Council Decision (CFSP) 2024/3088 of 9 December 2024 amending Decision 2010/788/CFSP concerning restrictive measures in view of the situation in the Democratic Republic of the Congo
Date: 2024-12-09
Institutions: Council of the European Union
Subjects: Democratic Republic of the Congo, EU restrictive measure, economic sanctions, international sanctions, natural person




L_202403088EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2024/3088


10.12.2024







            COUNCIL DECISION (CFSP) 2024/3088
         
of 9 December 2024
         
amending Decision 2010/788/CFSP concerning restrictive measures in view of the situation in the Democratic Republic of the Congo


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 December 2010, the Council adopted Decision 2010/788/CFSP (1), which concerns restrictive measures in view of the situation in the Democratic Republic of the Congo (DRC).












(2)


On 12 December 2016, the Council adopted Decision (CFSP) 2016/2231 (2) in response to the obstruction of the electoral process and related human rights violations in the DRC. Decision (CFSP) 2016/2231 amended Decision 2010/788/CFSP, introducing autonomous restrictive measures in Article 3(2) of Decision 2010/788/CFSP.












(3)


On the basis of a review of the restrictive measures laid down in Article 3(2) of Decision 2010/788/CFSP, and considering the relevant circumstances and in view of the gravity of the situation in the DRC, those measures should be renewed until 12 December 2025.












(4)


Based on updated information, the entries for certain persons listed in Annex II to Decision 2010/788/CFSP should be amended.












(5)


Decision 2010/788/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Decision 2010/788/CFSP is amended as follows:






(1)


in Article 9, paragraph 2 is replaced by the following:

‘2.   The measures referred to in Article 3(2) shall apply until 12 December 2025. They shall be renewed, or amended as appropriate, if the Council deems that their objectives have not been met.’
;









(2)


Annex II is amended in accordance with the Annex to this Decision.






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




Done at Brussels, 9 December 2024.


For the Council


The President


               NAGY I.





(1)  Council Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures in view of the situation in the Democratic Republic of the Congo (OJ L 336, 21.12.2010, p. 30).

(2)  Council Decision (CFSP) 2016/2231 of 12 December 2016 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ L 336 I, 12.12.2016, p. 7).




ANNEX
In Section A (‘Persons’) of Annex II to Decision 2010/788/CFSP, entries 13, 17, 29 and 30 are replaced by the following:










 


Name


Identifying information


Reasons


Date of listing




‘13.


Joseph Nganzo Olikwa TIPI


a.k.a. Colonel Tipi Ziro Ziro, Joseph Ngadjole, Joseph Nganzole Olikwa
DOB: 10.11.1977
POB: Bunia Fataki, DRC
Nationality: DRC
Gender: male
Rank: Colonel of the FARDC
Position: Deputy Commander of the 12th Rapid Reaction Brigade in Minembwe, former Commander of the 312th battalion of the 31st Main Defence Brigade
Military ID: 1-77-96-32692-76


Joseph Nganzo Olikwa Tipi was Commander of the 312th battalion of the 31st Main Defence Brigade of the Armed Forces of the Democratic Republic of the Congo (FARDC) until January 2022.
Forces of the 312th battalion under his command and responsibility have committed attacks on civilians and serious human rights violations, in particular rapes of women between June and December 2021.
Joseph Nganzo Olikwa Tipi remains a high-ranking officer in the FARDC, as Colonel and Deputy Commander of the 12th Rapid Reaction Brigade in Minembwe (South Kivu), in charge of administration and logistics.
Owing to his functions, he bears responsibility for recent human rights violations committed by the FARDC.
Joseph Nganzo Olikwa Tipi is therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.


8.12.2022




17.


Alain François Viviane GOETZ


DOB: 24.4.1965
POB: Deurne, Antwerp, Belgium
Nationality: Belgian
Gender: male


Alain Goetz is a businessman, who is the former beneficial owner and former director of African Gold Refinery Ltd, registered in Uganda. He was linked to African Gold Refinery Ltd as an advisor and promoter.
Since 2016, African Gold Refinery Ltd has received, purchased, refined and traded illicit gold originating from mines in the DRC that are controlled by non-governmental armed groups, including the Mai-Mai Yakutumba and Raia Mutomboki, which are involved in destabilising activities in South Kivu province.
Alain Goetz also retains gold-related interests in the region, in particular through Aldabra, a company he formerly controlled which, together with the Rwandan state-owned company Ngali Mining, invested in the Aldango gold refinery. Alain Goetz retains a financial interest in Aldabra insofar as the claim for damages he filed with the International Centre for Settlement of Trade Disputes is still pending.
For all these reasons, Alain Goetz is exploiting the armed conflict, instability and insecurity in the DRC through the illicit exploitation and trade of natural resources.


8.12.2022




29.


Pierre Celestin RURAKABIJE


a.k.a. Guillaume NGABO, Bagdad, Simba Guillaume, Samba Guillaume, Ngabo Simba
Function/rank: Deputy Commander of the “Commando de recherche et d’action en profondeur” (CRAP) of the Forces Démocratiques pour la Libération du Rwanda / Forces Combattantes Abacunguzi (FDLR/FOCA), Lieutenant-Colonel
Nationality: Rwanda
Gender: male


Pierre Celestin Rurakabije holds a leading position as Deputy Commander within the Democratic Forces for the Liberation of Rwanda – Forces Combattantes Abacunguzi (FDLR-FOCA), a non-governmental armed group operating in Eastern DRC. In particular, he is the Deputy Commander of the “Commando de recherche et d’action en profondeur” (CRAP) of the FDLR-FOCA – considered as the commando and intelligence unit of the armed group.
FDLR-FOCA is a largely Hutu armed group, some of whose leaders took part in the 1994 genocide in Rwanda. The FDLR-FOCA, including the CRAP unit, contributes to the armed conflict, instability and insecurity in the DRC, in particular through violence and serious human rights abuses, including attacks on civilians, killings, violence against children, rape and other acts of sexual violence.
Owing to his leading position within the FDLR, Pierre Celestin Rurakabije is therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC. He is also responsible for sustaining the armed conflict, instability and insecurity in the DRC.


26.7.2024




30.


Gustave KUBWAYO


a.k.a. Sirkoof, Surkoof, Sirkoff, Surcouf, Surcoff, Surcof, Surkouf, Syrkoff, Modeste, Slycove
Function/rank: Commander of the “Commando de recherche et d’action en profondeur” (CRAP) of the Forces Démocratiques pour la Libération du Rwanda / Forces Combattantes Abacunguzi (FDLR/FOCA), Colonel
POB: Karago municipality, Gisenyi prefecture, Rwanda; or Nyabihu District, Western province, Rwanda
Nationality: Rwanda
Gender: male


Gustave Kubwayo holds a leading position as Commander in the Democratic Forces for the Liberation of Rwanda – Forces Combattantes Abacunguzi (FDLR-FOCA), an armed group operating in Eastern DRC. He leads the special unit “Commando de recherche et d’action en profondeur” (CRAP) of FDLR-FOCA – considered as the commando and intelligence unit of the armed group.
FDLR-FOCA is a largely Hutu armed group, some of whose leaders took part in the 1994 genocide in Rwanda. FDLR-FOCA fighters, including the CRAP unit, have committed rape and other acts of sexual violence and killed civilians. FDLR-FOCA is systemically engaged in kidnappings for ransom, arbitrary detentions and executions of civilians and the recruitment of child combatants. The armed group is also involved in illegal logging, exploitation of natural resources such as charcoal, and illegally collected taxes at checkpoints.
In his position as Commander of the CRAP unit, Gustave Kubwayo is involved in committing acts that constitute serious human rights violations or abuses in the DRC. He is also responsible for sustaining the armed conflict in the DRC.


26.7.2024’.








ELI: http://data.europa.eu/eli/dec/2024/3088/oj
ISSN 1977-0677 (electronic edition)