Council Decision (CFSP) 2024/2771 of 29 October 2024 amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da’esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them
Date: 2024-10-29
Institutions: Council of the European Union
Subjects: EU restrictive measure, economic sanctions, freezing of assets, international sanctions, legal person, natural person, terrorism




L_202402771EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2024/2771


30.10.2024







            COUNCIL DECISION (CFSP) 2024/2771
         
of 29 October 2024
         
amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da’esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,


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

Whereas:







(1)


On 20 September 2016, the Council adopted Decision (CFSP) 2016/1693 (1).












(2)


On 10 June 2024, the United Nations Security Council (UNSC) adopted Resolution 2734 (2024). The UNSC reaffirmed that acts or activities indicating that an individual, group, undertaking or entity is associated with ISIL (Da’esh) or Al-Qaeda include, when undertaken by, in conjunction with, under the name of, on behalf of, or in support of Al-Qaeda, ISIL, or any cell, affiliate, splinter group or derivative thereof, participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities; supplying, selling or transferring arms and related materiel; or recruiting for, or otherwise supporting the acts or activities of Al-Qaeda, ISIL, or any cell, affiliate, splinter group or derivative thereof. It also recognised that planning, directing, or committing acts involving sexual and gender-based violence including rape, enslavement of persons, and cases of abduction and trafficking in persons may be eligible for designation in the UN’s ISIL (Da’esh) and Al-Qaeda sanctions list on the basis of those listing criteria, when such acts are being used by ISIL, Al-Qaeda and associated individuals, groups and entities as a tactic of terrorism.












(3)


In view of the continued threat posed by ISIL (Da’esh) and Al-Qaeda, and by persons, groups, undertakings and entities associated with them, the Council considers it necessary to clarify that the criteria for the imposition of restrictive measures by the UNSC, pursuant to Resolutions 1267 (1999), 1333 (2000) and 2253 (2015), or by the Committee established pursuant to Resolution 1267 (1999) also encompass planning, directing or committing acts involving sexual and gender-based violence, including rape, enslavement of persons, and cases of abduction and trafficking in persons, when such acts are being used by ISIL (Da’esh), Al-Qaeda and associated individuals, groups and entities as a tactic of terrorism.












(4)


Decision (CFSP) 2016/1693 should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Decision (CFSP) 2016/1693 is amended as follows:






(1)


in Article 2, paragraph 1 is replaced by the following:

‘1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of persons, designated and subject to travel restrictions by the UNSC pursuant to UNSCRs 1267 (1999), 1333 (2000) and 2253 (2015) or by the Committee, identified as:






(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-Qaeda, ISIL (Da’esh), or any cell, affiliate, splinter group or derivative thereof;










(b)


supplying, selling or transferring arms and related materiel to Al-Qaeda, ISIL (Da’esh), or any cell, affiliate, splinter group or derivative thereof;










(c)


recruiting for, or otherwise supporting acts or activities of Al-Qaeda, ISIL (Da’esh), or any cell, affiliate, splinter group or derivative thereof;










(d)


being involved in acts or activities under criteria (a), (b) or (c), including planning, directing or committing acts involving sexual and gender-based violence including rape, enslavement of persons, and cases of abduction and trafficking in persons, when such acts are being used by ISIL, Al-Qaida and associated individuals, groups and entities as a tactic of terrorism; or










(e)


being controlled directly or indirectly by, or otherwise supporting, any individual, group, undertaking or entity associated with Al-Qaeda or ISIL (Da’esh), included on the ISIL (Da’esh) and Al-Qaeda sanctions list.’.















(2)


in Article 3, paragraph 1 is replaced by the following:

‘1.   All funds, other financial assets and economic resources, owned or controlled, directly or indirectly, by persons, groups, undertakings and entities designated and subject to an asset freeze by the UNSC pursuant to UNSCRs 1267 (1999), 1333 (2000) and 2253 (2015), or by the Committee, identified as:






(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-Qaeda, ISIL (Da’esh), or any cell, affiliate, splinter group or derivative thereof;










(b)


supplying, selling or transferring arms and related materiel to Al-Qaeda, ISIL (Da’esh), or any cell, affiliate, splinter group or derivative thereof;










(c)


recruiting for, or otherwise supporting acts or activities of Al-Qaeda, ISIL (Da’esh), or any cell, affiliate, splinter group or derivative thereof;










(d)


being involved in acts or activities under criteria (a), (b) or (c), including planning, directing or committing acts involving sexual and gender-based violence including rape, enslavement of persons, and cases of abduction and trafficking in persons, when such acts are being used by ISIL, Al-Qaida and associated individuals, groups and entities as a tactic of terrorism; or










(e)


being owned or controlled directly or indirectly by, or otherwise supporting, any individual, group, undertaking or entity associated with ISIL (Da’esh) or Al-Qaeda, included on the ISIL (Da’esh) and Al-Qaeda sanctions list, or by a third party acting on their behalf or at their direction;




shall be frozen.’.







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




Done at Brussels, 29 October 2024.


For the Council


The President


               BÓKA J.





(1)  Council Decision (CFSP) 2016/1693 of 20 September 2016 concerning restrictive measures against ISIL (Da’esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them and repealing Common Position 2002/402/CFSP (OJ L 255, 21.9.2016, p. 25).


ELI: http://data.europa.eu/eli/dec/2024/2771/oj
ISSN 1977-0677 (electronic edition)