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Document 02010D0638-20221026
Council Decision 2010/638/CFSP of 25 October 2010 concerning restrictive measures in view of the situation in Guinea
Consolidated text: Council Decision 2010/638/CFSP of 25 October 2010 concerning restrictive measures in view of the situation in Guinea
Council Decision 2010/638/CFSP of 25 October 2010 concerning restrictive measures in view of the situation in Guinea
02010D0638 — EN — 26.10.2022 — 015.001
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COUNCIL DECISION 2010/638/CFSP of 25 October 2010 concerning restrictive measures in view of the situation in Guinea (OJ L 280 26.10.2010, p. 10) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 76 |
59 |
22.3.2011 |
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L 281 |
28 |
28.10.2011 |
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L 74 |
8 |
14.3.2012 |
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L 299 |
45 |
27.10.2012 |
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L 280 |
25 |
22.10.2013 |
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L 111 |
83 |
15.4.2014 |
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L 301 |
33 |
21.10.2014 |
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L 281 |
9 |
27.10.2015 |
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L 280 |
32 |
18.10.2016 |
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L 273 |
10 |
24.10.2017 |
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L 268 |
47 |
26.10.2018 |
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L 272 |
152 |
25.10.2019 |
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L 355 |
3 |
26.10.2020 |
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L 283 |
18 |
6.8.2021 |
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L 377 |
34 |
25.10.2021 |
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L 275 |
74 |
25.10.2022 |
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COUNCIL DECISION 2010/638/CFSP
of 25 October 2010
concerning restrictive measures in view of the situation in Guinea
▼M6 —————
Article 3
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 to an international intergovernmental organisation;
as a host country to an international conference convened by, or under the auspices of, the UN;
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 4
The competent authority of a Member State may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as it deems appropriate, after having determined that the funds or economic resources concerned are:
necessary to satisfy the basic needs of the persons listed in the Annex and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
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; or
necessary for extraordinary expenses, provided that the competent authority has notified the competent authority of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least two weeks prior to the authorisation.
A Member State shall inform the other Member States and the Commission of any authorisation it grants under this paragraph.
By way of derogation from paragraph 1, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources, provided that the following conditions are met:
the funds or economic resources are the subject of a judicial, administrative or arbitral lien established prior to the date on which the natural or legal person, entity or body referred to in Article 4(1) was included in the Annex or of a judicial, administrative or arbitral judgment rendered prior to that date;
the funds or economic resources will be used exclusively to satisfy claims secured by such a lien or recognised as valid in such a judgment, within the limits set by applicable laws and regulations governing the rights of persons having such claims;
the lien or judgment is not for the benefit of a natural or legal person, entity or body listed in the Annex; and
recognising the lien or judgement is not contrary to public policy in the Member State concerned.
A Member State shall inform the other Member States and the Commission of any authorisation granted under this paragraph.
Paragraph 2 shall not apply to the addition to frozen accounts of:
interest or other earnings on those accounts; or
payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to Common Position 2009/788/CFSP,
provided that any such interest, other earnings and payments remain subject to paragraph 1.
Article 5
Article 5a
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 6
In order to maximise the impact of the abovementioned measures, the EU shall encourage third States to adopt restrictive measures similar to those contained in this Decision.
Article 7
Common Position 2009/788/CFSP is hereby repealed.
Article 8
ANNEX
LIST OF PERSONS REFERRED TO IN ARTICLES 3 AND 4
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Name (and possible aliases) |
Identifying information |
Reasons |
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1. |
Captain Moussa Dadis CAMARA |
DOB: 1.1.1964 or 29.12.1968 Passport number: R0001318 Gender: male Address: Ouagadougou (Burkina Faso) Function or profession: Former military and head of the military junta of the CNDD (Conseil National pour la Democratie et le Developpement) |
Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea |
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2. |
Colonel Moussa Tiégboro CAMARA Alias: Moussa Thiegboro CAMARA |
DOB.: 1.1.1968 Passport number: 7190 Gender: male Function or profession: Secretary-General, Presidency of the Republic of Guinea |
Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea |
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3. |
Colonel Dr Abdoulaye Chérif DIABY |
DOB: 26.2.1957 Passport number: 13683 Gender: male Function or profession: military doctor |
Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea |
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4. |
Captain Aboubacar Chérif (alias Toumba) DIAKITÉ |
Gender: male Address: Conakry (Republic of Guinea) Function or profession: former military. Other information: in detention |
Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea |
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5. |
Colonel Jean-Claude PIVI (alias Coplan) |
DOB: 1.1.1960 Gender: male Function or profession: Minister in charge of Presidential Security |
Person identified by the International Commission of Inquiry as responsible for the 28 September 2009 events in Guinea |
( 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).