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Document 02004R0314-20130925
Council Regulation (EC) No 314/2004 of 19 February 2004 concerning certain restrictive measures in respect of Zimbabwe
Consolidated text: Council Regulation (EC) No 314/2004 of 19 February 2004 concerning certain restrictive measures in respect of Zimbabwe
Council Regulation (EC) No 314/2004 of 19 February 2004 concerning certain restrictive measures in respect of Zimbabwe
2004R0314 — EN — 25.09.2013 — 014.001
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
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COUNCIL REGULATION (EC) No 314/2004 of 19 February 2004 concerning certain restrictive measures in respect of Zimbabwe (OJ L 055, 24.2.2004, p.1) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 273 |
12 |
21.8.2004 |
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L 153 |
9 |
16.6.2005 |
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L 201 |
40 |
2.8.2005 |
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L 216 |
6 |
20.8.2005 |
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L 363 |
1 |
20.12.2006 |
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L 66 |
14 |
6.3.2007 |
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L 101 |
6 |
18.4.2007 |
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L 173 |
3 |
3.7.2007 |
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L 195 |
19 |
24.7.2008 |
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L 331 |
11 |
10.12.2008 |
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L 23 |
5 |
27.1.2009 |
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L 51 |
13 |
2.3.2010 |
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L 49 |
23 |
24.2.2011 |
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COMMISSION IMPLEMENTING REGULATION (EU) No 151/2012 of 21 February 2012 |
L 49 |
2 |
22.2.2012 |
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COMMISSION IMPLEMENTING REGULATION (EU) No 145/2013 of 19 February 2013 |
L 47 |
63 |
20.2.2013 |
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L 158 |
1 |
10.6.2013 |
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COMMISSION IMPLEMENTING REGULATION (EU) No 915/2013 of 23 September 2013 |
L 252 |
23 |
24.9.2013 |
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Corrected by:
COUNCIL REGULATION (EC) No 314/2004
of 19 February 2004
concerning certain restrictive measures in respect of Zimbabwe
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 60 and 301 thereof,
Having regard to Council Common Position 2004/161/CFSP of 19 February 2004 renewing restrictive measures against Zimbabwe ( 1 ),
Having regard to the proposal from the Commission,
Whereas:|
(1) |
By means of Common Position 2002/145/CFSP of 18 February 2002 concerning restrictive measures against Zimbabwe ( 2 ), the Council expressed serious concern about the situation in Zimbabwe and in particular about serious violations of human rights by the Government of Zimbabwe, including violations of the freedoms of opinion, of association and of peaceful assembly. In view of this, it imposed certain restrictive measures, which are subject to annual review. Some of the restrictive measures imposed against Zimbabwe were implemented at Community level by Council Regulation (EC) No 310/2002 ( 3 ). The period of that Regulation's application was extended until 20 February 2004 by Council Regulation (EC) No 313/2003 ( 4 ). |
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(2) |
The Council continues to consider that the Government of Zimbabwe is still engaging in serious violations of human rights. Therefore, for as long as the violations occur, the Council deems it necessary to maintain restrictive measures against the Government of Zimbabwe and those who bear prime responsibility for such violations. |
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(3) |
Accordingly, Common Position 2004/161/CFSP provides for renewal of the restrictive measures provided for by Common Position 2002/145/CFSP. |
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(4) |
The restrictive measures provided for by Common Position 2004/161/CFSP include, inter alia, a ban on technical assistance, financing and financial assistance related to military activities, a ban on the export of equipment which might be used for internal repression, and the freezing of funds, financial assets and economic resources of members of the Government of Zimbabwe and of any natural or legal persons, entities or bodies associated with them. |
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(5) |
These measures fall within the scope of the Treaty and, therefore, in order to avoid any distortion of competition, Community legislation is necessary to implement them as far as the Community is concerned. For the purpose of this Regulation, the territory of the Community should be deemed to encompass the territories of the Member States to which the Treaty is applicable, under the conditions laid down in that Treaty. |
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(6) |
It is desirable to align with recent practice the provisions concerning the ban on technical assistance, financing and financial assistance related to military activities, and those concerning the freezing of funds, financial assets and economic resources. |
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(7) |
This Regulation amends and extends the restrictive measures contained in Regulation (EC) No 310/2002, which it should replace immediately on the latter's expiry, |
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of this Regulation, the following definitions shall apply:
(a) ‘technical assistance’means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services; technical assistance includes verbal forms of assistance;
(b) ‘funds’ means financial assets and benefits of every kind, including but not limited to:
(i) cash, cheques, claims on money, drafts, money orders and other payment instruments;
(ii) deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;
(iii) publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;
(iv) interest, dividends or other income on or value accruing from or generated by assets;
(v) credit, right of set-off, guarantees, performance bonds or other financial commitments;
(vi) letters of credit, bills of lading, bills of sale;
(vii) documents evidencing an interest in funds or financial resources;
(viii) any other instrument of export-financing;
(c) ‘freezing of funds’means preventing any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management;
(d) ‘economic resources’means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but can be used to obtain funds, goods or services;
(e) ‘freezing of economic resources’means preventing their use to obtain funds, goods or services in any way, including, but not limited to, the selling, hiring or mortgaging of them.
Article 2
It shall be prohibited:
(a) to grant, sell, supply or transfer technical assistance related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, directly or indirectly to any person, entity or body in, or for use in Zimbabwe;
(b) to provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of arms and related materiel, directly or indirectly to any person, entity or body in, or for use in Zimbabwe;
(c) to participate, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to promote the transactions referred to at points (a) or (b).
Article 3
It shall be prohibited:
(a) knowingly and intentionally, to sell, supply, transfer or export, directly or indirectly, equipment which might be used for internal repression as listed in Annex I, whether or not originating in the Community, to any natural or legal person, entity or body in, or for use in Zimbabwe;
(b) to grant, sell, supply or transfer, directly or indirectly, technical assistance related to the equipment referred to at point (a), to any natural or legal person, entity or body in, or for use in Zimbabwe;
(c) to provide, directly or indirectly, financing or financial assistance related to the equipment referred to at point (a), to any natural or legal person, entity or body in, or for use in Zimbabwe;
(d) to participate, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to promote the transactions referred to at points (a), (b) or (c).
Article 4
1. By way of derogation from Articles 2 and 3 the competent authorities of Member States as listed in Annex II may authorise:
(a) the provision of financing and financial assistance and technical assistance related to:
(i) non-lethal military equipment intended solely for humanitarian or protective use, or for institution-building programmes of the United Nations, the European Union and the Community;
(ii) materiel intended for European Union and United Nations crisis-management operations;
(b) the sale, supply, transfer or export of equipment listed in Annex I intended solely for humanitarian or protective use, and the provision of financial assistance, financing and technical assistance related to these transactions.
2. No authorisations shall be granted for activities that have already taken place.
Article 5
Articles 2 and 3 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Zimbabwe by United Nations personnel, personnel of the European Union, the Community or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.
Article 6
1. All funds and economic resources belonging to individual members of the Government of Zimbabwe and to any natural or legal persons, entities or bodies associated with them as listed in Annex III 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 Annex III.
3. The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to promote the transactions referred to in paragraphs 1 and 2 shall be prohibited.
Article 7
1. By way of derogation from Article 6, the competent authorities of the Member States as listed in Annex II may authorise the release of certain frozen funds or economic resources or the making available of certain frozen funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources concerned are:
(a) necessary for basic expenses, 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;
(d) necessary for extraordinary expenses, provided that the relevant competent authority has notified the grounds on which it considers that a specific authorisation should be granted to all other competent authorities and the Commission at least two weeks prior to the authorisation.
The relevant competent authority shall inform the competent authorities of the other Member States and the Commission of any authorisation granted under this paragraph.
2. Article 6(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 Regulation (EC) No 310/2002 or this Regulation,
provided that any such interest, other earnings and payments continue to be subject to Article 6(1).
Article 8
1. Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy and to the provisions of Article 284 of the Treaty, natural and legal persons, entities and bodies shall:
(a) supply immediately any information which would facilitate compliance with this Regulation, such as accounts and amounts frozen in accordance with Article 6, to the competent authorities of the Member States listed in Annex II where they are resident or located, and shall transmit such information, directly or through these competent authorities, to the Commission;
(b) cooperate with the competent authorities listed in Annex II in any verification of this information.
2. Any additional information directly received by the Commission shall be made available to the competent authorities of the Member State concerned.
3. Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received.
Article 9
The freezing of funds and economic resources or the not making available of funds, carried out in good faith on the basis that such action is in accordance with this Regulation, shall not give rise to liability of any kind on the part of the natural or legal person or entity implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen as result of negligence.
Article 10
The Commission and Member States shall immediately inform each other of the measures taken under this Regulation and shall supply each other with any other relevant information at their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgments handed down by national courts.
Article 11
The Commission shall be empowered to:
(a) amend Annex II on the basis of information supplied by Member States;
(b) amend Annex III on the basis of decisions taken in respect of the Annex to Common Position 2004/161/CFSP.
Article 12
The Member States shall lay down the rules on sanctions applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The sanctions provided for must be effective, proportionate and dissuasive. The Member States shall notify those rules to the Commission without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment.
Article 13
This Regulation shall apply:
(a) within the territory of the Community, including its airspace;
(b) on board any aircraft or any vessel under the jurisdiction of a Member State;
(c) to any person inside or outside the territory of the Community who is a national of a Member State;
(d) to any legal person, group or entity which is incorporated or constituted under the law of a Member State;
(e) to any legal person, group or entity doing business within the Community.
Article 14
This Regulation shall enter into force on 21 February 2004.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
List of equipment which might be used for internal repression as referred to in Article 3
The list below does not comprise the articles that have been specially designed or modified for military use.
1. Helmets providing ballistic protection, anti-riot helmets, anti-riot shields and ballistic shields and specially designed components therefor.
2. Specially designed fingerprint equipment.
3. Power-controlled searchlights.
4. Construction equipment provided with ballistic protection.
5. Hunting knives.
6. Specially designed production equipment to make shotguns.
7. Ammunition hand-loading equipment.
8. Communications intercept devices.
9. Solid-state optical detectors.
10. Image-intensifier tubes.
11. Telescopic weapon sights.
12. Smooth-bore weapons and related ammunition, other than those specially designed for military use, and specially designed components therefor; except:
— signal pistols,
— air- and cartridge-powered guns designed as industrial tools or humane animal stunners.
13. Simulators for training in the use of firearms and specially designed or modified components and accessories therefor.
14. Bombs and grenades, other than those specially designed for military use, and specially designed components therefor.
15. Body armour, other than those manufactured to military standards or specifications, and specially designed components therefor.
16. All-wheel-drive utility vehicles capable of off-road use that have been manufactured or fitted with ballistic protection, and profiled armour for such vehicles.
17. Water cannon and specially designed or modified components therefor.
18. Vehicles equipped with a water cannon.
19. Vehicles specially designed or modified to be electrified to repel borders and components therefor specially designed or modified for that purpose.
20. Acoustic devices represented by the manufacturer or supplier as suitable for riot-control purposes, and specially designed components therefor.
21. Leg-irons, gang-chains, shackles and electric-shock belts, specially designed for restraining human beings; except:
— handcuffs for which the maximum overall dimension including chain does not exceed 240 mm when locked.
22. Portable devices designed or modified for the purpose of riot control or self-protection by the administration of an incapacitating substance (such as tear gas or pepper sprays), and specially designed components therefor.
23. Portable devices designed or modified for the purpose of riot control or self-protection by the administration of an electric shock (including electric-shocks batons, electric-shock shields, stun guns and electric-shock dart guns (tasers)) and components therefor specially designed or modified for that purpose.
24. Electronic equipment capable of detecting concealed explosives and specially designed components therefor; except:
— TV or X-ray inspection equipment.
25. Electronic jamming equipment specially designed to prevent the detonation by radio remote control of improvised devices and specially designed components therefor.
26. Equipment and devices specially designed to initiate explosions by electrical or non-electrical means, including firing sets, detonators, igniters, boosters and detonating cord, and specially designed components therefor; except:
— those specially designed for a specific commercial use consisting of the actuation or operation by explosive means of other equipment or devices the function of which is not the creation of explosions (e.g., car air-bag inflaters, electric-surge arresters of fire sprinkler actuators).
27. Equipment and devices designed for explosive ordnance disposal; except:
— bomb blankets,
— containers designed for folding objects known to be, or suspected of being improvised explosive devices.
28. Night vision and thermal-imaging equipment and image intensifier tubes or solid state sensors therefor.
29. Software specially designed and technology required for all listed items.
30. Linear cutting explosive charges.
31. Explosives and related substances as follows:
— amatol,
— nitrocellulose (containing more than 12,5 % nitrogen),
— nitroglycol,
— pentaerythritol tetranitrate (PETN),
— picryl chloride,
— tinitorphenylmethylnitramine (tetryl),
— 2,4,6-trinitrotoluene (TNT).
32. Software specially designed and technology required for all listed items.
ANNEX II
Web sites for information on the competent authorities referred to in Articles 4, 7 and 8 and address for notifications to the European Commission
BELGIUM
http://www.diplomatie.be/eusanctions
BULGARIA
http://www.mfa.bg/en/pages/135/index.html
CZECH REPUBLIC
http://www.mfcr.cz/mezinarodnisankce
DENMARK
http://um.dk/da/politik-og-diplomati/retsorden/sanktioner/
GERMANY
http://www.bmwi.de/DE/Themen/Aussenwirtschaft/aussenwirtschaftsrecht,did=404888.html
ESTONIA
http://www.vm.ee/est/kat_622/
IRELAND
http://www.dfa.ie/home/index.aspx?id=28519
GREECE
http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html
SPAIN
http://www.maec.es/es/MenuPpal/Asuntos/Sanciones%20Internacionales/Paginas/Sanciones_%20Internacionales.aspx
FRANCE
http://www.diplomatie.gouv.fr/autorites-sanctions/
CROATIA
http://www.mvep.hr/sankcije
ITALY
http://www.esteri.it/MAE/IT/Politica_Europea/Deroghe.htm
CYPRUS
http://www.mfa.gov.cy/sanctions
LATVIA
http://www.mfa.gov.lv/en/security/4539
LITHUANIA
http://www.urm.lt/sanctions
LUXEMBOURG
http://www.mae.lu/sanctions
HUNGARY
http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/
MALTA
http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp
NETHERLANDS
www.rijksoverheid.nl/onderwerpen/internationale-vrede-en-veiligheid/sancties
AUSTRIA
http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=
POLAND
http://www.msz.gov.pl
PORTUGAL
http://www.min-nestrangeiros.pt
ROMANIA
http://www.mae.ro/node/1548
SLOVENIA
http://www.mzz.gov.si/si/zunanja_politika_in_mednarodno_pravo/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/
SLOVAKIA
http://www.foreign.gov.sk
FINLAND
http://formin.finland.fi/kvyhteistyo/pakotteet
SWEDEN
http://www.ud.se/sanktioner
UNITED KINGDOM
www.fco.gov.uk/competentauthorities
Address for notifications to the European Commission
European Commission
Service for Foreign Policy Instruments (FPI)
EEAS 02/309
B-1049 Brussels
Belgium
E-mail: relex-sanctions@ec.europa.eu
ANNEX III
List of persons and entities referred to in Article 6
I. Persons
|
Name (and any aliases) |
Identifying information |
Grounds for designation |
|
|
(1) |
Mugabe, Robert Gabriel |
President, born 21.2.1924; Passport AD001095. |
Head of Government and responsible for activities that seriously undermine democracy, respect for human rights and the rule of law. |
|
(2) |
Abu Basutu, Titus Mehliswa Johna |
Air Vice-Marshal, Matebeleland South. Born 2.6.1956 |
Senior military officer, directly involved in the terror campaign waged before and during the elections in the Gwanda area. Deputy to Air Marshal Perence Shiri (100 on the list). |
|
(3) |
Bonyongwe, Happyton Mabhuya |
Director-General Central Intelligence Organisation, born 6.11.1960; Passport: AD002214; ID: 63-374707A13 |
Senior security figure with a close association with the ZANU-PF (Zimbabwe African National Union – Patriotic Front) faction of the government and complicit in forming or directing repressive state policy. Accused of kidnapping, torturing and killing MDC activists in June 2008. |
|
(4) |
Buka (a.k.a. Bhuka), Flora |
President’s office (Former Minister of State for Special Affairs responsible for Land and Resettlement Programmes, former Minister of State in the Vice-President’s office and former Minister of State for the Land Reform in the President's Office), born 25.2.1968. |
Minister of State in Vice-President Nkomo’s Office Responsible for organising violence in the Gokwe area and targeting the MDC leadership in 2008. |
|
(5) |
Bvudzijena, Wayne |
Assistant Police Commissioner, Police Spokesperson; Born 24.04.1958. ID: 29-008792V71, |
Senior member of police force. Police spokesperson. In 2008 blamed MDC for sheltering those responsible for electoral violence in the MDC’s provincial and national headquarters. |
|
▼M15 ————— |
|||
|
(7) |
Charamba, George |
Permanent Secretary, Department for Information and Publicity, born 4.4.1963; Passport AD002226; Passport AD001255 ID: 07-003617B07 |
Senior civil servant closely associated with the ZANU-PF faction of the government. |
|
(8) |
Chidarikire, Faber Edmund |
Provincial Governor for Mashonaland West, former Mayor of Chinhoyi, born 6.6.1946; ID: 70-056539L70 |
Former ZANU-PF mayor of Chinoyi and provincial governor Associated with the ZANU-PF faction of the Government. |
|
▼M15 ————— |
|||
|
(10) |
Chigwedere, Aeneas Soko |
Provincial Governor: Mashonaland East, former Minister, born 25.11.1939. ID 25-15430J80 |
Provincial Governor associated with the ZANU-PF faction of the government. |
|
(11) |
Chihota, Phineas |
Deputy Minister for Industry and International Trade. Born 23.11.1950. |
ZANU-PF Member of Government. Threatened MDC supporters with death and associated with abduction and torture of people in June 2008. |
|
(12) |
Chihuri, Augustine |
Police Commissioner, born 10.3.1953. Passport AD000206. ID 68-034196M68 |
Senior police officer and member of the Joint Operational Command, closely associated with the repressive policies of ZANU-PF. Publically confessed to support ZANU-PF in contravention of the Police Act. In June 2009 ordered the police to drop all cases related to murders committed to the run-up to the June 2008 Presidential election. |
|
(13) |
Chinamasa, Patrick Anthony |
Minister of Justice, Legal and Parliamentary Affairs, born 25.1.1947. ID 63-005591M42. |
ZANU-PF Member of Government. |
|
(14) |
Chindori-Chininga, Edward Takaruza |
Former Minister of Mines and Mining Development, born 14.3.1955. Passport AN388694. ID 63-377216C71. |
Former member of the Government with ongoing ties to the ZANU-PF faction of government as ZANU-PF Member of Parliament. Commander of the militia bases in Guruve in the run up to the 2008 elections. |
|
(15) |
Chinotimba, Joseph |
Vice Chairman of the Zimbabwe National Liberation War Veterans Association, leader of ZANU-PF militia. Born 06.06.1957. ID 63-312672W11. |
During the 2008 elections Chinotimba led group who destroyed Admore Chibutu’s home. Together with army members and ZANU-PF supporters attacked Tongeyi Jeremiah’s home on May 2008. |
|
▼M15 ————— |
|||
|
(17) |
Chipwere Augustine |
Brigadier General, former Colonel, Bindura South |
Directly involved in the terror campaign before and during the 2008 elections. Responsible for political upheaval in Bindura. Senior military officer, promoted by the President in 2011. |
|
(18) |
Chiwenga, Constantine |
Commander Zimbabwe Defence Forces, General (former Army Commander, Lieutenant General), born 25.8.1956. Passport AD000263. ID 63-327568M80 |
Member of Joint Operational Command and complicit in forming or directing repressive state policy. Used army for farm takeovers. During 2008 elections was a prime architect of the violence associated with the process of the Presidential run-off. |
|
(19) |
Chombo, Ignatius Morgan Chiminya |
Minister of Local Government, Urban and Rural Development, born 1.8.1952. Passport AD000500. ID 70-086938D70. |
ZANU-PF Member of the Government and responsible for undermining MDC in local government by restricting funding and harassment. |
|
(20) |
Dinha, Martin |
Provincial Governor for Mashonaland Central. |
Provincial governor associated with ZANU-PF faction of government. Involved in farm disruptions at Rockwood village concession 2009. |
|
(21) |
Goche, Nicholas Tasunungurwa |
Minister of Transport, Communications and Infrastructural Development (former Minister of State for National Security in the President's Office), born 1.8.1946. ID 63-355978S68 |
ZANU-PF Member of the Government. In June 2008 forced all NGOs to cease their field work and food distribution. Responsible for militia base in Shamva and implicated in violence in that area. |
|
(22) |
Gono, Gideon |
Governor of the Reserve Bank of Zimbabwe (central bank), born 29.11.59. Passport AD000854. ID 58-001824K07 |
Ties to the ZANU-PF faction of the Government and complicit in forming or directing repressive state policy. Illegally channelled funds to ZANU-PF in 2008. |
|
(23) |
Gurira, Cephas T. |
Brigadier; former Colonel, Zimbabwe Defence Forces. Born 1.5.1963. ID 29-061056D29 |
Directly involved in the terror campaign waged before and during the 2008 elections. Responsible for inciting violence in Mhondoro. |
|
(24) |
Gwekwerere, Stephen (alias Steven) |
Colonel, Chinhoyi. |
Directly involved in the terror campaign waged before and during the elections. Part of group that assaulted people in Chinoyi in 2008. |
|
(25) |
Kachepa, Newton |
Member of Parliament for Mudzi North. Born 10.2.70. ID 32-088209M48 |
Member of Parliament, involved in the murder of Peter Tom Butao on 14 April 2008 and Kingswell Mateta in July 2008. He directed the torture of many MDC supporters in his constituency. |
|
(26) |
Karakadzai, Mike Tichafa |
Air Commodore, Harare Metropolitan Province. Born 7.3.57. ID 63-632526N13. |
Directly involved in the terror campaign waged before and during the elections by leading the abductions and violence in Harare in 2008. |
|
(27) |
Kasukuwere, Saviour |
Deputy Minister for Youth Development Indigenisation and Empowerment and ZANU-PF Politburo Deputy-Secretary for Youth Affairs, born 23.10.1970. ID 45-046113Q45. |
ZANU-PF Member of the Government. Organised those involved in violent riots in Harare in February 2011. |
|
(28) |
Kazangarare, Jawet |
ZANU-PF Councillor in Hurungwe North and war veteran. Born 12.4.1957. ID 38-102814B58. |
Directly involved in the government-orchestrated terror campaign waged before and during the elections in 2008. Responsible for spearheading violent persecution of MDC supporters in Hurungwe, including rape, murder and destruction of homes and notably involved in murdering Tapiwa Mubwanda, MDC electoral agent in Hurungwe North in May 2008. |
|
(29) |
Khumalo, Sibangumuzi |
Brigadier General, Matebeleland North. Born 16.8.1954. ID 08-448357W73. |
Directly involved in the terror campaign waged before and during the elections. In February 2011, alleged to be part of strategy to unleash violence and terror by deploying senior officers to coordinate the campaign to retain Mugabe in power. |
|
(30) |
Kunonga, Nolbert (a.k.a. Nobert) |
Self-appointed Anglican Bishop. |
Vociferous supporter of the regime. His followers were backed by the police in committing acts of violence against church supporters in 2011. |
|
(31) |
Kwainona, Martin |
Assistant Commissioner, born 19.1.1953; Passport AD001073. ID 63-293627V45 |
Senior police officer, passed orders to local authorities to incite violence in Kanyuchi Village, Mount Darwin in April 2008. |
|
▼M15 ————— |
|||
|
(33) |
Langa, Andrew |
Deputy Minister for Public Service (former Deputy Minister of Transport and Communications). Born 13.1.65. ID 21-017934E21. |
ZANU-PF Member of the Government. In 2005 opened fire on 11 members of the MDC Youth Assembly. Intimidated voters on election day 2008. |
|
(34) |
Mabunda, Musarashana |
Assistant Police Commissioner. Born 11.11.58. ID 22-026198T13 |
Member of the security forces and bearing wide responsibility for serious violations of the freedom of peaceful assembly. Directed 11 March 2007 beatings, torture and repression. June 2008 threatened to kill Lovemore Madhuku. |
|
(35) |
Machaya, Jason (a.k.a. Jaison) Max Kokerai |
Provincial Governor: Midlands. Former Deputy Minister of Mines and Mining Development, born 13.6.1952. ID 26-003018Z26. |
Provincial Governor: Midlands. Associated with ZANU-PF faction of Government. Used influence to block investigation into politically motivated murder which his son allegedly committed. |
|
(36) |
Made, Joseph Mtakwese |
Minister of Agricultural Engineering and Mechanisation (Former Minister of Agriculture and Rural Development), born 21.11.1954. Passport AN000144. ID 29-128547N42 |
ZANU-PF Member of the Government |
|
(37) |
Madzongwe, Edna (a.k.a. Edina) |
ZANU-PF President of Senate, born 11.7.1943. ID 63-748119H32 |
Member of the ZANU-PF politburo. Used influence to motivate political prosecutions in February 2008. Involved in violence in Chegutu including the takeover of the Stockade Citrus Estate in 2008, giving direct orders to those leading the repression. |
|
▼M15 ————— |
|||
|
(39) |
Maluleke, Titus |
Provincial Governor: Masvingo (Former Deputy Minister of Education, Sports and Culture). |
Provincial Governor associated with ZANU-PF members of government. Championed land invasions in Masvingo in 2009. |
|
(40) |
Mangwana, Paul Munyaradzi |
Chair of the Constitutional Select Committee (COPAC) and former Minister of State for Indigenisation and Empowerment, born 10.8.1961. Passport AD000459. ID 22-017031E12 |
ZANU-PF Member of the Government. Sponsored and directed activities of ZANU-PF terror gangs in Chivi Central in May/June 2008. |
|
(41) |
Marumahoko, Reuben |
Deputy Minister for Regional Integration and International Cooperation and former Deputy Minister for Foreign Affairs (former Deputy Minister for Home Affairs), born 4.4.1948. ID 63-311317Y71 |
ZANU-PF Member of the Government. Commander of ZANU-PF militia in Hurungwe. With a group of ZANU-PF supporters and war veterans he assaulted MDC supporters and destroyed several homes in Hurungwe district between April and July 2008. |
|
▼M15 ————— |
|||
|
(43) |
Masuku, Angeline |
Provincial Governor: Matabeleland South and ZANU-PF Politburo, Secretary for Disabled and Disadvantaged, born 14.10.1936. ID 08-266228E19 |
Provincial Governor associated with ZANU-PF faction of government. |
|
(44) |
Mathema, Cain Ginyilitshe Ndabazekhaya |
Provincial Governor, Bulawayo. Born 28.1.1948. ID 63-682168J73 |
Provincial Governor associated with ZANU-PF faction of government. |
|
(45) |
Mathuthu, Thokozile (alias Sithokozile) |
Provincial Governor: Matabeleland North and ZANU-PF Politburo, Deputy Secretary for Transport and Social Welfare. |
Provincial Governor associated with ZANU-PF faction of government. In June 2008 used position to incite hatred against MDC supporters. |
|
(46) |
Matibiri, Innocent Tonderai |
Deputy Police Commissioner. Born 9.10.1968. ID 63-729730V70. |
Senior member of the security forces, linked to the murder of a farm labourer. |
|
(47) |
Matiza, Joel Biggie |
Former Deputy Minister for Rural Housing and Social Amenities, born 17.8.1960. Passport ZA557399. |
Former ZANU-PF Member of the Government. Organised bases in Murehwa West and South, from where ZNAU-PF supporters which he supervised killed Edward Pfuka on 17 June 2008 and Moses Nyada on 19 June 2008. |
|
(48) |
Matonga, Brighton (a.k.a Bright) |
Former Deputy Minister for Information and Publicity, born 1969. |
Former ZANU-PF Member of the Government. Party spokesperson. Led a group of ZANU-PF supporters that murdered the wife of Dadidrayi Chipiro. |
|
(49) |
Mhandu, Cairo (a.k.a. Kairo) |
Major ZNA. Born 23.11.1960. ID 63-371574V15 |
Directly involved in the campaign of terror waged before and after the elections in 2008. Led group of supporters and war veterans who killed Gibbs Tawenga and Hama Ngowani on 30 June 2008. |
|
(50) |
Mhonda, Fidellis |
Colonel, Rushinga. Born 2.1.1958. ID 75-139696G81 |
Directly involved in the terror campaign waged before and during the 2008 elections. Led political violence in Rushinga. |
|
(51) |
Midzi, Amos Bernard (Mugenva) |
Former Minister of Mines and Mining Development (former Minister of Energy and Power Development), born 4.7.1952. |
ZANU-PF party Chairman in Harare. Former member of the Government associated with ZANU-PF faction of government. Organised convoy of ZANU-PF supporters and soldiers who assaulted people and destroyed homes in June 2008. Linked with violence in Epworth, supporting militia bases in 2008 and again in 2011. |
|
(52) |
Mnangagwa, Emmerson Dambudzo |
Minister of Defence born 15.9.1946. Passport AD00060. ID 63-450183P67 |
ZANU-PF Member of Government and member of Joint Operation Command. |
|
(53) |
Mohadi, Kembo Campbell Dugishi |
Co-Minister of Home Affairs (former Deputy Minister of Local Government, Public Works and National Housing), born 15.11.1949. ID 02-012912X02 |
ZANU-PF Member of Government and member of Joint Operational Command. |
|
▼M15 ————— |
|||
|
(55) |
Moyo, Jonathan Nathaniel |
Former Minister of State for Information and Publicity in the President's Office, born 12.1.1957. Passport AD000432. ID 63-857281M73 |
Former member of the ZANU-PF Government. Incited violence and hatred, and architect of laws inhibiting freedom of speech. |
|
(56) |
Moyo, Sibusio Bussie |
Brigadier General ZNA. |
Directly involved in the campaign of terror waged before and after the elections, including the murder of MDC supporters. |
|
(57) |
Moyo, Simon Khaya |
Chairman of ZANU-PF Politburo Deputy Secretary for Legal Affairs, born 1945. born 1.10.1945. Passport ZD001512. ID 63-735452P56 |
Member of the ZANU-PF politburo with ongoing ties to its repressive policy. |
|
▼M15 ————— |
|||
|
(59) |
Mpofu, Obert Moses |
Minister for Mines and Mining Development former Minister for Industry and International Trade (former Provincial Governor: Matabeleland North) (ZANU-PF Politburo Deputy Secretary for National Security), born 12.10.1951. Passport ZD001549. ID 08-186074F79. |
ZANU-PF Member of Government. In March 2008 incited ZANU-PF supports to drive MDC opponents out of their homes to stop them voting. |
|
▼M15 ————— |
|||
|
(61) |
Muchena, Henry |
Air Vice-Marshal, Midlands. Head of ZANU-PF Commissariat. |
Senior military officer linked to ZANU-PF, directly involved in the terror campaign waged before and during the elections. Spearheaded violence in Zhombe and Gokwe during 2008. |
|
(62) |
Muchena, Olivia Nyembesi (a.k.a. Nyembezi) |
Minister for Women’s Affairs, Gender and Community Development, former Minister of State for Science and Technology in the President's Office (former Minister of State in Vice-President Msika's Office), born 18.8.1946. Passport AD000086. ID 63-337191X50 |
ZANU-PF Member of the Government. Linked to politically motivated murders and personally involved in the destruction of Revai Kativhu’s home on 1 May 2008. |
|
(63) |
Muchinguri, Oppah Chamu Zvipange |
ZANU-PF Politburo Secretary for Gender and Culture (Former Minister for Women's Affairs, Gender and Community Development), born 14.12.1958. ID 63-741411R50 |
Former ZANU-PF member of the Government, remains a member of ZANU-PF politburo. Played a lead role in the violence in Masvingo province in 2008. |
|
▼M15 ————— |
|||
|
(65) |
Mudede, Tobaiwa (a.k.a. Tonneth) |
Registrar General, born 22.12.1942. ID 36-452750E70 |
Ties to the ZANU-PF faction of Government and complicit in forming or directing state policy, notably in relation to election rigging. |
|
▼M15 ————— |
|||
|
(68) |
Mugabe, Grace |
Born 23.7.1965; Passport AD001159. ID 63-646650Q70 |
Associated with the ZANU-PF faction of the government. Took over the Iron Mask Estate in 2002; alleged to illicitly derive large profits from diamond mining. |
|
▼M15 ————— |
|||
|
(70) |
Mujuru, Joyce Teurai Ropa |
Vice President (former Minister of Water Resources and Infrastructural Development), born 15.4.1955. ID 63-445325J18 |
ZANU-PF Member of Government. |
|
▼M15 ————— |
|||
|
(72) |
Mumbengegwi, Simbarashe Simbanenduku |
Minister of Foreign Affairs, born 20.7.1945; Passport: AD001086. ID 63-677272A12 |
ZANU-PF Member of Government. |
|
(73) |
Murerwa, Herbert Muchemwa |
Minister of Lands and Rural Resettlement, born 31.7.1941. Passport AD001167. ID 25-021670R25 |
ZANU-PF Member of Government |
|
(74) |
Musariri, Munyaradzi |
Assistant Police Commissioner. |
Senior member of the security forces and bearing wide responsibility for serious violations of the freedom of peaceful assembly, notably in Murambatsvina in July 2005. |
|
(75) |
Mushohwe, Christopher Chindoti |
Provincial Governor: Manicaland. (Former Minister of Transport and Communications, former Deputy Minister of Transport and Communications), born 6.2.1954. ID 63-101480P75 |
Provincial Governor associated with ZANU-PF. In February 2009 accompanied by soldiers told the Chiadzwa community they would be relocated without compensation. |
|
(76) |
Mutasa, Didymus Noel Edwin |
Minister of State for Presidential Affairs in the President’s Office, former Minister of State for National Security, Land Reform and Resettlement in the Office of the President, ZANU-PF, Secretary for Administration, born 27.7.1935. ID 63-358184Q42 |
ZANU-PF Member of the Government. Involved in murders in Manicaland. |
|
(77) |
Mutezo, Munacho Thomas Alvar |
Former Minister for Water Resources and Infrastructural Development. Born 14.2.54. Passport AN187189. ID 29-129727W44 |
Former member of the Government, associated with ZANU-PF. Orchestrated a campaign of terror and intimidating MDC supporters in Chimanimani West in conjunction with the Zimbabwean National Army in August 2010. |
|
(78) |
Mutinhiri, Ambros (a.k.a. Ambrose) |
Former Minister of Youth Development, Gender and Employment Creation, Retired Brigadier. Born 22.2.1944. Passport AD000969. ID 63-285106H32. |
Former ZANU-PF Member of Government. March 2008 led a group of ZANU-PF supporters to Landas and assaulted several MDC supporters. Set up and supported military bases in Chihota where many MDC supporters were assaulted and tortured. |
|
▼M15 ————— |
|||
|
(80) |
Mzembi, Walter |
Minister for Tourism and the Hospitality Industry, former Deputy Minister for Water Resources and Infrastructural Development, born 16.3.1964. ID 22-050240B22 |
ZANU-PF Member of the Government. Responsible for organising groups of ZANU-PF supporters to assault Masvingo residents prior to MDC’s 8th year anniversary celebrations. |
|
(81) |
Mzilikazi, Morgan S. |
Colonel (MID), Buhera Central. |
Directly involved in the terror campaign waged before and during the elections. Involved in election violence in Makoni and Buhera in 2008. July 2008 abducted MDC MP for Buhera South. |
|
(82) |
Nguni, Sylvester Robert |
Minister of State in the President’s Officer, former Minister of Economic Development (Former Deputy Minister for Agriculture), born 4.8.1955 alt 4.5.1955. Passport ZE215371. ID 63-453707V32 |
ZANU-PF Member of the Government |
|
(83) |
Nhema, Francis Chenayimoyo Dunstan |
Minister of Environment and Natural Resources Management and former Minister of Environment and Tourism, born 7.4.1959 alt 17.4.1959. Passport AD000966. ID 63-117843A66 |
ZANU-PF Member of Government. In September 2009 forced for safari operators to give up shares in ranches and conservancies. |
|
▼M15 ————— |
|||
|
(86) |
Nyanhongo, Magadzire Hubert |
Deputy Minister of Energy and Power Development, former Deputy Minister of Transport and Communications. Born 26.11.1957. ID 34-032890W34 |
ZANU-PF Member of the Government. Involved in organising anti-MDC violence in Epworth and Nyanga in 2011. Involved in politically motivated murder in 2008. |
|
(87) |
Nyikayaramba, Douglas |
Brigadier General, Mashonaland East. Commander 3rd Brigade. |
Senior officer directly involved in the terror campaign waged before and during the 2008 elections. Ordered junior soldiers to deal with MDC supporters in Manicaland. |
|
(88) |
Nyoni, Sithembiso Gile Glad |
Minister of Small and Medium Enterprises Development and Employment Creation, born 20.9.1949. Passport AD000223. ID 08-434871M67 |
ZANU-PF Member of Government |
|
▼M15 ————— |
|||
|
(91) |
Rugeje, Engelbert Abel |
Major-General, Masvingo Province. Director, Defence Studies, Zimbabwe Defence Forces. DOB 17.7.1959. ID 63-539305L04 |
Senior army officer directly involved in the terror campaign waged before and during the 2008 elections by coordinating most of the violent incidents in Masvingo. |
|
(92) |
Rungani, Victor Tapiwa Chashe |
Colonel, Chikomba. Born 29.6.1949. ID 22-025306Z04 |
Directly involved in the terror campaign waged before and during the elections in Chikomba in 2008, including assaults and abductions. |
|
▼M15 ————— |
|||
|
(94) |
Sakupwanya, Stanley Urayayi |
ZANU-PF Politburo Deputy Secretary for Health and Child Welfare. Born 14.5.1939. ID 63-435281R50 |
Member of the ZANU-PF politburo associated with the ZANU-PF faction of the Government. Linked to electoral violence in Makoni during the 2008 Presidential elections. Commander of a base in Makoni used for interrogations. |
|
(95) |
Savanhu, Tendai |
ZANU-PF Deputy Secretary for Transport and Social Welfare, born 21.3.1968. |
Member of the ZANU-PF politburo associated with the ZANU-PF faction of the Government. Organised militias to assault MDC supporters in Mbare, leading to violence and chaos, in February 2011. Involved in abductions of MDC women in June 2008. |
|
(96) |
Sekeramayi, Sydney (a.k.a. Sidney) Tigere |
Minister of State for National Secuirty in the President’s Office. Former Minister of Defence, born 30.3.1944. ID 63-358166W43 |
ZANU-PF Member of Government and member of ZANU-PF Joint Operational Command |
|
(97) |
Sekeremayi, Lovemore |
Chief Elections Officer. |
Ties to the ZANU-PF faction of government and complicit in forming or directing oppressive state policy through election rigging in 2008. |
|
(98) |
Shamu, Webster Kotiwani |
Minister for Media, Information and Publicity; former Minister of State for Policy Implementation (former Minister of State for Policy Implementation in the President's Office), born 6.6.1945. Passport AN203141. ID 63-676065N32 |
ZANU-PF Member of the Government involved activities interfering with the freedom of the press in 2009. |
|
(99) |
Shamuyarira, Nathan Marwirakuwa |
ZANU-PF Politburo Secretary for Information and Publicity, born 29.9.1928 or 29.9.1930. Passport AD000468. ID 63-327601Y32 |
Member of the ZANU-PF politburo with strong ties to the ZANU-PF government faction. Involved in violent attempted farm take-over in September 2009 which ended in an arson attack. |
|
(100) |
Shiri, Perence (a.k.a. Bigboy) Samson Chikerema |
Air Marshal (Air Force), born 1.11.1955. ID 29-098876M18 |
Senior military officer and member of ZANU-PF Joint Operational Command and complicit in forming or directing oppressive state policy. Involved in political violence in Chiadzwa in October 2008. |
|
(101) |
Shungu, Etherton |
Brigadier General, Mashonaland Central. |
Senior military officer in the ZANU-PF Cmmissariat, directly involved in the terror campaign waged before and during the elections in Bindura in 2008. |
|
(102) |
Sibanda, Chris |
Colonel, Bulawayo Province. |
Directly involved in the terror campaign waged before and during the elections in Byo in 2008. |
|
(103) |
Sibanda, Jabulani |
Former Chair, National War Veterans Association, born 31.12.1970. |
Ties to the ZANU-PF faction of government and complicit in forming or directing oppressive state policy. Involved in violence against MDC supporters in Makoni, Bikita, Masvingo and Guto particularly in relation to the implementation of an outreach programme in 2010. |
|
(104) |
Sibanda, Misheck Julius Mpande |
Cabinet Secretary (successor to Charles Utete), born 3.5.1949. ID 63-685365X67 |
Associated with ZANU-PF faction of government. In March 2010 gave instructions to ministers and cabinet secretaries to report to ZANU-PF politicians and not the Prime Minister Morgan Tsvangirai. |
|
(105) |
Sibanda, Phillip Valerio (a.k.a. Valentine) |
Commander Zimbabwe National Army, Lieutenant General, born 25.8.1956 or 24.12.1954. ID 63-357671H26 |
Senior army figure with ties to the Government and complicit in forming or directing oppressive state policy, blaming NGOs for unrest in September 2009. |
|
(106) |
Sigauke, David |
Brigadier General, Mash West Province. |
Senior army figure directly involved in the terror campaign waged before and during the elections, including violence and torture against civilians in the diamond fields and threatening a coup if the MDC won the elections. Linked to violence in Chinhoyi in 2008. |
|
(107) |
Sikosana, (a.k.a. Sikhosana), Absolom |
ZANU-PF Politburo Secretary for Youth Affairs. |
Member of the ZANU-PF politburo associated with the ZANU-PF faction of the Government. Threatened to unleash violence in 2011 if sanctions not removed. |
|
(108) |
Tarumbwa, Nathaniel Charles |
Brigadier General, Manicaland and Mutare South. Born 6.10.1960. ID 63-849216W75 |
Senior military officer directly involved in the terror campaign waged before and during the elections. In charge of torture base in Makoni West, Mutasa Central in 2007/2008. |
|
(109) |
Tomana, Johannes |
Attorney General. Born 9.9.1967. ID 50-036322F50 |
ZANU-PF Member of Government. |
|
(110) |
Veterai, Edmore |
Senior Assistant Police Commissioner, Officer Commanding Harare. Born 20.11.1962. ID 08-260467S04 |
Senior member of the security forces and bearing wide responsibility for serious violations of the freedom of peaceful assembly, and involved in invasion of Farm Thirty. |
|
▼M15 ————— |
|||
|
(112) |
Zimondi, Paradzai Willings |
Prisons Director, born 4.3.1947. ID 75-145185Z47 |
Member of Joint Operational Command and complicit in forming or directing oppressive state policy. Responsible for funding and accommodating militias in 2008. Ordered prison officers to vote for Mugabe, and responsible for human rights abuses in prisons. |
II. Entities
|
Name |
Identifying information |
Grounds for designation |
|
|
(1) |
Cold Comfort Farm Trust Co-operative |
7 Cowie Road, Tynwald, Harare, Zimbabwe. |
Owned by Didymus Mutasa, Grace Mugabe also involved. |
|
(2) |
Comoil (PVT) Ltd |
Block D, Emerald Hill Office, Emerald Park, Harare, Zimbabwe. 2nd Floor, Travel Plaza, 29 Mazoe Street, Box CY22344, Causeway, Harare, Zimbabwe. |
Owned by Saviour Kasukuwere. |
|
▼M15 ————— |
|||
|
(4) |
Famba Safaris |
4 Wayhill Lane, Umwisdale, Harare, Zimbabwe; PO Box CH273, Chisipite, Harare, Zimbabwe. |
Major shareholder is Webster Shamu. |
|
(5) |
Jongwe Printing and Publishing Company (PVT) Ltd (a.k.a. Jongwe Printing and Publishing Co., a.k.a. Jongwe Printing and Publishing Company) |
14 Austin Road, Coventry Road, Workington, PO Box 5988, Harare, Zimbabwe. |
Publishing arm associated with the ZANU-PF faction of the Government |
|
(6) |
M & S Syndicate (PVT) Ltd |
First Floor, Victory House, 88 Robert Mugabe Road, Harare, Zimbabwe; PO Box 1275, Harare, Zimbabwe. |
Investment company associated with the ZNU-PF faction of the Government. |
|
(7) |
OSLEG Ltd (a.k.a Operation Sovereign Legitimacy) |
Lonhoro House, Union Avenue, Harare, Zimbabwe. |
Controlled by Zimbabwe army. Associated with the Ministry of Defence and the ZANU-PF faction of Government. |
|
(8) |
Swift Investments (PVT) Ltd |
730 Cowie Road, Tynwald, Harare, Zimbabwe; PO Box 3928, Harare, Zimbabwe. |
Associated with the ZANU-PF faction of Government. |
|
(9) |
Zidco Holdings (a.k.a. Zidco Holdings (PVT) Ltd) |
PO Box 1275, Harare, Zimbabwe. |
Financial holding company associated with the ZNU-PF faction of the Government. |
|
(10) |
Zimbabwe Defence Industries |
10th floor, Trustee House, 55 Samora Machel Avenue, PO Box 6597, Harare, Zimbabwe. |
Associated with the Ministry of Defence and the ZANU-PF faction of Government. |
|
▼M17 ————— |
|||
( 1 ) OJ L 50, 20.2.2004, p. 66.
( 2 ) OJ L 50, 21.2.2002, p. 1. Common Position as last amended by Common Position 2003/115/CFSP (OJ L 46, 20.2.2003, p. 30).
( 3 ) OJ L 50, 21.2.2002, p. 4. Regulation as last amended by Commission Regulation (EC) No 743/2003 (OJ L 106, 29.4.2003, p. 18).
( 4 ) OJ L 46, 20.2.2003, p. 6.