Council Implementing Regulation (EU) 2022/2179 of 8 November 2022 implementing Regulation (EU) 2017/1770 concerning restrictive measures in view of the situation in Mali
Date: 2022-11-08
Institutions: Council of the European Union
Subjects: EU restrictive measure, Mali, economic sanctions, international sanctions, natural person








L_2022288EN.01000101.xml










9.11.2022   


EN


Official Journal of the European Union


L 288/1








            COUNCIL IMPLEMENTING REGULATION (EU) 2022/2179
of 8 November 2022
         
implementing Regulation (EU) 2017/1770 concerning restrictive measures in view of the situation in Mali


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Council Regulation (EU) 2017/1770 of 28 September 2017 concerning restrictive measures in view of the situation in Mali (1), and in particular Article 12(5) thereof,


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

Whereas:







(1)


On 28 September 2017, the Council adopted Regulation (EU) 2017/1770.












(2)


On 5 October 2022, the United Nations Security Council (‘UNSC’) Committee established pursuant to UNSC Resolution 2374 (2017) updated the information relating to three individuals subject to restrictive measures.












(3)


Annex I to Regulation (EU) 2017/1770 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EU) 2017/1770 is amended as set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the day following that 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, 8 November 2022.


For the Council


The President

Z. STANJURA
            





(1)  
            OJ L 251, 29.9.2017, p. 1.




ANNEX
In Annex I to Regulation (EU) 2017/1770 under heading ‘List of natural or legal persons, entities and bodies referred to in Article 2a’, entries 3, 4 and 5 are replaced by the following:

‘3.   MAHRI SIDI AMAR BEN DAHA (alias: a) Yoro Ould Daha b) Yoro Ould Daya c) Sidi Amar Ould Daha d) Yoro)

Designation: Deputy chief of staff of the regional coordination of the Mécanisme opérationnel de coordination (MOC) in Gao
Date of birth: 1 Jan. 1978
            
Place of birth: Djebock, Mali
Nationality: Mali
National identification no: 11262/1547
Address: Golf Rue 708 Door 345, Gao, Mali
            
Date of UN designation: 10 July 2019 (amended on 19 Dec. 2019, 14 Jan. 2020, 5 Oct. 2022)

Other information: Mahri Sidi Amar Ben Daha is a leader of the Lehmar Arab community of Gao and military chief of staff of the pro-governmental wing of the Mouvement Arabe de l’Azawad (MAA), associated to the Plateforme des mouvements du 14 juin 2014 d’Alger (Plateforme) coalition. Listed pursuant to paragraphs 1 to 3 of Security Council resolution 2374 (2017) (Travel Ban, Asset Freeze). Reportedly deceased in February 2020.
Photo available for inclusion in the INTERPOL-UN Security Council Special Notice. INTERPOL-UN Security Council Special Notice web link:
https://www.interpol.int/en/How-we-work/Notices/View-UN-Notices-Individuals


Additional information


Mahri Sidi Amar Ben Daha is being listed pursuant to paragraph 8 (b) of resolution 2374 (2017) for actions taken that obstruct, or that obstruct by prolonged delay, or that threaten the implementation of the Agreement.
Ben Daha was a high-ranking officer of the Islamic police operating in Gao when the Mouvement pour l’unicité et le jihad en Afrique de l’Ouest (MUJAO) (QDe.134) controlled the town from June 2012 to January 2013. Ben Daha currently is deputy chief of staff of the regional coordination of the Mécanisme opérationnel de coordination (MOC) in Gao.
On 12 November 2018, the Plateforme in Bamako declared not to participate in forthcoming regional consultations, scheduled to be held from 13 to 17 November in accordance with the March 2018 roadmap agreed upon by all parties to the Peace and reconciliation Agreement in March 2018. The next day, in Gao, a coordination meeting was held by the military chief of staff of the Ganda Koy component of Coordination des mouvements et fronts patriotiques de résistance (CMFPR)-Plateforme, with representatives the MAA-Plateforme, to prevent the consultations to take place. The blockade was coordinated with Plateforme leadership in Bamako, the MAA-Plateforme, as well as Member of Parliament Mohamed Ould Mataly.
From 14 to 18 November 2018, dozens of MAA-Plateforme combatants together with those of the CMFPR factions obstructed the holding of regional consultations. Operating under the instruction and with the participation of Ben Daha, at least six pick-up truck vehicles from the Mouvement Arabe de l’Azawad (MAA-Plateforme) were positioned in front of the Gao governorate and its vicinity. Two MOC vehicles attributed to MAA-Plateforme were also observed at the scene.
On 17 November 2018, an incident took place between armed elements blocking access to the governorate and a FAMa patrol passing by the area, but was diffused before it could escalate and constitute a cease-fire violation. On 18 November 2018, a total of twelve vehicles and armed elements lifted the blockade of the governorate following a latest round of negotiations with the governor of Gao.
On 30 November 2018, Ben Daha organised an inter-Arab meeting in Tinfanda to discuss security and administrative restructuring. The meeting also included sanctioned individual Ahmoudou Ag Asriw (MLi.001) whom Ben Daha supports and defends.
Therefore, through effectively blocking discussions on key provisions of the Peace and Reconciliation Agreement related to the reform of the territorial structure of northern Mali, Ben Daha has obstructed the implementation of the Peace and Reconciliation Agreement. In addition, Ben Daha supports an individual identified as threatening the implementation of the Agreement through his involvement in ceasefire violations and organised criminal activity.
4.   MOHAMED BEN AHMED MAHRI (alias: a) Mohammed Rougi b) Mohamed Ould Ahmed Deya c) Mohamed Ould Mahri Ahmed Daya d) Mohamed Rougie e) Mohamed Rouggy f) Mohamed Rouji)

Date of birth: 1 Jan. 1979
            
Place of birth: Tabankort, Mali
Nationality: Mali
Passport no: a) AA00272627 b) AA0263957 c) AA0344148, issued on 21 March 2019 (date of expiration: 20 March 2024)
Address: Bamako, Mali
            
Date of UN designation: 10 July 2019 (amended on 19 Dec. 2019, 14 Jan. 2020, 5 Oct. 2022)

Other information: Mohamed Ben Ahmed Mahri is a businessman from the Arab Lehmar community in Gao region who previously collaborated with the Mouvement pour l’unicité et le Jihad en Afrique de l’Ouest (MUJAO) (QDe.134). Listed pursuant to paragraphs 1 to 3 of Security Council resolution 2374 (2017) (Travel Ban, Asset Freeze).
Photo available for inclusion in the INTERPOL-UN Security Council Special Notice. INTERPOL-UN Security Council Special Notice web link:
https://www.interpol.int/en/How-we-work/Notices/View-UN-Notices-Individuals


Additional information


Mohamed Ben Ahmed Mahri is being listed pursuant to paragraph 8 (c) of resolution 2374 (2017) for acting for or on behalf of or at the direction of or otherwise supporting or financing individuals and entities identified in paragraphs 8 (a) and (b) of resolution 2374 (2017), including through the proceeds from organised crime, including the production and trafficking of narcotic drugs and their precursors originating in or transiting through Mali, the trafficking in persons and the smuggling of migrants, the smuggling and trafficking of arms as well as the trafficking in cultural property.
Between December 2017 and April 2018, Mohamed Ben Ahmed Mahri commanded a trafficking operation of over 10 tons of Moroccan cannabis, moved in cooling trucks through Mauretania, Mali, Burkina Faso and Niger. In the night of 13 to 14 June 2018 a quarter of the shipment was confiscated in Niamey, while a rival group had allegedly stolen the remaining three quarters during the night of 12 and 13 April 2018.
In December 2017, Mohamed Ben Ahmed Mahri was in Niamey with a Malian national to prepare the operation. The latter was arrested in Niamey after he had flown in from Morocco with two Moroccan and two Algerian Nationals on 15 and 16 April 2018 to try and recuperate stolen cannabis. Three of his associates were also arrested, including a Moroccan national, who had been sentenced in Morocco in 2014 to five months imprisonment for drug trafficking.
Mohamed Ben Ahmed Mahri commands trafficking of cannabis resin to Niger straight through northern Mali, making use of convoys led by members of the Groupe d’autodéfense des Touaregs Imghad et leurs allies (GATIA), including sanctioned individual Ahmoudou Ag Asriw (MLi.001). Mohamed Ben Ahmed Mahri compensates Asriw for the use of these convoys. These convoys frequently generate clashes with competitors associated with the Coordination des Mouvements de l’Azawad (CMA).
Using his financial gains made in narcotics trafficking, Mohamed Ben Ahmed Mahri lends his support to terrorist armed groups, notably the sanctioned entity Al-Mourabitoun (QDe.141), attempting to bribe officials to release arrested combatants and facilitating fighters to integrate in the Mouvement Arabe pour l’Azawad (MAA) Plateforme.
Therefore, through the proceeds from organised crime, Mohamed Ben Ahmed Mahri supports an individual identified under paragraph 8(b) of resolution 2374 (2017) as threatening the implementation of the Agreement on Peace and Reconciliation in Mali, in addition to a terrorist group designated under resolution 1267.
5.   MOHAMED OULD MATALY

Designation: Member of Parliament
Date of birth: 1958
Nationality: Mali
Passport no: a) D9011156, b) AA0260156, issued on 3 August 2018 (date of expiration: 2 August 2023)
Address: a) Golf Rue 708 Door 345, Gao, Mali b) Almoustarat, Gao, Mali
            
Date of UN designation: 10 July 2019 (amended on 19 Dec. 2019, 14 Jan. 2020, 5 Oct. 2022)

Other information: Mohamed Ould Mataly is the former Mayor of Bourem and current Member of Parliament for Bourem’s constituency, part of the Rassamblement pour le Mali (RPM, President Ibrahim Boubacar Keita’s political party). He is from the Lehmar Arab community and an influential member of the pro-governmental wing of the Mouvement Arabe de l’Azawad (MAA), associated to the Plateforme des mouvements du 14 juin 2014 d’Alger (Plateforme) coalition. Listed pursuant to paragraphs 1 to 3 of Security Council resolution 2374 (2017) (Travel Ban, Asset Freeze).
Photo available for inclusion in the INTERPOL-UN Security Council Special Notice. INTERPOL-UN Security Council Special Notice web link:
https://www.interpol.int/en/How-we-work/Notices/View-UN-Notices-Individuals


Additional information


Mohamed Ould Mataly is being listed pursuant to paragraph 8 (b) of resolution 2374 (2017) for actions taken that obstruct, or that obstruct by prolonged delay, or that threaten the implementation of the Agreement.
On 12 November 2018, the Plateforme in Bamako declared not to participate in forthcoming regional consultations, scheduled to be held from 13 to 17 November in accordance with the March 2018 roadmap agreed upon by all parties to the Peace and reconciliation Agreement in March 2018. The next day, in Gao, a coordination meeting was held by the military chief of staff of the Ganda Koy component of Coordination des mouvements et fronts patriotiques de résistance (CMFPR)-Plateforme, with representatives the MAA-Plateforme, to prevent the consultations to take place. The blockade was coordinated with Plateforme leadership in Bamako, the MAA-Plateforme, as well as Member of Parliament Mohamed Ould Mataly.
His close associate Mahri Sidi Amar Ben Daha, alias Yoro Ould Daha, who resides in his property in Gao, participated in the blockade of the venue of the consultation at the Governor’s office during this period.
Furthermore, on 12 July 2016 Ould Mataly was also one of the instigators of demonstrations hostile to the implementation of the Agreement.
Therefore, through effectively blocking discussions on key provisions of the Peace and Reconciliation Agreement related to the reform of the territorial structure of northern Mali, Ould Mataly has obstructed and caused delays to the implementation of the Peace and Reconciliation Agreement.
Lastly, Ould Mataly has pleaded for the release of members of his community captured in counter-terrorist operations. Through his involvement in organised crime and association with terrorist armed groups, Mohamed Ould Mataly threatens the implementation of the Agreement.’