted prisoners. In close cooperation with the Ministries of State Security and of Social Security, it bears responsibility for and provides legitimacy to serious human rights violations committed by the DPRK security apparatus, in particular torture and other cruel, inhuman or degrading treatment or punishment, extrajudicial, summary or arbitrary executions and killings, enforced disappearances of persons, and arbitrary arrests or detentions.


 




3.


Kaniyat Militia (f.k.a. 7th Brigade, Tarhuna 7th Brigade, Tarhuna Brigade) (a.k.a. 9th Brigade, Al-Kani Militia, Al-Kaniyat, Kani Brigade, Kaniat, Kaniyat, Kanyat)


مليشيا كانيات (Arabic spelling)


 


The Kaniyat Militia is a Libyan armed militia, which exercised control in the Libyan town of Tarhuna between 2015 and June 2020. Mass graves attributed to the Kaniyat Militia were discovered in Tarhuna after the militia fled to eastern Libya in June 2020. The Kaniyat Militia is responsible for serious human rights abuses, in particular extrajudicial killings, and enforced disappearances of persons.


22.3.2021




4.


National Security Office (a.k.a. National Security Agency) of the Government of Eritrea


-


Headed by Major General Abraha Kassa


The National Security Office (a.k.a. National Security Agency) of the Government of Eritrea is headed by Major General Abraha Kassa and is under the supervision of the Office of the President. The National Security Office is organised into six offices, each of which is divided into three sections responsible for intelligence, arrests and interrogations, respectively. The National Security Office is responsible for serious human rights violations in Eritrea, in particular arbitrary arrests, extrajudicial killings, enforced disappearances of persons and torture committed by its agents.


22.3.2021’