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Document 02023D2287-20241016
Council Decision (CFSP) 2023/2287 of 23 October 2023 concerning restrictive measures in view of the situation in Niger
Consolidated text: Council Decision (CFSP) 2023/2287 of 23 October 2023 concerning restrictive measures in view of the situation in Niger
Council Decision (CFSP) 2023/2287 of 23 October 2023 concerning restrictive measures in view of the situation in Niger
02023D2287 — EN — 16.10.2024 — 001.001
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COUNCIL DECISION (CFSP) 2023/2287 of 23 October 2023 concerning restrictive measures in view of the situation in Niger (OJ L 2287 24.10.2023, p. 1) |
Amended by:
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Official Journal |
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L 2702 |
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15.10.2024 |
COUNCIL DECISION (CFSP) 2023/2287
of 23 October 2023
concerning restrictive measures in view of the situation in Niger
Article 1
Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of natural persons:
responsible for actions or policies that threaten the peace, stability or security of Niger, or who have engaged directly or indirectly in, provided support to, or benefited from such actions or policies;
undermining the constitutional order in Niger;
whose actions, policies or activities undermine democracy or the rule of law in Niger, including those who are responsible for the arbitrary detention of democratically elected authorities of Niger;
involved in planning, directing or committing acts in Niger that constitute serious human rights violations or abuses or violations of international humanitarian law, as applicable;
associated with the natural persons designated under points (a) to (d), or with the natural or legal persons designated under Article 2(1);
as listed in the Annex.
Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:
as a host country of an international intergovernmental organisation;
as a host country to an international conference convened by, or under the auspices of, the United Nations;
under a multilateral agreement conferring privileges and immunities; or
under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy.
Article 2
All funds and economic resources belonging to, owned, held or controlled by natural or legal persons, entities or bodies:
responsible for actions or policies that threaten the peace, stability or security of Niger, or who have engaged directly or indirectly in, provided support to, or benefited from such actions or policies;
undermining the constitutional order in Niger;
whose actions, policies or activities undermine democracy or the rule of law in Niger, including those who are responsible for the arbitrary detention of democratically elected authorities of Niger;
involved in planning, directing or committing acts in Niger that constitute serious human rights violations or abuses or violations of international humanitarian law, as applicable;
associated with the natural or legal persons, entities or bodies designated under points (a) to (d) above;
as listed in the Annex, shall be frozen.
By way of derogation from paragraphs 1 or 2, competent authorities of the Member States 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 they deem appropriate, after having determined that the funds or economic resources concerned are:
necessary to satisfy the basic needs of the persons listed in the Annex and their dependent family members, including payments for foodstuffs, rent or mortgages, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;
intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources;
necessary for extraordinary expenses, provided that the competent authority concerned has notified the competent authorities 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; or
to be paid into or from an account of a diplomatic mission or consular post or an international organisation enjoying immunities in accordance with international law, insofar as such payments are intended to be used for official purposes of the diplomatic mission or consular post or international organisation.
The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph within two weeks of such authorisation.
By way of derogation from paragraph 1, competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, provided that the following conditions are met:
the funds or economic resources are the subject of an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in paragraph 1 was listed in the Annex, or the subject of a judicial or administrative decision rendered in the Union, or of a judicial decision enforceable in the Member State concerned, prior to or after that date;
the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;
the decision is not for the benefit of a natural or legal person, entity or body listed in the Annex; and
recognition of the decision is not contrary to public policy in the Member State concerned.
The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph within two weeks of such authorisation.
Paragraph 2 shall not apply to the addition to frozen accounts of:
interest or other earnings on those accounts, provided that such interest or other earnings remain subject to the measures provided for in paragraph 1;
payments due under contracts, agreements or obligations that were concluded or that arose prior to the date on which those accounts became subject to the measures provided for in paragraphs 1 and 2, provided that such payments remain subject to the measures provided for in paragraph 1; or
payments due under judicial, administrative or arbitral decisions rendered in the Union or enforceable in the Member State concerned, provided that such payments remain subject to the measures provided for in paragraph 1.
Paragraphs 1 and 2 shall not apply to the provision, processing or payment of funds, other financial assets or economic resources or to the provision of goods and services, which are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:
the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;
international organisations;
humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;
bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA);
organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate or which are certified or recognised by a Member State in accordance with national procedures;
Member States’ specialised agencies; or
the employees, grantees, subsidiaries, or implementing partners of the entities referred to in points (a) to (f) while and to the extent that they are acting in those capacities.
The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this Article within four weeks of such authorisation.
Article 3
Article 4
Article 5
The Council and the High Representative may process personal data in order to carry out their tasks under this Decision, in particular:
as regards the Council, for preparing and making amendments to the Annex;
as regards the High Representative, for preparing amendments to the Annex.
Article 6
No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Decision, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, in particular a claim for extension or payment of a bond, guarantee or indemnity, in particular a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:
designated natural or legal persons, entities or bodies listed in the Annex;
any natural or legal person, entity or body acting through or on behalf of one of the natural or legal persons, entities or bodies referred to in point (a).
Article 7
It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions set out in this Decision.
Article 8
In order to maximise the impact of the measures set out in this Decision, the Union shall encourage third States to adopt restrictive measures similar to those provided for in this Decision.
Article 9
This Decision shall apply until 24 October 2025.
This Decision shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.
The exceptions referred to in Article 2(7), (8) and (9) as regards Article 2(1) and (2) shall be reviewed at regular intervals and at least every 12 months or, following a fundamental change in circumstances, at the urgent request of any Member State, the High Representative, or the Commission.
Article 10
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
ANNEX
List of natural and legal persons, entities and bodies referred to in Articles 1 and 2
[…]
( 1 ) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).