CELEX: 32009D1003
Language: en
Date: 2009-12-22 00:00:00
Title: Council Decision 2009/1003/CFSP of 22 December 2009 amending Common Position 2009/788/CFSP concerning restrictive measures against the Republic of Guinea

23.12.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 346/51
            
         
      COUNCIL DECISION 2009/1003/CFSP
   of 22 December 2009
   amending Common Position 2009/788/CFSP concerning restrictive measures against the Republic of Guinea
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:
   
               (1)
            
            
               On 27 October 2009, the Council adopted Common Position 2009/788/CFSP concerning restrictive measures against the Republic of Guinea (1), in response to the violent crackdown by security forces on political demonstrators in Conakry on 28 September 2009.
            
         
               (2)
            
            
               In view of the seriousness of the situation in the Republic of Guinea, additional restrictive measures should be imposed against the individual members of the National Council for Democracy and Development (NCDD) and natural or legal persons, entities or bodies associated with them, responsible for the violent repression or the political stalemate in the country.
            
         
               (3)
            
            
               Moreover, additional natural or legal persons, entities or bodies associated with the NCDD, should be included on the list of persons subject to the restrictive measures set out in the Annex to Common Position 2009/788/CFSP.
            
         
               (4)
            
            
               Further action by the Union is needed to implement certain measures,
            
         HAS ADOPTED THIS DECISION:
   Article 1
   Common Position 2009/788/CFSP is hereby amended as follows:
   
               1.
            
            
               Article 1 shall be replaced by the following:
               ‘Article 1
               1.   The sale, supply, transfer or export of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, as well as equipment which might be used for internal repression, to the Republic of Guinea by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be prohibited whether originating or not in their territories.
               2.   It shall be prohibited:
               
                           (a)
                        
                        
                           to provide, directly or indirectly, technical assistance, brokering services or other services related to the items referred to in paragraph 1 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in, or for use in, the Republic of Guinea;
                        
                     
                           (b)
                        
                        
                           to provide, directly or indirectly, financing or financial assistance related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering services or other services to any natural or legal person, entity or body in, or for use in, the Republic of Guinea;
                        
                     
                           (c)
                        
                        
                           to participate, knowingly and intentionally, in activities, the object or effect of which is to circumvent the prohibitions referred to in points (a) or (b).’;
                        
                     
         
               2.
            
            
               Article 2 shall be replaced by the following:
               ‘Article 2
               1.   Article 1 shall not apply to:
               
                           (a)
                        
                        
                           the sale, supply, transfer or export of non-lethal military equipment or of equipment which might be used for internal repression, intended solely for humanitarian or protective use, or for institution building programmes of the United Nations(UN) and the EU, or for EU and UN crisis management operations;
                        
                     
                           (b)
                        
                        
                           the sale, supply, transfer or export of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for protective use of personnel of the EU and its Member States in the Republic of Guinea;
                        
                     
                           (c)
                        
                        
                           the provision of technical assistance, brokering services and other services related to such equipment or to such programmes and operations;
                        
                     
                           (d)
                        
                        
                           the provision of financing and financial assistance related to such equipment or to such programmes and operations,
                        
                     on condition that such exports and assistance have been approved in advance by the relevant competent authority.
               2.   Article 1 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to the Republic of Guinea by UN personnel, personnel of the EU or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.’;
            
         
               3.
            
            
               Article 3, paragraph 1 shall be replaced by the following:
               ‘1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the individual members of the NCDD and persons associated with them, as listed in the Annex.’;
            
         
               4.
            
            
               The following article shall be inserted:
               ‘Article 3a
               1.   All funds and economic resources belonging to, owned, held or controlled by the individual members of the NCDD and natural or legal persons, entities or bodies associated with them, as listed in the Annex shall be frozen.
               2.   No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of, natural or legal persons, entities or bodies listed in the Annex.
               3.   The competent authority of a Member State may authorise the release of certain frozen funds or economic resources or the making available of certain funds or economic resources, under such conditions as it deems appropriate, after having determined that the funds or economic resources concerned are:
               
                           (a)
                        
                        
                           necessary to satisfy the basic needs of persons listed in the Annex and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
                        
                     
                           (b)
                        
                        
                           intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services;
                        
                     
                           (c)
                        
                        
                           intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; or
                        
                     
                           (d)
                        
                        
                           necessary for extraordinary expenses, provided that the competent authority has notified the competent authority of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least two weeks prior to the authorisation.
                        
                     A Member State shall inform the other Member States and the Commission of any authorisation granted under this paragraph.
               4.   By way of derogation from paragraph 1, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources, provided that the following conditions are met:
               
                           (a)
                        
                        
                           the funds or economic resources are subject of a judicial, administrative or arbitral lien established prior to the date on which the natural or legal person, entity or body referred to in Article 3a was included in the Annex or of a judicial, administrative or arbitral judgment rendered prior to that date;
                        
                     
                           (b)
                        
                        
                           the funds or economic resources will be used exclusively to satisfy claims secured by such a lien or recognised as valid in such a judgment, within the limits set by applicable laws and regulations governing the rights of persons having such claims;
                        
                     
                           (c)
                        
                        
                           the lien or judgment is not for the benefit of a natural or legal person, entity or body listed in the Annex; and
                        
                     
                           (d)
                        
                        
                           recognising the lien or judgement is not contrary to public policy in the Member State concerned.
                        
                     A Member State shall inform the other Member States and the Commission of any authorisation granted under this paragraph.
               5.   Paragraph 2 shall not apply to the addition to frozen accounts of:
               
                           (a)
                        
                        
                           interest or other earnings on those accounts; or
                        
                     
                           (b)
                        
                        
                           payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to this Common Position,
                        
                     provided that any such interest, other earnings and payments remain subject to paragraph 1.’.
            
         Article 2
   The Annex to Common Position 2009/788/CFSP shall be replaced by the Annex to this Decision.
   Article 3
   This Decision shall enter into force on the date of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.
   
      Done at Brussels, 22 December 2009.
      
         
            For the Council
         
         
            The President
         
         A. CARLGREN
         
      
   
   
      (1)  OJ L 281, 28.10.2009, p. 7.
   
      ANNEX II
      
         LIST OF PERSONS REFERRED TO IN ARTICLES 3 AND 3A
      
      
                   
               
               
                  Name (and possible aliases)
               
               
                  Identifying information (date and place of birth (d.o.b. and p.o.b.), passport (Pass.)/ID card number, etc.)
               
               
                  Reasons
               
            
                  1.
               
               
                  Captain Moussa Dadis CAMARA
               
               
                  d.o.b: 01/01/64 or 29/12/68
                  Pass: R0001318
               
               
                  President of the CNDD
               
            
                  2.
               
               
                  Major-General Mamadouba (alias Mamadou) Toto CAMARA
               
               
                  d.o.b: 01/01/46
                  Pass: R00009392
               
               
                  Minister for Security and Civil Protection
               
            
                  3.
               
               
                  General Sékouba KONATÉ
               
               
                  d.o.b: 01/01/64
                  Pass: R0003405/R0002505
               
               
                  Minister for Defence
               
            
                  4.
               
               
                  Colonel Mathurin BANGOURA
               
               
                  d.o.b: 15/11/62
                  Pass: R0003491
               
               
                  Minister for Telecommunications and New Information Technologies
               
            
                  5.
               
               
                  Lieutenant Colonel Aboubacar Sidiki (alias Idi Amin) CAMARA
               
               
                  d.o.b: 22/10/1979
                  Pass: R0017873
               
               
                  Minister and Permanent Secretary of the CNDD (discharged from the army on 26/01/09)
               
            
                  6.
               
               
                  Commandant Oumar BALDÉ
               
               
                  d.o.b: 26/12/64
                  Pass: R0003076
               
               
                  Member of the CNDD
               
            
                  7.
               
               
                  Commandant Mamadi (alias Mamady) MARA
               
               
                  d.o.b: 01/01/54
                  Pass: R0001343
               
               
                  Member of the CNDD
               
            
                  8.
               
               
                  Commandant Almamy CAMARA
               
               
                  d.o.b: 17/10/75
                  Pass: R0023013
               
               
                  Member of the CNDD
               
            
                  9.
               
               
                  Lieutenant Col. Mamadou Bhoye DIALLO
               
               
                  d.o.b: 01/01/56
                  Pass: R0001855
               
               
                  Member of the CNDD
               
            
                  10.
               
               
                  Captain Koulako BÉAVOGUI
               
               
                   
               
               
                  Member of the CNDD
               
            
                  11.
               
               
                  Police Lieutenant Colonel Kandia (alias Kandja) MARA
               
               
                  Pass: R0178636
               
               
                  Member of the CNDD
                  Regional Director of Security in Labé
               
            
                  12.
               
               
                  Colonel Sékou MARA
               
               
                  d.o.b: 1957
               
               
                  Member of the CNDD
                  Deputy Director of National Police
               
            
                  13.
               
               
                  Morciré CAMARA
               
               
                  d.o.b: 01/01/49
                  Pass: R0003216
               
               
                  Member of the CNDD
               
            
                  14.
               
               
                  Alpha Yaya DIALLO
               
               
                   
               
               
                  Member of the CNDD
                  National Director of Customs
               
            
                  15.
               
               
                  Colonel Mamadou Korka DIALLO
               
               
                  d.o.b: 19/02/62
               
               
                  Minister for Trade, Industry and SMEs
               
            
                  16.
               
               
                  Commandant Kelitigui FARO
               
               
                  d.o.b: 03/08/72
                  Pass: R0003410
               
               
                  Minister and Secretary-General to the Presidency of the Republic
               
            
                  17.
               
               
                  Colonel Fodeba TOURÉ
               
               
                  d.o.b: 07/06/61
                  Pass: R0003417/R0002132
               
               
                  Governor of Kindia (former Minister for Youth, dismissed as Minister on 07/05/09)
               
            
                  18.
               
               
                  Commandant Cheick Sékou (alias Ahmed) Tidiane CAMARA
               
               
                  d.o.b: 12/05/66
               
               
                  Member of the CNDD
               
            
                  19.
               
               
                  Colonel Sékou (alias Sékouba) SAKO
               
               
                   
               
               
                  Member of the CNDD
               
            
                  20.
               
               
                  Lieutenant Jean-Claude alias COPLAN PIVI
               
               
                  d.o.b: 01/01/60
               
               
                  Member of the CNDD
                  Minister with responsibility for presidential security
               
            
                  21.
               
               
                  Captain Saa Alphonse TOURÉ
               
               
                  d.o.b: 03/06/70
               
               
                  Member of the CNDD
               
            
                  22.
               
               
                  Colonel Moussa KEITA
               
               
                  d.o.b: 01/01/66
               
               
                  Member of the CNDD
                  Minister and Permanent Secretary of the CNDD with responsibility for relations with Republican Institutions
               
            
                  23.
               
               
                  Lt. Col. Aïdor (alias Aëdor) BAH
               
               
                   
               
               
                  Member of the CNDD
               
            
                  24.
               
               
                  Commandant Bamou LAMA
               
               
                   
               
               
                  Member of the CNDD
               
            
                  25.
               
               
                  Mr Mohamed Lamine KABA
               
               
                   
               
               
                  Member of the CNDD
               
            
                  26.
               
               
                  Captain Daman (alias Dama) CONDÉ
               
               
                   
               
               
                  Member of the CNDD
               
            
                  27.
               
               
                  Commandant Aboubacar Amadou DOUMBOUYA
               
               
                   
               
               
                  Member of the CNDD
               
            
                  28.
               
               
                  Commandant Moussa Tiégboro CAMARA
               
               
                  d.o.b: 01/01/68
                  Pass: 7190
               
               
                  Member of the CNDD
                  Minister attached to the Presidency with responsibility for special anti-drug services and organised crime
               
            
                  29.
               
               
                  Captain Issa CAMARA
               
               
                  d.o.b: 1954
               
               
                  Member of the CNDD
                  Governor of Mamou
               
            
                  30.
               
               
                  Colonel Dr. Abdoulaye Chérif DIABY
               
               
                  d.o.b: 26/02/57
                  Pass: 13683
               
               
                  Member of the CNDD
                  Minister for Health and Sanitation,
               
            
                  31.
               
               
                  Mamady CONDÉ
               
               
                  d.o.b: 28/11/52
                  Pass: R0003212
               
               
                  Member of the CNDD
               
            
                  32.
               
               
                  S-Lt. Cheikh Ahmed TOURÉ
               
               
                   
               
               
                  Member of the CNDD
               
            
                  33.
               
               
                  Lt. Colonel Aboubacar Biro CONDÉ
               
               
                  d.o.b: 15/10/62
                  Pass: 2443/R0004700
               
               
                  Member of the CNDD
               
            
                  34.
               
               
                  Bouna KEITA
               
               
                   
               
               
                  Member of the CNDD
               
            
                  35.
               
               
                  Idrissa CHERIF
               
               
                  d.o.b: 13/11/67
                  Pass: R0105758
               
               
                  Minister with responsibility for Communication attached to the Presidency and the Ministry of Defence
               
            
                  36.
               
               
                  Mamoudou (alias Mamadou) CONDÉ
               
               
                  d.o.b: 09/12/60
                  Pass: R0020803
               
               
                  State Secretary, official representative, with responsibility for Strategic Issues and Sustainable Development
               
            
                  37.
               
               
                  Lieutenant Aboubacar Chérif (alias Toumba) DIAKITÉ
               
               
                   
               
               
                  Presidential aide-de-camp
               
            
                  38.
               
               
                  Ibrahima Khalil DIAWARA
               
               
                  d.o.b: 01/01/76
                  Pass: R0000968
               
               
                  Special adviser to Aboubacar Chérif ‘Toumba’ Diakité
               
            
                  39.
               
               
                  S-Lt Marcel KOIVOGUI
               
               
                   
               
               
                  Deputy to Aboubacar Chérif ‘Toumba’ Diakité
               
            
                  40.
               
               
                  Mr Papa Koly KOUROUMA
               
               
                  d.o.b: 03/11/62
                  Pass: R11914/R001534
               
               
                  Minister for the Environment and Sustainable Development
               
            
                  41.
               
               
                  Commandant Nouhou THIAM
               
               
                  d.o.b: 1960
                  Pass: 5180
               
               
                  Inspector-General of the armed forces
                  CNDD spokesman
               
            
                  42.
               
               
                  Police Captain Théodore (alias Siba) KOUROUMA
               
               
                  d.o.b: 13/05/71
                  Pass: Service R0001204
               
               
                  Attaché in the presidential private office
               
            
                  43.
               
               
                  Mr Kabinet (alias Kabiné) KOMARA
               
               
                  d.o.b: 08/03/50
                  Pass: R0001747
               
               
                  Prime Minister
               
            
                  44.
               
               
                  Captain Mamadou SANDÉ
               
               
                  d.o.b: 12/12/69
                  Pass: R0003465
               
               
                  Minister attached to the Presidency with responsibility for the economy and finances
               
            
                  45.
               
               
                  Mr Alhassane (alias Al-Hassane) Siba ONIPOGUI
               
               
                  d.o.b: 31/12/61
                  Pass: 5938/R00003488
               
               
                  Minister attached to the Presidency with responsibility for State control
               
            
                  46.
               
               
                  Mr Joseph KANDUNO
               
               
                   
               
               
                  Minister with responsibility for audits, transparency and good governance
               
            
                  47.
               
               
                  Mr Fodéba (alias Isto) KÉIRA
               
               
                  d.o.b: 04/06/61
                  Pass: R0001767
               
               
                  Minister for Youth, Sport and the Promotion of Youth Employment
               
            
                  48.
               
               
                  Colonel Siba LOHALAMOU
               
               
                  d.o.b: 01/08/62
                  Pass: R0001376
               
               
                  Minister for Justice and Keeper of the Seals
               
            
                  49.
               
               
                  Dr. Frédéric KOLIÉ
               
               
                  d.o.b: 01/01/60
                  Pass: R0001714
               
               
                  Minister for Territorial Administration and Political Affairs
               
            
                  50.
               
               
                  Mr Alexandre Cécé LOUA
               
               
                  d.o.b: 01/01/56
                  Pass: R0001757 /
                  Diplomatic passport: R 0000027
               
               
                  Minister for Foreign Affairs and Guineans Abroad
               
            
                  51.
               
               
                  Mr Mamoudou (alias Mahmoud) THIAM
               
               
                  d.o.b: 04/10/68
                  Pass: R0001758
               
               
                  Minister for Mines and Energy
               
            
                  52.
               
               
                  Mr Boubacar BARRY
               
               
                  d.o.b: 28/05/64
                  Pass: R0003408
               
               
                  Minister of State attached to the Presidency with responsibility for construction, planning and public buildings
               
            
                  53.
               
               
                  Demba FADIGA
               
               
                  d.o.b: 01/01/52
                  Pass: residence permit FR365845/365857
               
               
                  Member of the CNDD
                  Ambassador Extraordinary and Plenipotentiary with responsibility for relations between the CNDD and the Government
               
            
                  54.
               
               
                  Mr Mohamed DIOP
               
               
                  d.o.b: 01/01/63
                  Pass: R0001798
               
               
                  Member of the CNDD
                  Governor of Conakry
               
            
                  55.
               
               
                  Sgt Mohamed (alias Tigre) CAMARA
               
               
                   
               
               
                  Member of the security forces attached to the Koundara Presidential Guard camp
               
            
                  56.
               
               
                  Mr Habib HANN
               
               
                  d.o.b: 15/12/50
                  Pass: 341442
               
               
                  Audit and Surveillance Committee for Strategic Sectors of the State
               
            
                  57.
               
               
                  Mr Ousmane KABA
               
               
                   
               
               
                  Audit and Surveillance Committee for Strategic Sectors of the State
               
            
                  58.
               
               
                  Mr Alfred MATHOS
               
               
                   
               
               
                  Audit and Surveillance Committee for Strategic Sectors of the State
               
            
                  59.
               
               
                  Capt. Mandiou DIOUBATÉ
               
               
                  d.o.b: 01/01/60
                  Pass: R0003622
               
               
                  Director of the Presidency press office
                  CNDD spokesman
               
            
                  60.
               
               
                  Cheik Sydia DIABATÉ
               
               
                  d.o.b: 23/04/68
                  Pass: R0004490
               
               
                  Member of the armed forces
                  Director of the Intelligence and Investigation Services at the Ministry of Defence
               
            
                  61.
               
               
                  Mr Ibrahima Ahmed BARRY
               
               
                  d.o.b: 11/11/61
                  Pass: R0048243
               
               
                  Director General of Radio Télévision Guinéenne
               
            
                  62.
               
               
                  Mr Alhassane BARRY
               
               
                  d.o.b: 15/11/62
                  Pass: R0003484
               
               
                  Governor of the Central Bank
               
            
                  63.
               
               
                  Mr Roda Namatala FAWAZ
               
               
                  d.o.b: 06/07/47
                  Pass: R0001977
               
               
                  Businessman connected to the CNDD who has given the CNDD financial support
               
            
                  64.
               
               
                  Dioulde DIALLO
               
               
                   
               
               
                  Businessman connected to the CNDD who has given the CNDD financial support
               
            
                  65.
               
               
                  Kerfalla CAMARA KPC
               
               
                   
               
               
                  CEO of Guicopress
                  Businessman connected to the CNDD who has given the CNDD financial support
               
            
                  66.
               
               
                  Dr. Moustapha ZABATT
               
               
                  d.o.b: 06/02/65
               
               
                  Doctor and personal adviser to the President
               
            
                  67.
               
               
                  Aly MANET
               
               
                   
               
               
                  ‘Dadis Doit Rester’ (Dadis Must Stay) movement
               
            
                  68.
               
               
                  Louis M'bemba SOUMAH
               
               
                   
               
               
                  Minister for Employment, Administrative Reform and the Civil Service
               
            
                  69.
               
               
                  Cheik Fantamady CONDÉ
               
               
                   
               
               
                  Minister for Information and Culture
               
            
                  70.
               
               
                  Boureima CONDÉ
               
               
                   
               
               
                  Minister for Agriculture and Stock Farming
               
            
                  71.
               
               
                  Mariame SYLLA
               
               
                   
               
               
                  Minister for Decentralisation and Local Government