CELEX: 32020R2021
Language: en
Date: 2020-12-10 00:00:00
Title: Council Implementing Regulation (EU) 2020/2021 of 10 December 2020 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo

11.12.2020   
               
               
                  EN
               
               
                  Official Journal of the European Union
               
               
                  L 419/5
               
            
         COUNCIL IMPLEMENTING REGULATION (EU) 2020/2021
         of 10 December 2020
         implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 1183/2005 of 18 July 2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of Congo (1), and in particular Article 9 thereof,
         Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:
         
                     (1)
                  
                  
                     On 18 July 2005, the Council adopted Regulation (EC) No 1183/2005.
                  
               
                     (2)
                  
                  
                     Further to a review of the autonomous restrictive measures laid down in Article 2b of Regulation (EC) No 1183/2005, the statements of reasons relating to certain persons listed in Annex Ia to Regulation (EC) No 1183/2005 should be amended and one person should be removed from the list in that Annex.
                  
               
                     (3)
                  
                  
                     Regulation (EC) No 1183/2005 should therefore be amended accordingly,
                  
               HAS ADOPTED THIS REGULATION:
         
            Article 1
            Annex Ia to Regulation (EC) No 1183/2005 is replaced by the text appearing 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, 10 December 2020.
            
               
                  For the Council
               
               
                  The President
               
               M. ROTH
            
         
         
            (1)  OJ L 193, 23.7.2005, p. 1.
      
      
         
            ANNEX
            
               
                  
                     ‘ANNEX Ia
                     LIST OF PERSONS, ENTITIES AND BODIES REFERRED TO IN ARTICLE 2b
                     A.   Persons
                     
                                  
                              
                              
                                 Name
                              
                              
                                 Identifying information
                              
                              
                                 Grounds for listing
                              
                              
                                 Date of listing
                              
                           
                                 1
                              
                              
                                 Ilunga KAMPETE
                              
                              
                                 a.k.a. Gaston Hughes Ilunga Kampete; Hugues Raston Ilunga Kampete
                                 DOB: 24.11.1964
                                 POB: Lubumbashi, DRC
                                 Nationality: DRC
                                 Military ID number: 1-64-86-22311-29
                                 Address: 69, avenue Nyangwile, Kinsuka Mimosas, Kinshasa/Ngaliema, DRC
                                 Gender: Male
                              
                              
                                 As Commander of the Republican Guard (GR) until April 2020, Ilunga Kampete was responsible for the GR units deployed on the ground and involved in the disproportionate use of force and violent repression in September 2016 in Kinshasa.
                                 He was also responsible for the repression and infringement of human rights committed by GR agents, such as the violent repression of an opposition rally in Lubumbashi in December 2018.
                                 Since July 2020, he remains a high-ranking soldier, as a Lieutenant General in the Congolese Armed Forces (FARDC) and Commander of the Kitona military base in the province of Kongo Central. By virtue of his functions, he bears responsibility for the recent human rights violations committed by the FARDC.
                                 Ilunga Kampete was therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.
                              
                              
                                 12.12.2016
                              
                           
                                 2
                              
                              
                                 Gabriel Amisi KUMBA
                              
                              
                                 a.k.a. Gabriel Amisi Nkumba; ‘Tango Fort’; ‘Tango Four’
                                 DOB: 28.5.1964
                                 POB: Malela, DRC
                                 Nationality: DRC
                                 Military ID number: 1-64-87-77512-30
                                 Address: 22, avenue Mbenseke, Ma Campagne, Kinshasa/Ngaliema, DRC
                                 Gender: Male
                              
                              
                                 Former Commander of the first defence zone of the Congolese Armed Forces (FARDC), which took part in the disproportionate use of force and violent repression in September 2016 in Kinshasa.
                                 In his capacity as Deputy Chief of Staff of the FARDC in charge of operations and intelligence from July 2018 to July 2020, and owing to his senior duties as Inspector General of the FARDC since July 2020, he bears responsibility for recent human rights violations committed by the FARDC.
                                 Gabriel Amisi Kumba was therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.
                              
                              
                                 12.12.2016
                              
                           
                                 3
                              
                              
                                 Ferdinand Ilunga LUYOYO
                              
                              
                                 DOB: 8.3.1973
                                 POB: Lubumbashi, DRC
                                 Nationality: DRC
                                 DRC passport number: OB0260335 (valid from 15.4.2011 to 14.4.2016)
                                 Address: 2, avenue des Orangers, Kinshasa/Gombe, DRC
                                 Gender: Male
                              
                              
                                 As Commander of the anti-riot unit called the Légion Nationale d’Intervention of the Congolese National Police (PNC) until 2017, and Commander of the unit responsible for the protection of institutions and high-ranking officials within the PNC until December 2019, Ferdinand Ilunga Luyoyo was responsible for the disproportionate use of force and violent repression in September 2016 in Kinshasa, and bears responsibility for the subsequent human rights violations committed by the PNC.
                                 Ferdinand Ilunga Luyoyo was therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.
                                 Ferdinand Ilunga Luyoyo has retained his rank of General and remains active on the public scene in the DRC.
                              
                              
                                 12.12.2016
                              
                           
                                 4
                              
                              
                                 Célestin KANYAMA
                              
                              
                                 a.k.a. Kanyama Tshisiku Celestin; Kanyama Celestin Cishiku Antoine; Kanyama Cishiku Bilolo Célestin; ‘Esprit de mort’
                                 DOB: 4.10.1960
                                 POB: Kananga, DRC
                                 Nationality: DRC
                                 DRC passport number: OB0637580 (valid from 20.5.2014 to 19.5.2019)
                                 Schengen visa number 011518403, issued on 2.7.2016
                                 Address: 56, avenue Usika, Kinshasa/Gombe, DRC
                                 Gender: Male
                              
                              
                                 As Commissioner of the Congolese National Police (PNC), Célestin Kanyama was responsible for the disproportionate use of force and violent repression in September 2016 in Kinshasa.
                                 In July 2017, Célestin Kanyama was appointed Director-General of the PNC’s training schools. Owing to his role as a senior PNC official, he bears responsibility for the recent human rights violations committed by the PNC. One example is the intimidation and deprivation of freedom imposed on journalists by police officers in October 2018, after the publication of a series of articles on the misappropriation of police cadet rations, and the role that Célestin Kanyama played in these events.
                                 Célestin Kanyama was therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.
                              
                              
                                 12.12.2016
                              
                           
                                 5
                              
                              
                                 John NUMBI
                              
                              
                                 a.k.a. John Numbi Banza Tambo; John Numbi Banza Ntambo; Tambo Numbi
                                 DOB: 16.8.1962
                                 POB: Jadotville-Likasi-Kolwezi, DRC
                                 Nationality: DRC
                                 Address: 5, avenue Oranger, Kinshasa/Gombe, DRC
                                 Gender: Male
                              
                              
                                 John Numbi was Inspector General of the Congolese Armed Forces (FARDC) from July 2018 until July 2020. Owing to his role, he bears responsibility for the recent human rights violations committed by the FARDC, such as disproportionate violence against illegal miners from June to July 2019 committed by FARDC troops under his direct authority.
                                 John Numbi was therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.
                                 John Numbi retains a position of influence in the FARDC, especially in Katanga, where serious human rights violations committed by the FARDC have been reported.
                              
                              
                                 12.12.2016
                              
                           
                                 6
                              
                              
                                 Evariste BOSHAB
                              
                              
                                 a.k.a. Evariste Boshab Mabub Ma Bileng
                                 DOB: 12.1.1956
                                 POB: Tete Kalamba, DRC
                                 Nationality: DRC
                                 Diplomatic passport number: DP0000003 (valid from 21.12.2015 to 20.12.2020)
                                 Schengen visa expired on 5.1.2017
                                 Address: 3, avenue du Rail, Kinshasa/Gombe, DRC
                                 Gender: Male
                              
                              
                                 In his capacity as Vice Prime Minister and Minister of Interior and Security from December 2014 to December 2016, Evariste Boshab was officially responsible for the police and security services and for coordinating the work of provincial governors. In this capacity, he was responsible for arrests of activists and opposition members, as well as disproportionate use of force, including between September 2016 and December 2016 in response to demonstrations in Kinshasa, which resulted in a large number of civilians being killed or injured by security services.
                                 Evariste Boshab was therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.
                                 Evariste Boshab also played a part in the exploitation and aggravation of the crisis in the Kasai region, where he maintains a position of influence, in particular since becoming Senator of Kasai in March 2019.
                              
                              
                                 29.5.2017
                              
                           
                                 7
                              
                              
                                 Alex Kande MUPOMPA
                              
                              
                                 a.k.a. Alexandre Kande Mupomba; Kande-Mupompa
                                 DOB: 23.9.1950
                                 POB: Kananga, DRC
                                 Nationality: DRC and Belgian
                                 DRC passport number: OP0024910 (valid from 21.3.2016 to 20.3.2021)
                                 Addresses: Messidorlaan 217/25, 1180 Uccle, Belgium
                                 1, avenue Bumba, Kinshasa/Ngaliema, DRC
                                 Gender: Male
                              
                              
                                 As Governor of Kasai Central until October 2017, Alex Kande Mupompa was responsible for the disproportionate use of force, violent repression and extrajudicial killings committed by security forces and the Congolese National Police (PNC) in Kasai Central from August 2016, including killings in the territory of Dibaya in February 2017.
                                 Alex Kande Mupompa was therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.
                                 Alex Kande Mupompa also played a part in the exploitation and aggravation of the crisis in the Kasai region for which he was a representative until October 2019 and in which he maintains a position of influence as leader of the Congrès des alliés pour l’action au Congo (CAAC) which is part of the provincial government of Kasai.
                              
                              
                                 29.5.2017
                              
                           
                                 8
                              
                              
                                 Jean-Claude Kazembe MUSONDA
                              
                              
                                 DOB: 17.5.1963
                                 POB: Kashobwe, DRC
                                 Nationality: DRC
                                 Address: 7891, avenue Lubembe, Quartier Lido, Lubumbashi, Haut-Katanga, DRC
                                 Gender: Male
                              
                              
                                 As Governor of Haut-Katanga until April 2017, Jean-Claude Kazembe Musonda was responsible for the disproportionate use of force and violent repression committed by security forces and the Congolese National Police (PNC) in Haut-Katanga, including between 15 and 31 December 2016, when 12 civilians were killed and 64 were injured as a result of the use of lethal force by security forces including PNC agents in response to protests in Lubumbashi.
                                 Jean-Claude Kazembe Musonda was therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.
                                 Jean-Claude Kazembe Musonda is the leader of the CONAKAT party, which has remained loyal to the Front Commun pour le Congo (FCC).
                              
                              
                                 29.5.2017
                              
                           
                                 9
                              
                              
                                 Éric RUHORIMBERE
                              
                              
                                 a.k.a. Eric Ruhorimbere Ruhanga; ‘Tango Two’; ‘Tango Deux’
                                 DOB: 16.7.1969
                                 POB: Minembwe, DRC
                                 Nationality: DRC
                                 Military ID number: 1-69-09-51400-64
                                 DRC passport number: OB0814241
                                 Address: Mbujimayi, Kasai Province, DRC
                                 Gender: Male
                              
                              
                                 As Deputy Commander of the 21st military region from September 2014 to July 2018, Éric Ruhorimbere was responsible for the disproportionate use of force and extrajudicial killings perpetrated by the Congolese Armed Forces (FARDC), in particular against the Nsapu militia and women and children.
                                 Éric Ruhorimbere has been the Commander of the Nord Equateur operational sector since July 2018. Owing to his role, he bears responsibility for the recent human rights violations committed by the FARDC.
                                 Éric Ruhorimbere was therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.
                              
                              
                                 29.5.2017
                              
                           
                                 10
                              
                              
                                 Emmanuel Ramazani SHADARI
                              
                              
                                 a.k.a. Emmanuel Ramazani Shadari Mulanda; Shadary
                                 DOB: 29.11.1960
                                 POB: Kasongo, DRC
                                 Nationality: DRC
                                 Address: 28, avenue Ntela, Mont Ngafula, Kinshasa, DRC
                                 Gender: Male
                              
                              
                                 As Vice Prime Minister and Minister of Interior and Security until February 2018, Emmanuel Ramazani Shadari was officially responsible for the police and security services and for coordinating the work of provincial governors. In this capacity, he was responsible for the arrests of activists and opposition members, as well as for the disproportionate use of force, such as the violent crackdown on members of the Bundu Dia Kongo (BDK) movement in Kongo Central, the repression in Kinshasa from January to February 2017 and the disproportionate use of force and violent repression in the Kasai provinces.
                                 In this capacity, Emmanuel Ramazani Shadari was therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.
                                 Since February 2018, Emmanuel Ramazani Shadari has been permanent secretary of the Parti du peuple pour la reconstruction et le développement (PPRD), the main party in the coalition under former President Joseph Kabila.
                              
                              
                                 29.5.2017
                              
                           
                                 11
                              
                              
                                 Kalev MUTONDO
                              
                              
                                 a.k.a. Kalev Katanga Mutondo; Kalev Motono; Kalev Mutundo; Kalev Mutoid; Kalev Mutombo; Kalev Mutond; Kalev Mutondo Katanga; Kalev Mutund
                                 DOB: 3.3.1957
                                 Nationality: DRC
                                 DRC passport number: DB0004470 (valid from 8.6.2012 to 7.6.2017)
                                 Address: 24, avenue Ma Campagne, Kinshasa, DRC
                                 Gender: Male
                              
                              
                                 As Head of the National Intelligence Service (ANR) until February 2019, Kalev Mutondo was involved in and responsible for the arbitrary arrest, detention and mistreatment of opposition members, civil society activists and others.
                                 Kalev Mutondo was therefore involved in planning, directing or committing acts that constitute serious human rights violations or abuses in the DRC.
                                 In May 2019, he signed a declaration of past and future loyalty to Joseph Kabila, to whom he remains close.
                                 Kalev Mutondo still wields a high degree of political influence, in his new role as “political advisor” to the Prime Minister of the DRC.
                              
                              
                                 29.5.2017
                              
                           B.   Entities
                  
               ’.