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Document 02016D1693-20231025
Council Decision (CFSP) 2016/1693 of 20 September 2016 concerning restrictive measures against ISIL (Da'esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them and repealing Common Position 2002/402/CFSP
Consolidated text: Council Decision (CFSP) 2016/1693 of 20 September 2016 concerning restrictive measures against ISIL (Da'esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them and repealing Common Position 2002/402/CFSP
Council Decision (CFSP) 2016/1693 of 20 September 2016 concerning restrictive measures against ISIL (Da'esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them and repealing Common Position 2002/402/CFSP
02016D1693 — EN — 25.10.2023 — 019.001
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COUNCIL DECISION (CFSP) 2016/1693 of 20 September 2016 (OJ L 255 21.9.2016, p. 25) |
Amended by:
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Official Journal |
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date |
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L 237 |
71 |
15.9.2017 |
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L 54I |
6 |
26.2.2018 |
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L 178I |
3 |
16.7.2018 |
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L 257I |
3 |
15.10.2018 |
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L 46I |
3 |
18.2.2019 |
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L 262 |
64 |
15.10.2019 |
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L 303I |
3 |
25.11.2019 |
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L 246 |
10 |
30.7.2020 |
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L 348 |
15 |
20.10.2020 |
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L 129I |
4 |
15.4.2021 |
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L 369 |
14 |
19.10.2021 |
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L 40 |
21 |
21.2.2022 |
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L 147I |
3 |
30.5.2022 |
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L 164I |
4 |
20.6.2022 |
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L 270 |
84 |
18.10.2022 |
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L 94 |
48 |
3.4.2023 |
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L 109I |
38 |
24.4.2023 |
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L 149 |
89 |
9.6.2023 |
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L |
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24.10.2023 |
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COUNCIL DECISION (CFSP) 2016/1693
of 20 September 2016
concerning restrictive measures against ISIL (Da'esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them and repealing Common Position 2002/402/CFSP
Article 1
It shall be prohibited to:
provide technical assistance, brokering services and other services 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 individual, group, undertaking or entity referred to in paragraph 1;
provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance for any sale, supply, transfer or export of arms and related materiel, or for the provision of related technical assistance, brokering services and other services directly or indirectly to any individual, group, undertaking or entity referred to in paragraph 1;
participate knowingly and intentionally in activities the object or effect of which is to circumvent the prohibitions referred to in point (a) or (b) of this paragraph.
Article 2
Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of persons, designated and subject to travel restrictions by the UNSC pursuant to UNSCRs 1267 (1999), 1333 (2000) and 2253 (2015) or by the Committee, identified as:
participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of;
supplying, selling or transferring arms and related materiel to;
recruiting for, or otherwise supporting acts or activities of,
Al-Qaeda, ISIL (Da'esh), or any cell, affiliate, splinter group or derivative thereof; or
being controlled directly or indirectly by, or otherwise supporting, any individual, group, undertaking or entity associated with Al-Qaeda or ISIL (Da'esh), included on the ISIL (Da'esh) and Al-Qaeda Sanctions List.
Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of persons:
associated with ISIL (Da'esh) and Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, including by:
participating in the financing of ISIL (Da'esh) and Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, or in the financing of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of them;
participating in the planning, facilitating, preparing, or perpetrating of acts or activities or providing or receiving of terrorist training such as instruction related to arms, explosive devices or other methods or technologies with the purpose of committing terrorist acts by, in conjunction with, under the name of, on behalf of, or in support of ISIL (Da'esh) and Al-Qaeda or any cell, affiliate, splinter group or derivative thereof;
engaging in trade with ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, in particular of oil, oil products, modular refineries and related material, as well as trade in other natural resources and trade in cultural property;
supplying, selling or transferring arms and related materiel to ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof;
travelling or seeking to travel outside of the Union for the purpose of:
the perpetration, planning, or preparation of, or participation in, terrorist acts on behalf or in support of ISIL (Da'esh), Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof;
the providing or receiving of terrorist training, on behalf or in support of ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof; or
otherwise supporting ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof;
seeking to travel into the Union for the same purpose as referred to in point (b) or to participate in acts or activities in conjunction with, under the name of, on behalf or in support of ISIL (Da'esh), Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof;
recruiting for, or otherwise supporting acts or activities of, ISIL (Da'esh), Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof, including by:
providing or collecting, by any means, directly or indirectly, funds in order to finance the travelling of individuals, for the purpose referred to in points (b) and (c); organising the travel of individuals for the purpose referred to in points (b) and (c), or otherwise facilitating it for that purpose;
soliciting another person to participate in acts or activities by, in conjunction with, under the name of, on behalf of, or in support of ISIL (Da'esh), Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof;
inciting or publicly provoking acts or activities by, in conjunction with, under the name of, on behalf of, or in support of ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, including by encouraging or glorifying such acts or activities thereby causing a danger that terrorist acts may be committed;
being involved or complicit in ordering or committing serious abuses of human rights, including abduction, rape, sexual violence, forced marriage and enslavement of persons, outside the territory of the Union, on behalf or in the name of ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof,
as listed in the Annex.
Member States may grant exemptions from the measures imposed under paragraph 2 where travel is justified:
on the grounds of urgent humanitarian need;
for the purpose of a judicial process; or
where a Member State is bound by an obligation towards an international organisation.
Article 3
All funds, other financial assets and economic resources, owned or controlled, directly or indirectly, by persons, groups, undertakings and entities designated and subject to an asset freeze by the UNSC pursuant to UNSCRs 1267 (1999), 1333 (2000) and 2253 (2015), or by the Committee, identified as:
participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of;
supplying, selling or transferring arms and related materiel to;
recruiting for, or otherwise supporting acts or activities of,
Al-Qaeda, ISIL (Da'esh), or any cell, affiliate, splinter group or derivative thereof; or
being owned or controlled directly or indirectly by, or otherwise supporting, any individual, group, undertaking or entity associated with ISIL (Da'esh) or Al-Qaeda, included on the ISIL (Da'esh) and Al-Qaeda Sanctions List, or by a third party acting on their behalf or at their direction,
shall be frozen.
All funds, other financial assets and economic resources, owned or controlled directly or indirectly, by persons, groups, undertakings and entities:
associated with ISIL (Da'esh) and Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, including by:
participating in the financing of ISIL (Da'esh) and Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, or in the financing of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of them;
participating in the planning, facilitating, preparing, or perpetrating of acts or activities or providing or receiving of terrorist training such as instruction related to arms, explosive devices or other methods or technologies with the purpose of committing terrorist acts by, in conjunction with, under the name of, on behalf of, or in support of ISIL (Da'esh) and Al-Qaeda or any cell, affiliate, splinter group or derivative thereof;
engaging in trade with ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, in particular of oil, oil products, modular refineries and related material, as well as trade in other natural resources and trade in cultural property;
supplying, selling or transferring arms and related materiel to ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof;
travelling or seeking to travel outside of the Union for the purpose of:
the perpetration, planning, or preparation of, or participation in, terrorist acts on behalf or in support of ISIL (Da'esh), Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof;
the providing or receiving of terrorist training, on behalf or in support of ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof; or
otherwise supporting ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof;
seeking to travel into the Union for the purpose referred to in point (b) or to participate in acts or activities in conjunction with, under the name of, on behalf or in support of ISIL (Da'esh,) Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof;
recruiting for or otherwise supporting acts or activities of ISIL (Da'esh), Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof, including by:
providing or collecting, by any means, directly or indirectly, funds in order to finance the travelling of individuals, for the purpose referred to in points (b) and (c); organising the travel of individuals for the purpose referred to in points (b) and (c), or otherwise facilitating it for that purpose;
soliciting another person to participate in acts or activities by, in conjunction with, under the name of, on behalf of, or in support of ISIL (Da'esh), Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof;
inciting or publicly provoking acts or activities by, in conjunction with, under the name of, on behalf of, or in support of ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, including by encouraging or glorifying such acts or activities thereby causing a danger that terrorist acts may be committed;
being involved or complicit in ordering or committing serious abuses of human rights, including abduction, rape, sexual violence, forced marriage and enslavement of persons, outside the territory of the Union, on behalf or in the name of ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof,
as listed in the Annex, shall be frozen.
By way of derogation from paragraphs 1, 2, 3 and 4, exemptions may be made for funds, financial assets and economic resources which are:
necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums and public utility charges;
intended exclusively for payment for reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services in accordance with national laws; or
intended exclusively for payment for fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds, other financial assets and economic resources.
Those exemptions shall only be made after notification by the Member State concerned to the Committee, where appropriate, of the intention to authorise access to such funds, other financial assets or economic resources and in the absence of a negative decision by the Committee within three working days of such notification.
By way of derogation from paragraph 3, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources provided the following conditions are met:
the funds or economic resources are subject of an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in paragraph 3 was listed in the Annex, of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to, on 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
recognising 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 authorisations granted under this paragraph.
Paragraphs 1, 2, 3 and 4 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);
the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or by,
appropriate other actors as determined by the Committee as regards paragraphs 1 and 2, and by the Council as regards paragraphs 3 and 4.
Article 4
No claims, including claims for compensation or any other claim of this type, such as a claim for set-off or a claim under a guarantee, in connection with any contract or transaction the performance of which was affected, directly or indirectly, wholly or in part, by reason of measures decided upon pursuant to UNSCRs 1267 (1999), 1333 (2000) and 2253 (2015), including measures of the Union or any Member State in accordance with, as required by or in any connection with, the implementation of the relevant decisions of the UNSC or measures covered by this Decision, shall be granted to the designated persons or entities designated by the UN or listed in the Annex or any person or entity claiming through or for the benefit of any such person or entity.
Article 5
Article 6
Article 6a
The Council and the High Representative of the Union for Foreign Affairs and Security Policy (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 7
Common Position 2002/402/CFSP is repealed and replaced by this Decision.
Article 8
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 persons, groups, undertakings and entities referred to in Articles 2 and 3
A. Persons referred to in Articles 2 and 3
▼M6 —————
2. Rabah TAHARI (a.k.a. Abu Musab); date of birth: 28 August 1971; place of birth: Oran (Algeria); Nationality: Algerian.
3. Hocine BOUGUETOF; date of birth: 1 July 1959; place of birth: Tebessa (Algeria); nationality: Algerian.
4. Brahim el KHAYARI; date of birth: 7 May 1992; place of birth: Nîmes (France); nationality: French.
5. Guillaume PIROTTE; date of birth: 7 June 1994; place of birth: Grasse (France); nationality: French.
6. Bryan D’ANCONA; date of birth: 26 January 1997; place of birth: Nice (France); nationality: French.
7. Mesut SEKERCI; date of birth: 22 July 1995; place of birth: Evreux (France); nationality: French, Turkish.
8. Osama MAHMOOD (a.k.a. Ustadh Usama Mahmood, Ousama Mahmood); nationality: Pakistani (presumed).
▼M18 —————
10. Faruq AL-SURI (a.k.a. Samir Hijazi, Samir 'Abd al-Latif Hijazi, Abu Hammam Al-Shami, Abu Humam Al-Shami, Abu Hammam Al-'Askari); date of birth: 1977; place of birth: Damascus, Syria; gender: male; nationality: Syrian (presumed).
11. Sami AL-ARIDI (a.k.a. Abu Mohammad Al-Shami, Abu Mahmud Al-Sham, Abu Mahmud Al-Shami, Sami Al-Oride, Sami Al-Oraidi, Sami Al-Oraydi, Sheikh Dr. Sami Al-Uraydi); date of birth: 1973; gender: male; nationality: Jordanian (presumed).
12. Sidan Ag HITTA (a.k.a. Asidan Ag Hitta, Abu ’Abd al-Hakim, Abu Abdelhakim al-Kidali, Abu Qarwani, Al Qaïrawani, Abou Abdel Hamid Al Kidali); date of birth: 1976; place of birth: Kidal, Mali; gender: male; nationality: Malian.
13. Salem ould BREIHMATT (a.k.a. OULD ABED Cheikh ould Mohamed Salec, Abu Hamza al-Shanqiti, Abu Hamza al-Shinqiti, Hamza al-Mauritani, NITRIK Hamza, Abu Hamza al-Chinguetti); date of birth: 1978 or 1984; place of birth: Mauritania; gender: male; nationality: Mauritanian.
14. Jafar DICKO (a.k.a. Jaffar Dicko, Abdoul Salam Dicko, Amadou Boucary, Amadou Boucary Dicko); date of birth: 1980 (presumed); gender: male; nationality: Burkinabe.
15. Abu Yasir HASSAN (a.k.a. Sheikh Hassan, Ahmed Mahmoud Hassan, Yaseer Hassan, Abu Qasim); date of birth: 1981 to 1983; place of birth: Pwani Region, Tanzania; gender: male; nationality: Tanzanian.
16. Bonomade Machude OMAR (a.k.a. Ibn Omar, Abu Sulayfa Muhammad, Abu Sorraca, Abu Surakha, Abu Suraqa Suraqa Filho, Omar Saide, Sheikh Omar); date of birth: 15 June 1988; place of birth: Palma district, Cabo Delgado province, Mozambique; gender: male; nationality: Mozambican.
B. Groups, undertakings and entities referred to in Article 3
Al-Qaeda in the Indian Subcontinent (AQIS) (a.k.a. Al-Qa’ida in the Indian Subcontinent, Qaedat al-Jihad in the Indian Subcontinent).
Da’esh – Hind Province (a.k.a. Wilayah of Hind, Islamic State’s Hind Province (ISHP), IS-Wilayat al-Hind, Da’esh – Wilayat al-Hind).
Hurras AL-DIN (HaD) (a.k.a. Hurras al-Deen, Huras-al-Din, Guardians of Religion, Tanzim Hurras Al-Din, Tandhim Hurras Al-Deen, Sham Al-Ribat, Al-Qaida in Syria, AQ-S).
Ansarul Islam (a.k.a. Ansar al-Islam, Ansarour Islam, Ansaroul Islam, Defenders of Islam, Ansar-ul-islam lil-ichad wal jihad, IRSAD, Ansar ul Islam of Malam Boureima Dicko).
ISIS-Mozambique (a.k.a. Islamic State of Iraq and Syria – Mozambique, Islamic State -Mozambique, ISIL-M, Ansar Al-Sunna, Al-Shabaab, Al-Shabaab in Mozambique, Mozambique Wilaya of the Islamic State, Ahlu Sunna wa Jamaah (ASwJ), Ahl al-Sunna wa al-Jamaa, Ahlu al-Sunnah wal-Jamaah, Ahlu Sunnah Wajamo, Swahili Sunna).
( 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).