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Document 02013D0255-20151218

Consolidated text: Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria

ELI: http://data.europa.eu/eli/dec/2013/255/2015-12-18

02013D0255 — EN — 18.12.2015 — 013.001


This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

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COUNCIL DECISION 2013/255/CFSP

of 31 May 2013

concerning restrictive measures against Syria

(OJ L 147 1.6.2013, p. 14)

Amended by:

 

 

Official Journal

  No

page

date

►M1

COUNCIL DECISION 2013/760/CFSP of 13 December 2013

  L 335

50

14.12.2013

 M2

COUNCIL DECISION 2014/74/CFSP of 10 February 2014

  L 40

63

11.2.2014

►M3

COUNCIL DECISION 2014/309/CFSP of 28 May 2014

  L 160

37

29.5.2014

►M4

COUNCIL IMPLEMENTING DECISION 2014/387/CFSP of 23 June 2014

  L 183

72

24.6.2014

►M5

COUNCIL IMPLEMENTING DECISION 2014/488/CFSP of 22 July 2014

  L 217

49

23.7.2014

►M6

COUNCIL IMPLEMENTING DECISION 2014/678/CFSP of 26 September 2014

  L 283

59

27.9.2014

►M7

COUNCIL IMPLEMENTING DECISION 2014/730/CFSP of 20 October 2014

  L 301

36

21.10.2014

►M8

COUNCIL DECISION 2014/901/CFSP of 12 December 2014

  L 358

28

13.12.2014

►M9

COUNCIL IMPLEMENTING DECISION (CFSP) 2015/117 of 26 January 2015

  L 20

85

27.1.2015

►M10

COUNCIL IMPLEMENTING DECISION (CFSP) 2015/383 of 6 March 2015

  L 64

41

7.3.2015

►M11

COUNCIL IMPLEMENTING DECISION (CFSP) 2015/784 of 19 May 2015

  L 124

13

20.5.2015

►M12

COUNCIL DECISION (CFSP) 2015/837 of 28 May 2015

  L 132

82

29.5.2015

►M13

COUNCIL IMPLEMENTING DECISION (CFSP) 2015/973 of 22 June 2015

  L 157

52

23.6.2015

►M14

COUNCIL DECISION (CFSP) 2015/1836 of 12 October 2015

  L 266

75

13.10.2015

►M15

COUNCIL IMPLEMENTING DECISION (CFSP) 2015/2359 of 16 December 2015

  L 331

26

17.12.2015


Corrected by:

►C1

Corrigendum, OJ L 305, 24.10.2014, p.  116 (2014/730/CFSP)

►C2

Corrigendum, OJ L 050, 21.2.2015, p.  48 (2014/488/CFSP)




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COUNCIL DECISION 2013/255/CFSP

of 31 May 2013

concerning restrictive measures against Syria



CHAPTER I

EXPORT AND IMPORT RESTRICTIONS

Article 1

1.  
The sale, supply, transfer or export of certain equipment, goods and technology which might be used for internal repression or for the manufacture and maintenance of products which could be used for internal repression, to Syria by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be prohibited, whether originating or not in their territories.

The Union shall take the necessary measures in order to determine the relevant items to be covered by this paragraph.

2.  

It shall be prohibited to:

(a) 

provide, directly or indirectly, technical assistance, brokering services or other services related to the items referred to in paragraph 1 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in, or for use in, Syria;

(b) 

provide, directly or indirectly, financing or financial assistance related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering services or other services to any natural or legal person, entity or body in, or for use in, Syria.

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3.  

Paragraphs 1 and 2 shall not apply to the sale, supply, transport or export of certain equipment, goods and technology which might be used for internal repression or for the manufacture and maintenance of products which could be used for internal repression or to the provision of related technical or financial assistance, where a Member State determines on a case-by-case basis that they are intended for:

(a) 

food, agricultural, medical or other humanitarian purposes, or for the benefit of UN Personnel, or personnel of the Union or its Member States; or

(b) 

activities undertaken in accordance with paragraph 10 of United Nations Security Council Resolution 2118(2013) and related decisions of the Executive Council of the OPCW, consistent with the objective of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Chemical Weapons Convention) and after consultation with the OPCW.

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Article 2

1.  
The sale, supply, transfer or export of certain equipment, goods or technology other than those referred to in Article 1(1) which might be used for internal repression or for the manufacture and maintenance of products which could be used for internal repression, to Syria by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be subject to authorisation on a case-by-case basis by the competent authorities of the exporting Member State.

The Union shall take the necessary measures in order to determine the relevant items to be covered by this paragraph.

2.  

The provision of:

(a) 

technical assistance, brokering services or other services related to the items referred to in paragraph 1 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in, or for use in, Syria;

(b) 

financing or financial assistance related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering services or other services to any natural or legal person, entity or body in, or for use in, Syria,

shall also be subject to an authorisation of the competent authority of the exporting Member State.

Article 3

1.  
The purchase, import or transport of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, from Syria or originating in Syria, shall be prohibited.
2.  
It shall be prohibited to provide, directly or indirectly, financing or financial assistance, including financial derivatives, as well as insurance and reinsurance, and brokering services related to insurance and reinsurance, for any purchase, import or transport of the items referred to in paragraph 1, from Syria or originating in Syria.

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3.  
Paragraphs 1 and 2 shall not apply to the import or transport of chemical weapons or related material from Syria or originating in Syria, undertaken in accordance with paragraph 10 of UN Security Council Resolution 2118(2013) and related decisions of the Executive Council of the OPCW, consistent with the objective of the Chemical Weapons Convention.

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Article 4

The sale, supply, transfer or export of equipment or software intended primarily for use in the monitoring or interception by the Syrian regime, or on its behalf, of the Internet and of telephone communications on mobile or fixed networks in Syria and the provision of assistance to install, operate or update such equipment or software shall be prohibited.

The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

Article 5

1.  
The purchase, import or transport from Syria of crude oil and petroleum products shall be prohibited.
2.  
It shall be prohibited to provide, directly or indirectly, financing or financial assistance, including financial derivatives, as well as insurance and reinsurance, related to the prohibitions referred to in paragraph 1.

Article 6

With a view to helping the Syrian civilian population, in particular to meeting humanitarian concerns, restoring normal life, upholding basic services, reconstruction, and restoring normal economic activity or other civilian purposes and by way of derogation from Article 5(1) and (2), the competent authorities of a Member State may authorise the purchase, import or transport from Syria of crude oil and petroleum products and the provision of related financing or financial assistance, including financial derivatives, as well as insurance and reinsurance, provided that the following conditions are met:

(a) 

the Syrian National Coalition for Opposition and Revolutionary Forces has been consulted in advance by the Member State concerned;

(b) 

the activities concerned are not directly or indirectly for the benefit of a person or entity referred to in Article 28(1); and

(c) 

the activities concerned do not breach any of the prohibitions laid down in this Decision.

The relevant Member State shall inform the other Member States of any authorisation granted under this Article.

Article 7

The prohibitions in Article 5 shall be without prejudice to the execution, until 15 November 2011, of obligations provided for in contracts concluded before 2 September 2011.

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Article 7a

1.  
The sale, supply, transfer or export of jet fuel and additives specifically formulated for jet fuel to Syria by nationals of Member States, or from the territories of Member States, or using their flag vessels or aircraft, shall be prohibited, whether originating or not in their territories.
2.  
It shall be prohibited to provide, directly or indirectly, financing or financial assistance, as well as insurance and reinsurance or brokering services, related to any sale, supply, transfer or export of jet fuel and additives as referred to in paragraph 1.
3.  
The competent authorities of a Member State may authorise the sale, supply, transfer or export of jet fuel and additives to Syria or the provision of direct or indirect financing, financial assistance, insurance, reinsurance or brokering services, necessary for use by the United Nations or bodies acting on its behalf for humanitarian purposes such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance or for evacuations from Syria or within Syria.
4.  
The prohibitions in paragraphs 1 and 2 shall not apply to jet fuel and additives exclusively used by non-Syrian civilian aircraft landing in Syria, provided that they are intended and used solely for the continuation of the flight operation of the aircraft into which they were loaded.
5.  
The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

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Article 8

1.  

The sale, supply or transfer of key equipment and technology for the following key sectors of the oil and natural gas industry in Syria, or to Syrian or Syrian-owned enterprises engaged in those sectors outside Syria, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States shall be prohibited whether or not originating in their territories:

(a) 

refining;

(b) 

liquefied natural gas;

(c) 

exploration;

(d) 

production.

The Union shall take the necessary measures in order to determine the relevant items to be covered by this paragraph.

2.  

It shall be prohibited to provide the following to enterprises in Syria that are engaged in the key sectors of the Syrian oil and gas industry referred to in paragraph 1 or to Syrian, or Syrian-owned enterprises engaged in those sectors outside Syria:

(a) 

technical assistance or training and other services related to key equipment and technology as referred to in paragraph 1;

(b) 

financing or financial assistance for any sale, supply, transfer or export of key equipment and technology as set out in paragraph 1 or for the provision of related technical assistance or training.

Article 9

1.  
The prohibition in Article 8(1) shall be without prejudice to the execution of an obligation relating to the delivery of goods provided for in contracts awarded or concluded before 1 December 2011.
2.  
The prohibitions in Article 8 shall be without prejudice to the execution of an obligation arising from contracts awarded or concluded before 1 December 2011 and relating to investments made in Syria before 23 September 2011 by enterprises established in Member States.

Article 10

With a view to helping the Syrian civilian population, in particular to meeting humanitarian concerns, restoring normal life, upholding basic services, reconstruction, and restoring normal economic activity or other civilian purposes and by way of derogation from Article 8(1) and (2), the competent authorities of a Member State may authorise the sale, supply or transfer of key equipment and technology for the key sectors of the oil and natural gas industry in Syria referred to in Article 8(1), or to Syrian or Syrian-owned enterprises engaged in those sectors outside Syria and the provision of related technical assistance or training and other services, as well as financing or financial assistance, provided that the following conditions are met:

(a) 

the Syrian National Coalition for Opposition and Revolutionary Forces has been consulted in advance by the Member State concerned;

(b) 

the activities concerned are not directly or indirectly for the benefit of a person or entity referred to in Article 28(1); and

(c) 

the activities concerned do not breach any of the prohibitions laid down in this Decision.

The relevant Member State shall inform the other Member States of any authorisation granted under this Article.

Article 11

The delivery of Syrian denominated banknotes and coinage to the Central Bank of Syria shall be prohibited.

Article 12

The direct or indirect sale, purchase, transportation or brokering of gold and precious metals, as well as of diamonds to, from or for the Government of Syria, its public bodies, corporations and agencies, the Central Bank of Syria, as well as to, from or for persons and entities acting on their behalf or at their direction, or entities owned or controlled by them, shall be prohibited.

The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

Article 13

The sale, supply, transfer or export of luxury goods to Syria by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be prohibited, whether originating or not in their territories.

The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

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Article 13a

It shall be prohibited to import, export, transfer or provide related brokering services for cultural property and other items of archaeological, historical, cultural, rare scientific and religious importance which have been illegally removed from Syria, or where reasonable suspicion exists that they have been illegally removed from Syria, on or after 15 March 2011. The prohibition shall not apply if it is shown that the cultural items are being safely returned to their legitimate owners in Syria.

The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

▼B



CHAPTER II

RESTRICTIONS ON FINANCING OF CERTAIN ENTERPRISES

Article 14

The following shall be prohibited:

(a) 

the granting of any financial loan or credit to enterprises in Syria that are engaged in the Syrian oil industry sectors of exploration, production or refining, or to Syrian or Syrian-owned enterprises engaged in those sectors outside Syria;

(b) 

the granting of any financial loan or credit to enterprises in Syria that are engaged in the construction of new power plants for the production of electricity in Syria;

(c) 

the acquisition or extension of a participation in enterprises in Syria that are engaged in the Syrian oil industry sectors of exploration, production or refining, or in Syrian or Syrian-owned enterprises engaged in those sectors outside Syria, including the acquisition in full of such enterprises and the acquisition of shares or securities of a participating nature;

(d) 

the acquisition or extension of a participation in enterprises in Syria that are engaged in the construction of new power plants for the production of electricity in Syria, including the acquisition in full of such enterprises and the acquisition of shares or securities of a participating nature;

(e) 

the creation of any joint venture with enterprises in Syria that are engaged in the Syrian oil industry sectors of exploration, production or refining and with any subsidiary or affiliate under their control;

(f) 

the creation of any joint venture with enterprises in Syria that are engaged in the construction of new power plants for the production of electricity in Syria and with any subsidiary or affiliate under their control.

Article 15

1.  

The prohibitions set out in points (a) and (c) of Article 14:

(i) 

shall be without prejudice to the execution of an obligation arising from contracts or agreements concluded before 23 September 2011;

(ii) 

shall not prevent the extension of a participation, if such extension is an obligation under an agreement concluded before 23 September 2011.

2.  

The prohibitions set out in points (b) and (d) of Article 14:

(i) 

shall be without prejudice to the execution of an obligation arising from contracts or agreements concluded before 1 December 2011;

(ii) 

shall not prevent the extension of a participation, if such extension is an obligation under an agreement concluded before 1 December 2011.

Article 16

With a view to helping the Syrian civilian population, in particular to meeting humanitarian concerns, restoring normal life, upholding basic services, reconstruction, and restoring normal economic activity or other civilian purposes and by way of derogation from points (a), (c) and (e) of Article 14, the competent authorities of a Member State may authorise the granting of any financial loan or credit to or the acquisition or extension of a participation in enterprises in Syria that are engaged in the Syrian oil industry sectors of exploration, production or refining, or Syrian or Syrian-owned enterprises engaged in those sectors outside Syria, or the creation of any joint venture with enterprises in Syria that are engaged in the Syrian oil industry sectors of exploration, production or refining and with any subsidiary or affiliate under their control, provided that the following conditions are met:

(a) 

the Syrian National Coalition for Opposition and Revolutionary Forces has been consulted in advance by the Member State concerned;

(b) 

the activities concerned are not directly or indirectly for the benefit of a person or entity referred to in Article 28(1); and

(c) 

the activities concerned do not breach any of the prohibitions laid down in this Decision.

The relevant Member State shall inform the other Member States of any authorisation granted under this Article.



CHAPTER III

RESTRICTIONS ON INFRASTRUCTURE PROJECTS

Article 17

1.  
Participation in the construction of new power plants for the production of electricity in Syria shall be prohibited.
2.  
It shall be prohibited to provide technical assistance or financing or financial assistance to the construction of new power plants for the production of electricity in Syria.
3.  
The prohibition in paragraphs 1 and 2 shall be without prejudice to the execution of an obligation arising from contracts or agreements concluded before 1 December 2011.



CHAPTER IV

RESTRICTIONS ON FINANCIAL SUPPORT FOR TRADE

Article 18

1.  
Member States shall exercise restraint in entering into new short and medium-term commitments for public and private provided financial support for trade with Syria, including the granting of export credits, guarantees or insurance, to their nationals or entities involved in such trade, with a view to reducing their outstanding amounts, in particular to avoid any financial support contributing to the violent repression against the civilian population in Syria. In addition, Member States shall not enter into new long-term commitments for public and private provided financial support for trade with Syria.
2.  
Paragraph 1 shall not affect commitments established prior to 1 December 2011.
3.  
Paragraph 1 shall not concern trade for food, agricultural, medical or other humanitarian purposes.



CHAPTER V

FINANCIAL SECTOR

Article 19

Member States shall not enter into new commitments for grants, financial assistance or concessional loans to the Government of Syria, including through their participation in international financial institutions, except for humanitarian and developmental purposes.

Article 20

The following shall be prohibited:

(a) 

any disbursement or payment by the European Investment Bank (EIB) under or in connection with any existing loan agreements entered into between Syria and the EIB;

(b) 

the continuation by the EIB of any existing Technical Assistance Service Contracts for sovereign projects located in Syria.

Article 21

The following shall be prohibited: the direct or indirect sale or purchase of, or brokering or assistance in the issuance of Syrian public or public-guaranteed bonds issued after 1 December 2011 to and from the Government of Syria, its public bodies, corporations and agencies, the Central Bank of Syria, or banks domiciled in Syria, or branches and subsidiaries within and outside the jurisdiction of Member States of banks domiciled in Syria, or financial entities that are neither domiciled in Syria nor within the jurisdiction of the Member States, but are controlled by persons and entities domiciled in Syria as well as any persons and entities acting on their behalf or at their direction, or entities owned or controlled by them.

Article 22

1.  
The opening of new branches, subsidiaries, or representative offices of Syrian banks in the territories of Member States, and the establishment of new joint ventures, or the taking of an ownership interest, or the establishment of new correspondent banking relationships by Syrian banks, including the Central Bank of Syria, its branches and subsidiaries and financial entities that are not domiciled in Syria, but are controlled by persons or entities domiciled in Syria, with banks in the jurisdiction of Member States, shall be prohibited.
2.  
Financial institutions within the territories of the Member States or under their jurisdiction shall be prohibited from opening representative offices, subsidiaries or banking accounts in Syria.

Article 23

With a view to helping the Syrian civilian population, in particular to meeting humanitarian concerns, restoring normal life, upholding basic services, reconstruction, and restoring normal economic activity or other civilian purposes and by way of derogation from Article 22(2), the competent authorities of a Member State may authorise financial institutions within the territories of the Member States or under their jurisdiction to open representative offices, subsidiaries or banking accounts in Syria, provided that the following conditions are met:

(a) 

the Syrian National Coalition for Opposition and Revolutionary Forces has been consulted in advance by the Member State concerned;

(b) 

the activities concerned are not directly or indirectly for the benefit of a person or entity referred to in Article 28(1); and

(c) 

the activities concerned do not breach any of the prohibitions laid down in this Decision.

The relevant Member State shall inform the other Member States of any authorisation granted under this Article.

Article 24

1.  
The provision of insurance and re-insurance to the Government of Syria, its public bodies, corporations and agencies or to any persons or entities acting on their behalf or at their direction, or to entities owned or controlled by them, including through illicit means, shall be prohibited.
2.  

Paragraph 1 shall not apply to the provision of:

(a) 

health or travel insurance to natural persons;

(b) 

compulsory or third party insurance to Syrian persons, entities or bodies based in the Union;

(c) 

insurance or re-insurance to the owner of a vessel, aircraft or vehicle chartered by a Syrian person, entity or body and which person, entity or body is not listed in Annex I or II.



CHAPTER VI

TRANSPORT SECTOR

Article 25

1.  
Member States, in accordance with their national legislation and consistent with international law, in particular relevant international civil aviation agreements, shall take the necessary measures to prevent access to the airports under their jurisdiction of all exclusively cargo flights operated by Syrian carriers and all flights operated by Syrian Arab Airlines.
2.  
Paragraph 1 shall not apply to the access to airports under the jurisdiction of Member States of flights operated by Syrian Arab Airlines, necessary for the sole purpose of evacuating citizens of the Union and their family members from Syria.

Article 26

1.  
If Member States have information that provides reasonable grounds to believe that the cargo of vessels and aircraft bound for Syria contains items whose supply, sale, transfer or export is prohibited under Article 1 or subject to authorisation under Article 2, they shall inspect, in accordance with their national legislation and consistent with international law, in particular the law of the sea and relevant international civil aviation agreements and maritime transport agreements, such vessels and aircraft in their seaports and airports, as well as in their territorial sea, in accordance with decisions and capabilities of their competent authorities and with the consent, as necessary in accordance with international law for the territorial sea, of the flag State.
2.  
Member States, in accordance with their national legislation and consistent with international law, shall, upon discovery, seize and dispose of items whose supply, sale, transfer or export is prohibited under Article 1 or 2.
3.  
Member States shall cooperate, in accordance with their national legislation, with inspections and disposals undertaken pursuant to paragraphs 1 and 2.
4.  
Aircraft and vessels transporting cargo to Syria shall be subject to the requirement of additional pre-arrival or pre-departure information for all goods brought into or out of a Member State.



CHAPTER VII

RESTRICTIONS ON ADMISSION

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Article 27

1.  
Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons responsible for the violent repression against the civilian population in Syria, persons benefiting from or supporting the regime, and persons associated with them, as listed in Annex I.
2.  

In accordance with the assessments and determinations made by the Council in the context of the situation in Syria as set out in recitals 5 to 11, Member States shall also take the necessary measures to prevent the entry into, or transit through, their territories of:

(a) 

leading businesspersons operating in Syria;

(b) 

members of the Assad or Makhlouf families;

(c) 

Syrian Government Ministers in power after May 2011;

(d) 

members of the Syrian Armed Forces of the rank of ‘colonel’ and the equivalent or higher in post after May 2011;

(e) 

members of the Syrian security and intelligence services in post after May 2011;

(f) 

members of regime-affiliated militias; or

(g) 

persons operating in the chemical weapons proliferation sector,

and persons associated with them, as listed in Annex I.

3.  
Persons within one of the categories referred to in paragraph 2 shall not be included or retained on the list of persons and entities in Annex I if there is sufficient information that they are not, or are no longer, associated with the regime or do not exercise influence over it or do not pose a real risk of circumvention.
4.  
All listing decisions shall be made on an individual and case-by-case basis taking into account the proportionality of the measure.
5.  
Paragraphs 1 and 2 shall not oblige a Member State to refuse its own nationals entry into its territory.
6.  

Paragraphs 1 and 2 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:

(a) 

as a host country to an international intergovernmental organisation;

(b) 

as a host country to an international conference convened by, or under the auspices of, the UN;

(c) 

under a multilateral agreement conferring privileges and immunities; or

(d) 

under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy.

7.  
Paragraph 6 shall be considered as also applying in cases where a Member State is host country to the Organisation for Security and Cooperation in Europe (OSCE).
8.  
The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraph 6 or 7.
9.  
Member States may grant exemptions from the measures imposed under paragraphs 1 and 2 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted by the Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in Syria.
10.  
A Member State wishing to grant exemptions referred to in paragraph 9 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the Council members raises an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more of the Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.
11.  
Where, pursuant to paragraphs 6 to 10, a Member State authorises the entry into, or transit through, its territory of persons listed in Annex I, the authorisation shall be limited to the purpose for which it is given and to the person concerned therewith.

▼B



CHAPTER VIII

FREEZING OF FUNDS AND ECONOMIC RESSOURCES

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Article 28

1.  
All funds and economic resources belonging to, or owned, held or controlled by persons responsible for the violent repression against the civilian population in Syria, persons and entities benefiting from or supporting the regime, and persons and entities associated with them, as listed in Annexes I and II, shall be frozen.
2.  

In accordance with the assessments and determinations made by the Council in the context of the situation in Syria as set out in recitals 5 to 11, all funds and economic resources belonging to, or owned, held or controlled by:

(a) 

leading businesspersons operating in Syria;

(b) 

members of the Assad or Makhlouf families;

(c) 

Syrian Government Ministers in power after May 2011;

(d) 

members of the Syrian Armed Forces of the rank of ‘colonel’ and the equivalent or higher in post after May 2011;

(e) 

members of the Syrian security and intelligence services in post after May 2011;

(f) 

members of regime-affiliated militias; or

(g) 

members of entities, units, agencies, bodies or institutions operating in the chemical weapons proliferation sector,

and persons associated with them, as listed in Annex I, shall be frozen.

3.  
Persons, entities or bodies within one of the categories referred to in paragraph 2 shall not be included or retained on the list of persons and entities in Annex I if there is sufficient information that they are not, or are no longer, associated with the regime or do not exercise influence over it or do not pose a real risk of circumvention.
4.  
All listing decisions shall be made on an individual and case-by-case basis taking into account the proportionality of the measure.
5.  
No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of, the natural or legal persons or entities listed in Annexes I and II.
6.  

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:

(a) 

necessary to satisfy the basic needs of the persons listed in Annexes I and II and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

(b) 

intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;

(c) 

intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources; or

(d) 

necessary for extraordinary expenses, provided that the competent authority 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;

(e) 

necessary for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, humanitarian workers and related assistance, and provided that, in the case of release of frozen funds or economic resources, the funds or economic resources are released to the UN for the purpose of delivering or facilitating the delivery of assistance in Syria in accordance with the Syria Humanitarian Assistance Response Plan (SHARP);

(f) 

to be paid into or from an account of a diplomatic or consular mission or an international organisation enjoying immunities in accordance with international law, in so far as such payments are intended to be used for official purposes of the diplomatic or consular mission or international organisation;

(g) 

necessary for evacuations from Syria;

(h) 

intended for the Central Bank of Syria or Syrian State-owned entities, as listed in Annexes I and II, to make payments on behalf of the Syrian Arab Republic to the OPCW for activities related to the OPCW verification mission and the destruction of Syrian chemical weapons, and in particular to the OPCW Syrian Special Trust Fund for activities related to the complete destruction of Syrian chemical weapons outside the territory of the Syrian Arab Republic.

A Member State shall inform the other Member States and the Commission of any authorisation it grants under this paragraph.

7.  

By way of derogation from paragraphs 1 and 2, 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:

(a) 

the funds or economic resources are subject of an arbitral decision rendered prior to the date on which the person or entity referred to in paragraph 1 or 2 was listed in Annex I or II or of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to or after that date;

(b) 

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;

(c) 

the decision is not for the benefit of a person or entity listed in Annex I or II; and

(d) 

recognising the decision 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.

8.  
Paragraphs 1 and 2 shall not prevent a designated person or entity from making a payment due under a contract entered into before the listing of such a person or entity, provided that the relevant Member State has determined that the payment is not directly or indirectly received by a person or entity referred to in paragraphs 1 and 2.
9.  
Paragraphs 1 and 2 shall not prevent a designated entity listed in Annex II, for a period of two months after the date of its designation, from making a payment from frozen funds or economic resources received by such entity after the date of its designation, where such payment is due under a contract in connection with the financing of trade, provided that the relevant Member State has determined that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1 or 2.
10.  

Paragraph 5 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 this Decision,

provided that any such interest, other earnings and payments remain subject to paragraphs 1 and 2.

11.  
Paragraphs 1, 2 and 5 shall not apply to a transfer by or through the Central Bank of Syria of funds or economic resources received and frozen after the date of its designation or to a transfer of funds or economic resources to or through the Central Bank of Syria after the date of its designation where such transfer is related to a payment by a non-designated financial institution due in connection with a specific trade contract, provided that the relevant Member State has determined, on a case-by-case basis, that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1 or 2.
12.  
Paragraphs 1 and 2 shall not apply to a transfer by or through the Central Bank of Syria of frozen funds or economic resources where such transfer is for the purpose of providing financial institutions under the jurisdiction of Member States with liquidity for the financing of trade, provided that the transfer has been authorised by the relevant Member State.
13.  
Paragraphs 1, 2 and 5 shall not apply to a transfer, by or through a financial entity listed in Annex I or II, of frozen funds or economic resources where the transfer is related to a payment by a person or entity not listed in Annex I or II in connection with the provision of financial support to Syrian nationals pursuing an education, professional training or engaged in academic research in the Union, provided that the relevant Member State has determined, on a case-by-case basis, that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1 or 2.
14.  
Paragraphs 1, 2 and 5 shall not apply to acts or transactions carried out, with regard to Syrian Arab Airlines, for the sole purpose of evacuating citizens of the Union and their family members from Syria.
15.  
Paragraphs 1, 2 and 5 shall not apply to the transfer by or through the Commercial Bank of Syria of funds or economic resources received from outside the Union and frozen after the date of its designation or to a transfer of funds or economic resources to or through the Commercial Bank of Syria received from outside the Union after the date of its designation where such transfer is related to a payment by a non-designated financial institution due in connection with a specific trade contract for medical supplies, food, shelter, sanitation or hygiene for civilian use, provided that the relevant Member State has determined, on a case-by-case basis, that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1 or 2.

▼B



CHAPTER IX

GENERAL AND FINAL PROVISIONS

Article 29

No claims, including for compensation or indemnification or any other claim of this kind, such as a claim of set-off, fines or a claim under a guarantee, claims for extension or payment of a bond, financial guarantee, including claims arising from letters of credit and similar instruments in connection with any contract or transaction the performance of which was affected, directly or indirectly, wholly or in part, by reason of measures covered by this Decision, shall be granted to the designated persons or entities listed in Annexes I and II, or any other person or entity in Syria, including the Government of Syria, its public bodies, corporations and agencies, or any person or entity claiming through or for the benefit of any such person or entity.

Article 30

1.  
The Council, acting upon a proposal by a Member State or the High Representative of the Union for Foreign Affairs and Security Policy, shall establish and amend the lists in Annexes I and II.

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2.  
The Council shall communicate its decision on the listing, including the grounds therefor, to the person, entity or body concerned, either directly, if the address is known, or through the publication of a notice, providing such person, entity or body with an opportunity to present observations. In particular, where a person, entity or body is listed in Annex I on the basis that they fall within one of the categories of persons, entities or bodies set out in Articles 27(2) and 28(2), the person, entity or body may present evidence and observations as to why, although they fall within such a category, they consider that their designation is not justified.

▼B

3.  
Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person or entity concerned accordingly.

Article 31

1.  
Annexes I and II shall include the grounds for listing the persons and entities concerned.
2.  
Annexes I and II shall also contain, where available, the information necessary to identify the persons or entities concerned. With regard to persons, such information may include names, including aliases, date and place of birth, nationality, passport and identity card numbers, gender, address if known, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business.

Article 32

It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions laid down in this Decision.

Article 33

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 contained in this Decision.

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Article 34

This Decision shall apply until 1 June 2016. It shall be kept under constant review. It may be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.

▼B

Article 35

This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.




ANNEX I

List of natural and legal persons, entities or bodies referred to in Articles 27 and 28



A.  Persons

 

Name

Identifying information

Reasons

Date of listing

1.

Bashar (image) Al-Assad (image)

Date of birth: 11 September 1965;

Place of birth: Damascus;

diplomatic passport No D1903

President of the Republic; person authorising and supervising the crackdown on demonstrators.

23.5.2011

2.

Maher (image) (a.k.a. Mahir) Al-Assad (image)

Date of birth: 8 December 1967;

diplomatic passport No 4138

Commander of the Army's 4th Armoured Division, member of Ba'ath Party Central Command, strongman of the Republican Guard; brother of President Bashar Al-Assad; principal overseer of violence against demonstrators.

9.5.2011

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3.

Ali (image) Mamluk (image) (a.k.a. Mamlouk)

Date of birth: 19 February 1946;

Place of birth: Damascus;

Diplomatic passport No 983

Director of the National Security Bureau. Former Head of Syrian Intelligence Directorate (GID) involved in violence against demonstrators.

9.5.2011

▼B

4.

Atej (image) (a.k.a. Atef, Atif) Najib (image) (a.k.a. Najeeb)

 

Former Head of the Political Security Directorate in Dara'a; cousin of President Bashar Al-Assad; involved in violence against demonstrators.

9.5.2011

5.

Hafiz (image) Makhluf (image) (a.k.a. Hafez Makhlouf)

Date of birth: 2 April 1971;

Place of birth: Damascus;

diplomatic passport No 2246

Colonel and Head of Unit in General Intelligence Directorate, Damascus Branch; cousin of President Bashar Al-Assad; close to Maher Al-Assad; involved in violence against demonstrators.

9.5.2011

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6.

Muhammad (image) Dib (image) Zaytun (image) (a.k.a. Mohammed Dib Zeitoun; a.k.a. Mohamed Dib Zeitun)

Date of birth: 20 May 1951;

Place of birth: Damascus;

Diplomatic passport No D000001300

Head of General Security Directorate; involved in violence against demonstrators.

9.5.2011

▼B

7.

Amjad (image) Al-Abbas (image)

 

Head of Political Security in Banyas, involved in violence against demonstrators in Baida.

9.5.2011

8.

Rami (image) Makhlouf (image)

Date of birth: 10 July 1969;

Place of birth: Damascus;

passport No 454224

Syrian businessman; cousin of President Bashar Al-Assad, controls the investment funds Al Mashreq, Bena Properties, Cham Holding, Syriatel, Souruh Company thereby furnishing financing and support to the regime.

9.5.2011

9.

Abd Al-Fatah (image) Qudsiyah (image)

Born: 1953;

Place of birth: Hama;

diplomatic passport No D0005788

Head of Syrian Military Intelligence (SMI); involved in violence against the civilian population.

9.5.2011

10.

Jamil (image) (a.k.a. Jameel) Hassan (image)

 

Head of Syrian Air Force Intelligence; involved in violence against the civilian population.

9.5.2011

▼M12 —————

▼M13 —————

▼B

13.

Munzir (image) Al-Assad (image)

Date of birth: 1 March 1961;

Place of birth: Latakia;

passports No 86449 and No 842781

Involved in violence against the civilian population as part of the Shabiha militia.

9.5.2011

▼M3 —————

▼B

15.

Hisham (image) Ikhtiyar (image,image,image) (a.k.a. Al Ikhtiyar, Bikhtiyar, Bikhtyar, Bekhtyar, Bikhtiar, Bekhtyar)

Born: 20 July 1941;

place of birth Damascus

Head of Syrian National Security Bureau; involved in violence against the civilian population.

He is reported to have died because of the bombing of 18 July, 2012

23.5.2011

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16.

Faruq (image) (a.k.a. Farouq, Farouk) Al Shar' (image) (a.k.a. Al Char', Al Shara', Al Shara)

Date of birth: 10 December 1938

Former Vice-President of Syria; involved in violence against the civilian population

23.5.2011

▼B

17.

Muhammad (image) Nasif (image) (a.k.a. Naseef, Nassif, Nasseef) Khayrbik (image,image)

Date of birth: 10 April 1937 (or 20 May 1937);

Place of birth: Hama;

diplomatic passport No 0002250

Deputy Vice-President of Syria for National Security Affairs; involved in violence against the civilian population.

23.5.2011

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18.

Mohammed (image) Hamcho (image)

Date of birth: 20 May 1966

Passport No 002954347

Prominent Syrian businessman, owner of Hamcho International, close to key figures of the Syrian regime, including President Bashar al-Assad and Maher al-Assad.

Since March 2014, he has held the position of Chairman for China of the Bilateral Business Councils following his appointment by the Minister of Economy, Khodr Orfali.

Mohammed Hamcho benefits from and provides support to the Syrian regime and is associated with persons benefiting from and supporting the regime.

27.1.2015

▼B

19.

Iyad (image) (a.k.a. Eyad) Makhlouf (image)

Date of birth: 21 January 1973;

Place of birth: Damascus;

passport No N001820740

Brother of Rami Makhlouf and GID Officer involved in violence against the civilian population.

23.5.2011

20.

Bassam (image) Al Hassan (image) (a.k.a. Al Hasan)

 

Presidential Advisor for Strategic Affairs; involved in violence against the civilian population.

23.5.2011

21.

Dawud Rajiha

 

Chief of Staff of the Armed Forces responsible for the military involvement in violence against peaceful protesters.

Died in the 18 July 2012 bombing.

23.5.2011

22.

Ihab (image) (a.k.a. Ehab, Iehab) Makhlouf (image)

Date of birth: 21 January 1973;

Place of birth: Damascus;

passport No N002848852

Vice President of Syriatel, which transfers 50 % of its profits to the Syrian government by way of its licencing contract.

23.5.2011

23.

Zoulhima (image) (a.k.a. Zu al-Himma) Chaliche (image) (a.k.a., Shalish, Shaleesh) (a.k.a. Dhu al-Himma Shalish)

Born: 1951 or 1946 or 1956;

Place of birth: Kerdaha

Head of presidential security; involved in violence against demonstrators; first cousin of President Bashar Al-Assad.

23.6.2011

24.

Riyad (image) Chaliche (image) (a.k.a. Shalish, Shaleesh) (a.k.a. Riyad Shalish)

 

Director of Military Housing Establishment; provides funding to the regime; first cousin of President Bashar Al-Assad.

23.6.2011

25.

Brigadier Commander Mohammad (image) (a.k.a. Mohamed, Muhammad, Mohammed) Ali (image) Jafari (image) (a.k.a. Jaafari, Ja'fari, Aziz; a.k.a. Jafari, Ali; a.k.a. Jafari, Mohammad Ali; a.k.a. Ja'fari, Mohammad Ali; a.k.a. Jafari-Naja-fabadi, Mohammad Ali)

Date of birth: 1 September 1957;

Place of birth: Yazd, Iran

General Commander of Iranian Revolutionary Guard Corps, involved in providing equipment and support to help the Syrian regime suppress protests in Syria.

23.6.2011

26.

Major General Qasem (image) Soleimani (image) (a.k.a. Qasim Soleimany)

 

Commander of Iranian Revolutionary Guard Corps, IRGC - Qods, involved in providing equipment and support to help the Syrian regime suppress protests in Syria.

23.6.2011

27.

Hossein Taeb (a.k.a. Taeb, Hassan; a.k.a. Taeb, Hosein; a.k.a. Taeb, Hossein; a.k.a. Taeb, Hussayn; a.k.a. Hojjatoleslam Hossein Ta'eb)

Born: 1963;

Place of birth: Tehran, Iran

Deputy Commander for Intelligence of Iranian Revolutionary Guard Corps, involved in providing equipment and support to help the Syrian regime suppress protests in Syria.

23.6.2011

▼M9

28.

Khalid (image) (a.k.a. Khaled) Qaddur (image) (a.k.a. Qadour, Qaddour, Kaddour)

 

Prominent Syrian businessman, close to Maher al-Assad, a key figure of the Syrian regime.

Khalid Qaddur benefits from and provides support to the Syrian regime and is associated with persons benefiting from and supporting the regime.

27.1.2015

▼B

29.

Ra'if (image) Al-Quwatly (image) (a.k.a. Ri'af Al-Quwatli a.k.a. Raeef Al-Kouatly)

 

Business associate of Maher Al-Assad and responsible for managing some of his business interests; provides funding to the regime.

23.6.2011

30.

Mohammad (image) (a.k.a. Muhammad, Mohamed, Mohammed) Mufleh (image) (a.k.a. Muflih)

 

Head of Syrian Military Intelligence in the town of Hama, involved in the crackdown on demonstrators.

1.8.2011

31.

Major General Tawfiq (image) (a.k.a. Tawfik) Younes (image) (a.k.a. Yunes)

 

Head of the Department for Internal Security of the General Intelligence Directorate; involved in violence against the civilian population.

1.8.2011

32.

Mr Mohammed (image) Makhlouf (image) (a.k.a. Abu Rami)

Date of birth: 19.10.1932;

Place of birth: Latakia, Syria

Close associate and maternal uncle of Bashar and Mahir al-Assad. Business associate and father of Rami, Ihab and Iyad Makhlouf.

1.8.2011

▼M9

33.

Ayman (image) Jabir (image) (a.k.a. Aiman Jaber)

Place of birth: Latakia

Prominent Syrian businessman, close to key figures of the Syrian regime such as Maher al-Assad and Rami Makhlouf.

He has also provided support to the regime by facilitating the importation of oil from Overseas Petroleum Trading to Syria through his company El Jazireh.

Ayman Jabir benefits from and provides support to the regime and is associated with persons benefiting from and supporting the regime.

27.1.2015

▼B

34.

Hayel (image) Al-Assad (image)

 

Assistant to Maher Al-Assad, Head of the military police unit of the army's 4th Division, involved in repression.

23.8.2011

35.

Ali (image) Al-Salim (image) (a.k.a. Al-Saleem)

 

Director of the supplies office of the Syrian Ministry of Defence, entry point for all arms acquisitions by the Syrian army.

23.8.2011

36.

Nizar Al-Assad (image)

Cousin of Bashar Al-Assad; previously head of the ‘Nizar Oilfield Supplies’ company

Very close to key government officials. Financing Shabiha in the region of Latakia.

23.8.2011

▼M12

37.

Brigadier-General Rafiq (image) (a.k.a. Rafeeq) Shahadah (image) (a.k.a. Shahada, Shahade, Shahadeh, Chahada, Chahade, Chahadeh, Chahada)

 

Former Head of Syrian Military Intelligence (SMI) Branch 293 (Internal Affairs) in Damascus. Directly involved in repression and violence against the civilian population in Damascus. Advisor to President Bashar Al-Assad for strategic questions and military intelligence.

23.8.2011

▼B

38.

Brigadier-General Jamea (image) Jamea (image) (a.k.a. Jami Jami, Jame', Jami')

 

Branch Chief for Syrian Military Intelligence (SMI) in Dayr az-Zor. Directly involved in repression and violence against the civilian population in Dayr az-Zor and Alboukamal.

23.8.2011

39.

Hassan Bin-Ali Al-Turkmani

Born: 1935;

Place of birth: Aleppo

Deputy Vice Minister, former Minister for Defence, Special Envoy of President Bashar Al-Assad.

He is reported to have died in the bombing of 18 July, 2012.

23.8.2011

40.

Muhammad (image) (a.k.a. Mohammad, Muhammad, Mohammed) Said (image) (a.k.a. Sa'id, Sa'eed, Saeed) Bukhaytan (image)

 

Assistant Regional Secretary of Ba'ath Arab Socialist Party since 2005, 2000-2005 Director for the national security of the regional Ba'ath party. Former Governor of Hama (1998-2000). Close associate of President Bashar Al-Assad and Maher Al-Assad. Senior decision-maker in the regime on repression of civilian population.

23.8.2011

41.

Ali (image) Douba (image)

 

Responsible for killings in Hama in 1980, has been called back to Damascus as special advisor to President Bashar Al-Assad.

23.8.2011

▼M12

42.

Brigadier-General Nawful (