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Document 02014R1352-20230216
Council Regulation (EU) No 1352/2014 of 18 December 2014 concerning restrictive measures in view of the situation in Yemen
Consolidated text: Council Regulation (EU) No 1352/2014 of 18 December 2014 concerning restrictive measures in view of the situation in Yemen
Council Regulation (EU) No 1352/2014 of 18 December 2014 concerning restrictive measures in view of the situation in Yemen
02014R1352 — EN — 16.02.2023 — 014.001
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COUNCIL REGULATION (EU) No 1352/2014 of 18 December 2014 concerning restrictive measures in view of the situation in Yemen (OJ L 365 19.12.2014, p. 60) |
Amended by:
COUNCIL REGULATION (EU) No 1352/2014
of 18 December 2014
concerning restrictive measures in view of the situation in Yemen
Article 1
For the purposes of this Regulation, the following definitions shall apply:
‘claim’ means any claim, whether asserted by legal proceedings or not, made before or after the date of entry into force of this Regulation, under or in connection with a contract or transaction, and includes in particular:
a claim for performance of any obligation arising under or in connection with a contract or transaction;
a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form;
a claim for compensation in respect of a contract or transaction;
a counterclaim;
a claim for the recognition or enforcement, including by the procedure of exequatur, of a judgment, an arbitration award or an equivalent decision, wherever made or given;
‘contract or transaction’ means any transaction of whatever form and whatever the applicable law, whether comprising one or more contracts or similar obligations made between the same or different parties; for this purpose ‘contract’ includes a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, and credit, whether legally independent or not, as well as any related provision arising under, or in connection with, the transaction;
‘competent authorities’ refers to the competent authorities of the Member States as identified on the websites listed in Annex II;
‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds, but may be used to obtain funds, goods or services;
‘freezing of economic resources’ means preventing the use of economic resources to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them;
‘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;
‘funds’ means financial assets and benefits of every kind, including, but not limited to:
cash, cheques, claims on money, drafts, money orders and other payment instruments;
deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;
publicly- and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;
interest, dividends or other income on or value accruing from or generated by assets;
credit, right of set-off, guarantees, performance bonds or other financial commitments;
letters of credit, bills of lading, bills of sale; and
documents showing evidence of an interest in funds or financial resources;
‘Sanctions Committee’ means the Committee of the United Nations Security Council established pursuant to paragraph 19 of UNSCR 2140 (2014);
‘territory of the Union’ means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty, including their airspace;
‘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, including verbal forms of assistance.
Article 1a
It shall be prohibited to:
provide 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 therefor, directly or indirectly to any natural or legal person, entity or body, as listed in Annex I;
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, directly or indirectly to any natural or legal person, entity or body, as listed in Annex I.
Article 2
Paragraphs 1 and 2 shall not apply to the making available of funds or economic resources 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
appropriate other actors as determined by the Sanctions Committee.
Article 3
Annex I shall include natural or legal persons, entities and bodies identified by the Sanctions Committee as engaging in or providing support for acts that threaten the peace, security or stability of Yemen, including but not limited to:
acts obstructing or undermining the successful completion of the political transition, as outlined in the Gulf Cooperation Council Initiative and Implementation Mechanism Agreement;
acts impeding the implementation of the outcomes of the final report of the Comprehensive National Dialogue Conference through violence, or attacks on essential infrastructure;
planning, directing or committing acts that violate applicable international human rights law or international humanitarian law, or acts that constitute human rights abuses, in Yemen, including sexual violence in armed conflict, or the recruitment or use of children in armed conflict in violation of international law;
acts violating the arms embargo imposed by Article 1 of Decision 2014/932/CFSP or obstructing the delivery of humanitarian assistance to Yemen or access to, or distribution of, humanitarian assistance in Yemen.
Article 3a
By way of derogation from Articles 1a and 2, the competent authorities of the Member States may, under such conditions as they deem appropriate, and provided that the Sanctions Committee has determined on a case-by-case basis that a derogation is necessary to facilitate the work of the United Nations and other humanitarian organisations in Yemen or for any other purpose consistent with the objectives of UNSCR 2140 (2014) and UNSCR 2216 (2015), authorise:
the provision of technical assistance, financing or financial assistance related to the activities described in Article 1a;
the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources.
Article 4
By way of derogation from Article 2, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, provided that the following conditions are met:
the competent authority concerned has determined that the funds or economic resources are:
necessary to satisfy the basic needs of natural or legal persons, entities or bodies listed in Annex I, and dependent family members of such natural persons, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
intended exclusively for payment of reasonable professional fees or reimbursement of incurred expenses associated with the provision of legal services; or
intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; and
the Member State concerned has notified the Sanctions Committee of the determination referred to in point (a) and its intention to grant an authorisation, and the Sanctions Committee has not objected to that course of action within five working days of notification.
Article 5
By way of derogation from Article 2, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, provided that the competent authority concerned has determined that the funds or economic resources are necessary for extraordinary expenses, and provided that the Member State concerned has notified the Sanctions Committee of that determination and the Sanctions Committee has approved that determination.
Article 6
By way of derogation from Article 2, the competent authorities in the Member States may authorise the release of certain frozen funds or economic resources, if the following conditions are met:
the funds or economic resources in question are the subject of a judicial, administrative or arbitral lien established prior to the date on which the person, entity or body referred to in Article 2 was included in Annex I, or of a judicial, administrative or arbitral judgment delivered prior to that date;
the funds or economic resources in question 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 person, entity or body listed in Annex I;
recognising the lien or judgment is not contrary to public policy in the Member State concerned; and
the Sanctions Committee has been notified by the Member State concerned of the lien or judgment.
Article 7
By way of derogation from Article 2 and provided that a payment by a natural or legal person, entity or body listed in Annex I is due under a contract or agreement that was concluded by, or an obligation that arose for the natural or legal person, entity or body concerned, before the date on which that natural or legal person, entity or body had been designated by the UN Security Council or the Sanctions Committee, the competent authorities of the Member States may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources, provided that the competent authority concerned has determined that:
the funds or economic resources shall be used for a payment by a natural or legal person, entity or body listed in Annex I;
the payment is not in breach of Article 2(2); and
the Sanctions Committee has been notified by the relevant Member State of the intention to grant an authorisation 10 working days in advance.
Article 8
Article 2(2) shall not apply to the addition to frozen accounts of:
interest or other earnings on those accounts;
payments due under contracts, agreements or obligations that were concluded or arose before the date on which the natural or legal person, entity or body referred to in Article 2 has been included in Annex I; or
payments due under a judicial, administrative or arbitral lien or judgment, as referred to in Article 6;
provided that any such interest, other earnings and payments are frozen in accordance with Article 2(1).
Article 9
Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, natural and legal persons, entities and bodies shall:
supply immediately any information which would facilitate compliance with this Regulation, such as information on accounts and amounts frozen in accordance with Article 2, to the competent authority of the Member State where they are resident or located, and shall transmit such information, directly or through the Member State, to the Commission; and
cooperate with the competent authority in any verification of this information.
Article 10
It shall be prohibited to participate, knowingly and intentionally, in activities where the object or effect is to circumvent the measures referred to in Article 2(1) and 2(2).
Article 11
Article 12
No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Regulation, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, notably a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:
designated natural or legal persons, entities or bodies listed in Annex I;
any natural or legal person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in point (a).
Article 13
The Commission and Member States shall inform each other of the measures taken under this Regulation and share any other relevant information at their disposal in connection with this Regulation, in particular information:
in respect of funds frozen under Article 2 and authorisations granted under Articles 3a, 4, 5, 6 and 7;
in respect of violation and enforcement problems and judgments handed down by national courts.
Article 14
The Commission shall be empowered to amend Annex II on the basis of information supplied by Member States.
Article 15
Article 16
Article 17
Article 18
This Regulation shall apply:
within the territory of the Union, including its airspace;
on board of any aircraft or any vessel under the jurisdiction of a Member State;
to any person inside or outside the territory of the Union who is a national of a Member State;
to any legal person, entity or body, inside or outside the territory of the Union, which is incorporated or constituted under the law of a Member State;
to any legal person, entity or body in respect of any business done in whole or in part within the Union.
Article 19
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
LIST OF PERSONS, ENTITIES AND BODIES REFERRED TO IN ARTICLES 1A AND 2
A. PERSONS
Abdullah Yahya Al Hakim (aliases: (a) Abu Ali al Hakim; (b) Abu-Ali al-Hakim; (c) Abdallah al-Hakim; (d) Abu Ali Alhakim; (e) Abdallah al-Mu'ayyad).
Original script:
Designation: Huthi group second-in-command. Address: Dahyan, Sa'dah Governorate, Yemen. Date of Birth: a) Approximately 1985; b) Between 1984 and 1986. Place of Birth: a) Dahyan, Yemen; b) Sa'dah Governorate, Yemen. Nationality: Yemen. Other information: Gender: male. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5837273. Date of UN designation: 7.11.2014 (amended on 20.11.2014).
Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
Abdullah Yahya al Hakim was designated for sanctions on 7 November 2014 pursuant to paragraphs 11 and 15 of UNSCR 2140 (2014), as meeting the designation criteria set out in paragraphs 17 and 18 of the Resolution.
Abdullah Yahya al Hakim has engaged in acts that threaten the peace, security, or stability of Yemen, such as acts that obstruct the implementation of the agreement of 23 November 2011, between the Government of Yemen and those in opposition to it, which provides for a peaceful transition of power in Yemen, and that obstruct the political process in Yemen.
In June 2014, Abdullah Yahya al Hakim reportedly held a meeting in order to plot a coup against Yemeni President Abdrabuh Mansour Hadi. Al Hakim met with military and security commanders, and tribal chieftains; leading partisan figures loyal to former Yemeni President Ali Abdullah Saleh also attended the meeting, which aimed to coordinate military efforts to take over Sana'a, Yemen's capital.
In a 29 August 2014 public statement, the President of the United Nations Security Council stated that the Council condemned the actions of forces commanded by Abdullah Yahya al Hakim who overran Amran, Yemen, including the Yemeni Army Brigade headquarters on 8 July 2014. Al Hakim led the July 2014 violent takeover of the Amran Governorate and was the military commander responsible for making decisions regarding ongoing conflicts in the Amran Governorate and Hamdan, Yemen.
As of early September 2014, Abdullah Yahya al Hakim remained in Sana'a to oversee combat operations in case fighting began. His role was to organise military operations so as to be able to topple the Yemeni government, and he was also responsible for securing and controlling all routes in and out of Sana'a.
Abd Al-Khaliq Al-Houthi (aliases: (a) Abd-al-Khaliq al-Huthi; (b) Abd-al-Khaliq Badr-al-Din al Huthi; (c) 'Abd al-Khaliq Badr al-Din al-Huthi; (d) Abd al-Khaliq al-Huthi; (e) Abu-Yunus).
Original script:
Designation: Huthi military commander. Date of Birth: 1984. Nationality: Yemen. Other information: Gender: Male. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5837297. Date of UN designation: 7.11.2014 (amended on 20.11.2014, 26.8.2016).
Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
Abd al-Khaliq al-Houthi was designated for sanctions on 7 November 2014 pursuant to paragraphs 11 and 15 of UNSCR 2140 (2014), as meeting the designation criteria set out in paragraphs 17 and 18 of the Resolution.
Abd al-Khaliq al-Houthi has engaged in acts that threaten the peace, security, or stability of Yemen, such as acts that obstruct the implementation of the agreement of 23 November 2011 between the Government of Yemen and those in opposition to it, which provides for a peaceful transition of power in Yemen, and acts that obstruct the political process in Yemen.
In late October 2013, Abd al-Khaliq al-Houthi led a group of fighters dressed in Yemeni military uniforms in an attack on locations in Dimaj, Yemen. The ensuing fighting resulted in multiple deaths.
In late September 2014, an unknown number of unidentified fighters allegedly were prepared to attack diplomatic facilities in Sana'a, Yemen, upon receiving orders from Abd al-Khaliq al-Houthi. On 30 August 2014, al-Houthi coordinated to move weapons from Amran to a protest camp in Sana'a.
Ali Abdullah Saleh (alias: Ali Abdallah Salih).
Original script:
Designation: a) President of Yemen's General People's Congress party; b) Former President of the Republic of Yemen. Date of Birth: a) 21.3.1945; b) 21.3.1946; c) 21.3.1942; d) 21.3.1947. Place of Birth: a) Bayt al-Ahmar, Sana'a Governorate, Yemen; b) Sana'a, Yemen; c) Sana'a, Sanhan, Al-Rib' al-Sharqi. Nationality: Yemen. Passport no: 00016161 (Yemen). National identification no: 01010744444. Other information: Gender: Male. Status: reportedly deceased. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5837306. Date of UN designation: 7.11.2014 (amended on 20 Nov. 2014, 23 April 2018).
Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
Ali Abdullah Saleh was designated for sanctions on 7 November 2014 pursuant to paragraphs 11 and 15 of Resolution 2140 (2014), as meeting the designation criteria set out in paragraphs 17 and 18 of the Resolution.
Ali Abdullah Saleh has engaged in acts that threaten the peace, security or stability of Yemen, such as acts that obstruct the implementation of the agreement of 23 November 2011 between the Government of Yemen and those in opposition to it, which provides for a peaceful transition of power in Yemen, and acts that obstruct the political process in Yemen.
Per the 23 November 2011 agreement backed by the Gulf Cooperation Council, Ali Abdullah Saleh stepped down as President of Yemen after more than 30 years.
As of autumn 2012, Ali Abdullah Saleh had reportedly become one of the primary supporters of violent Huthi actions in northern Yemen.
Clashes in the south of Yemen in February 2013 were a result of the combined efforts of Saleh, AQAP and southern secessionist Ali Salim al-Bayd to cause trouble before the 18 March 2013 National Dialogue Conference in Yemen. More recently, as of September 2014, Saleh has been destabilising Yemen by using others to undermine the central government and create enough instability to threaten a coup. According to a September 2014 report by the United Nations Panel of Experts for Yemen, interlocutors alleged that Saleh supports violent actions of some Yemenis by providing them with funds and political support, as well as ensuring that GPC members continue to contribute to the destabilisation of Yemen through various means.
Abdulmalik al-Houthi (alias: Abdulmalik al-Huthi)
Other information: Leader of Yemen's Houthi Movement. Has engaged in acts that threaten the peace, security, or stability of Yemen. Date of UN designation: 14.4.2015 (amended on 26.08.2016).
Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
Abdulmalik al-Houthi was designated for sanctions on 14 April 2015 pursuant to paragraphs 11 and 15 of resolution 2140 (2014) and paragraph 14 of resolution 2216 (2015).
Abdul Malik al-Houthi is a leader of a group that has engaged in acts that threaten the peace, security, or stability of Yemen.
In September 2014, Houthi forces captured Sana'a and in January 2015 they attempted to unilaterally replace the legitimate government of Yemen with an illegitimate governing authority that the Houthis dominated. Al-Houthi assumed the leadership of Yemen's Houthi movement in 2004 after the death of his brother, Hussein Badredden al-Houthi. As leader of the group, al-Houthi has repeatedly threatened Yemeni authorities with further unrest if they do not respond to his demands and detained President Hadi, Prime Minister, and key cabinet members. Hadi subsequently escaped to Aden. The Houthis then launched another offensive towards Aden assisted by military units loyal to former president Saleh and his son, Ahmed Ali Saleh.
Ahmed Ali Abdullah Saleh (alias: Ahmed Ali Abdullah Al-Ahmar)
Title: Former Ambassador, former Brigadier General. Date of birth: 25.7.1972. Nationality: Yemeni. Passport No: a) Yemeni passport number 17979 issued under name Ahmed Ali Abdullah Saleh (referred to in the diplomatic identity number No: 31/2013/20/003140 below) b) Yemeni passport number 02117777 issued on 8.11.2005 under name Ahmed Ali Abdullah Al-Ahmar c) Yemeni passport number 06070777 issued on 3.12.2014 under name Ahmed Ali Abdullah Al-Ahmar. Address: United Arab Emirates. Other information: Has played a key role in facilitating the Houthi military expansion. Has engaged in acts that threaten the peace, security, or stability of Yemen. Ahmed Saleh is the son of the former President of the Republic of Yemen, Ali Abdullah Saleh (YEi.003). Ahmed Ali Abdullah Saleh comes from an area known as Bayt Al-Ahmar, which lies some 20 kilometres southeast of the capital, Sana'a. Diplomatic identity card No: 31/2013/20/003140, issued on 7.7.2013 by the United Arab Emirates' Ministry of Foreign Affairs under name Ahmed Ali Abdullah Saleh; current status: cancelled. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5895854. Date of UN designation: 14.4.2015 (amended on 16.9.2015).
Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
Ahmed Ali Saleh has been working to undermine President Hadi's authority, thwart Hadi's attempts to reform the military, and hinder Yemen's peaceful transition to democracy. Saleh played a key role in facilitating the Houthi military expansion. As of mid-February 2013, Ahmed Ali Saleh had issued thousands of new rifles to Republican Guard brigades and unidentified tribal shaykhs. The weapons were originally procured in 2010 and reserved to purchase the loyalties of the recipients for political gain at a later date.
After Saleh's father, former Republic of Yemen President Ali Abdullah Saleh, stepped down as President of Yemen in 2011, Ahmed Ali Saleh retained his post as commander of Yemen's Republican Guard. A little over a year later, Saleh was dismissed by President Hadi but he retained significant influence within the Yemeni military, even after he was removed from command. Ali Abdullah Saleh was designated by the UN under UNSCR 2140 in November 2014.
Sultan Saleh Aida Aida Zabin
Other information: Director of the Criminal Investigation Department (CID) in Sanaa. Has engaged in acts that threaten the peace, security, and stability of Yemen. Date of UN designation: 25.2.2021.
Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
Sultan Saleh Aida Aida Zabin has engaged in acts that threaten the peace, security and stability of Yemen, including violations of applicable international humanitarian law and human rights abuses in Yemen.
Sultan Saleh Aida Aida Zabin is the director of the Criminal Investigation Department (CID) in Sanaa. He has played a prominent role in a policy of intimidation and use of systematic arrest, detention, torture, sexual violence and rape against politically active women. Zabin as director for CID is directly responsible for, or by virtue of his authority responsible for, and complicit in the use of multiple places of detention including house arrest, police stations, formal prisons and detention centres and undisclosed detention centres. In these sites, women, including at least one minor, were forcibly disappeared, repeatedly interrogated, raped, tortured, denied timely medical treatment and subjected to forced labour. Zabin himself directly inflicted torture in some cases.
Saleh Mesfer Saleh Al Shaer (aliases: (a) Saleh Mosfer Saleh al Shaer; (b) Saleh Musfer Saleh al Shaer; (c)Saleh Mesfer al Shaer; (d) Saleh al Shae; (e) Saleh al Sha’ir; (f) Abu Yasser).
Original script: الشاعر صالح مسفر صالح
Designation: Major General, ‘Judicial Custodian’ of properties and funds owned by Houthis’ opponents. Address: Yemen. Place of Birth: Al Safrah, Sa’dah Governorate, Yemen. Nationality: Yemen. Passport no: a) Yemen number 05274639, issued on 7.10.2013 (Expiration date: 7.10.2019) b) Yemen number 00481779, issued on 9.12.2000 (Expiration date: 9.12.2006) National identification no: a) Yemen 1388114 b) Yemen 10010057512. Other information: As Houthi ‘Assistant Minister of Defence for Logistics’, assisted the Houthis in acquiring smuggled arms and weapons. As ‘Judicial Custodian’ directly involved in the widespread and unlawful appropriation of assets and entities owned by private individuals under arrest by the Houthis or forced to take refuge outside of Yemen. Physical Description: Eye Colour: Brown; Hair: Grey; Complexion: Medium; Build: Slim; Height (ft/in): Unknown; Weight (lbs): Unknown; and Clan: Member of the Hashid tribal confederacy. Photograph available for inclusion in INTERPOL-UNSC Special Notice web link: INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/How-we-work/Notices/View-UN-Notices-Individuals. Date of UN designation: 9.11.2021.
Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
In accordance with Section 5(g) of its Guidelines, the Security Council Committee established pursuant to Resolution 2140 makes accessible a narrative summary of reasons for the listing for individuals, groups, undertakings and entities included in its sanctions list.
Date on which the narrative summary became available on the Committee’s website: 9 November 2021.
Saleh Mesfer Saleh Al Shaer was listed on 9 November 2021 pursuant to paragraphs 11 and 15 of Resolution 2140 (2014) and paragraph 14 of Resolution 2216 (2015), as meeting the designation criteria set out in paragraphs 17 and 18(c) of Resolution 2140 (2014).
Saleh Mesfer Saleh Al Shaer has engaged in acts and provided support for acts that threaten the peace, security and stability of Yemen, including directing acts that violate applicable international humanitarian law in Yemen.
Additional information:
With reference to the UN Panel of Experts’ Statement of Case of 28 August 2019, Saleh Mesfer Saleh Al Shaer has engaged in acts that threaten the peace, security, and stability of Yemen thereby meeting the criteria for designation as laid out in paragraph 17 of Resolution 2140 (2014). Serving as the Houthis’ Assistant Minister of Defence for Logistics, Saleh Mesfer Saleh Al Shaer assisted the Houthis in acquiring smuggled arms and weapons. He is also listed in connection with his direct involvement since early 2018 in the widespread and unlawful appropriation of assets and entities owned by private individuals under arrest by the Houthis or forced to take refuge outside of Yemen, in his capacity as ‘Judicial Custodian’ and in violation of international humanitarian law. Al Shaer has used his authority and a Sana'a based network comprising members of his family, a special criminal court, the national security bureau, the central bank, the registrar services of the Yemeni Ministry of Trade and Industry, and some private banks in order to arbitrarily dispossess selected private individuals and entities of their wealth without any due judicial process or a possibility of redress.
Muhammad Abd Al-Karim Al-Ghamari (aliases: (a) Mohammad Al-Ghamari).
Original script: الغماري محمد عبدالكریم
Designation: Major General, Houthi Chief of General Staff. Address: Yemen. Date of Birth: a) 1979; b) 1984. Place of Birth: Izla Dhaen, Wahha District, Hajjar Governorate, Yemen. Nationality: Yemen. Other information: Houthi Military Chief of General Staff, plays the leading role in orchestrating the Houthis’ military efforts that are directly threatening the peace, security and stability of Yemen, including in Marib, as well as cross-border attacks against Saudi Arabia. Photograph available for inclusion in INTERPOL-UN Security Council Special Notice web link: INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/How-we-work/Notices/View-UN-Notices-Individuals. Date of UN designation: 9.11.2021
Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
In accordance with Section 5(g) of its Guidelines, the Security Council Committee established pursuant to Resolution 2140 makes accessible a narrative summary of reasons for the listing for individuals, groups, undertakings and entities included in its sanctions list.
Date on which the narrative summary became available on the Committee’s website: 9 November 2021
Muhammad Abd Al-Karim Al-Ghamari was listed on 9 November 2021 pursuant to paragraphs 11 and 15 of Resolution 2140 (2014) and paragraph 14 of Resolution 2216 (2015), as meeting the designation criteria set out in paragraph 17 of Resolution 2140 (2014).
Muhammad Abd Al-Karim Al-Ghamari has engaged in acts and provided support for acts that threaten the peace, security and stability of Yemen.
Additional information:
Al-Ghamari is listed for his involvement in and leadership of Houthi military campaigns that threaten the peace, security, and stability of Yemen thereby meeting the criteria for designation as laid out in paragraph 17 of Resolution 2140 (2014). Al-Ghamari, as Houthi Military Chief of General Staff, plays the leading role in orchestrating the Houthis’ military efforts that are directly threatening the peace, security and stability of Yemen, as well as cross-border attacks against Saudi Arabia. He most recently took charge of the large-scale Houthi offensive against Yemeni government-held territory in Marib governorate. The Marib offensive is exacerbating Yemen’s humanitarian crisis, as it puts approximately one million vulnerable internally displaced people at risk of being displaced yet again, lead to the deaths of civilians, and is triggering broader escalation of the conflict.
Yusuf Al-Madani
Original script: یوسف المداني
Title: Major General. Designation: Commander of the Houthi’s Fifth Military Region. Address: Yemen. Date of Birth: 1977. Place of Birth: Muhatta Directorate, Hajjah Province, Yemen. Nationality: Yemen. Other information: A prominent leader of Houthi forces and commander of forces in Hudaydah, Hajjah, Al Mahwit, and Raymah, Yemen – threatening the peace, security, and stability of Yemen. As of 2021, Al-Madani was assigned to the offensive targeting Marib. Photograph available for inclusion in INTERPOL-UN Security Council Special Notice web link: INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/How-we-work/Notices/View-UN-Notices-Individuals. Date of UN designation: 9.11.2021.
Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
In accordance with Section 5(g) of its Guidelines, the Security Council Committee established pursuant to Resolution 2140 makes accessible a narrative summary of reasons for the listing for individuals, groups, undertakings and entities included in its sanctions list.
Date on which the narrative summary became available on the Committee’s website: 9 November 2021
Yusuf Al-Madani was listed on 9 November 2021 pursuant to paragraphs 11 and 15 of Resolution 2140 (2014) and paragraph 14 of Resolution 2216 (2015), as meeting the designation criteria set out in paragraph 17 of Resolution 2140 (2014).
Yusuf Al-Madani has engaged in acts and provided support for acts that threaten the peace, security and stability of Yemen.
Additional information:
Al-Madani is listed for his involvement in and leadership of Houthi military campaigns that threaten the peace, security, and stability of Yemen thereby meeting the criteria for designation as laid out in paragraph 17 of Resolution 2140 (2014). Al-Madani is a prominent leader of Houthi forces and is the commander of forces in Hudaydah, Hajjah, Al Mahwit, and Raymah, Yemen. As of 2021, Al-Madani was assigned to the offensive targeting Marib. Persistent Houthi repositioning and other violations of the ceasefire provisions of the Hudaydah Agreement have destabilised a city that serves as a critical thoroughfare for humanitarian and essential commercial commodities. Additionally, there are regular reports of Houthi attacks impacting civilians and civilian infrastructure in and around Hudaydah, further exacerbating the situation for Yemenis facing some of the highest levels of humanitarian need in the country.
Mansur Al-Sa’adi
Original script: منصور السعادي
Designation: Major General, Houthi Commander of Yemen’s Naval and Coastal Defense Forces DOB: 1988 POB: Yemen Good quality a.k.a.: n/a Low quality a.k.a.: a) Mansoor Ahmed Al Saadi b) Mansur Ahmad al-Sa’adi c) Abu Sajjad Nationality: Yemen Passport no: n/a National identification no: n/a Address: Yemen Listed on: 26 Sep. 2022 Other information: Houthi Naval Forces Chief of Staff, who has masterminded lethal attacks against international shipping in the Red Sea, plays a leading role in Houthi naval efforts that directly threaten the peace, security, and stability of Yemen. Physical Description: Eye Color: Brown; Hair: Brown. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/How-we-work/Notices/View-UN-Notices-Individual
Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
In accordance with section 5(h) of its Guidelines, the Security Council Committee established pursuant to resolution 2140 makes accessible a narrative summary of reasons for the listing for individuals, groups, undertakings and entities included in its sanctions list.
Date on which the narrative summary became available on the Committee’s website: 26 September 2022
Mansur Al-Sa’adi was listed on 26 September 2022 pursuant to paragraphs 11 and 15 of resolution 2140 (2014), as meeting the designation criteria set out in paragraph 17 of resolution 2140 (2014), including as elaborated by paragraph 19 of resolution 2216 (2015).
Mansur Al-Sa’adi has engaged in acts and provided support for acts that threaten the peace, security and stability of Yemen, including violations of the targeted arms embargo.
Additional information:
Al-Sa’adi is listed for his involvement in and leadership of Houthi naval campaigns that threaten the peace, security, and stability of Yemen, thereby meeting the criteria for designation as laid out in Paragraph 17 of Resolution 2140 (2014). Serving as the Houthi Naval Forces Chief of Staff, Al-Sa’adi masterminded lethal attacks against international shipping vessels in the Red Sea. The Houthi Naval Forces have repeatedly dispersed naval mines, which as highlighted by international human rights organizations, pose a risk to commercial, fishing, and humanitarian aid vessels. Al-Sa’adi has also helped smuggle weapons to Houthis in Yemen in violation of the targeted arms embargo as laid out in paragraph 14 of Resolution 2216 (2015).
Verification of active military role:
(‘Mansour Al-Saadi and Ahmed Al-Hamzi, two mysterious characters in the Houthi air force and navy, played a pivotal role in the war in Yemen, extending its influence to threatening Saudi lands and security of the Red Sea.’)
Motlaq Amer Al-Marrani
Original script: مطلق عامر المراني
Designation: (Former) Deputy Head of the Houthi National Security Bureau (NSB) (intelligence agency) DOB: 1 Jan 1984 POB: Al-Jawf, Yemen Good quality a.k.a.: a) Mutlaq Ali Aamer Al Marrani b) Abu Emad Low quality a.k.a.: n/a Nationality: Yemen Passport no: n/a National identification no: n/a Address: Yemen Listed on: 26 Sep. 2022 Other information: Former Deputy Head of the Houthi National Security Bureau (NSB), oversaw detainees of the NSB who were subjected to torture and other mistreatment while detained, planned and directed illegal arrests and detention of humanitarian workers and the unlawful diversion of humanitarian assistance in violation of international humanitarian law. Physical Description: Eye Color: Brown; Hair: Brown. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/How-we-work/Notices/View-UN-Notices-Individual
Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
In accordance with section 5(h) of its Guidelines, the Security Council Committee established pursuant to resolution 2140 makes accessible a narrative summary of reasons for the listing for individuals, groups, undertakings and entities included in its sanctions list.
Date on which the narrative summary became available on the Committee’s website: 26 September 2022.
Motlaq Amer Al-Marrani was listed on 26 September 2022 pursuant to paragraphs 11 and 15 of resolution 2140 (2014), as meeting the designation criteria set out in paragraph 17 of resolution 2140 (2014), including as elaborated by paragraph 19 of resolution 2216 (2015), as well as paragraph 18(c) of resolution 2140.
Motlaq Amer Al-Marrani has engaged in acts that threaten the peace, security and stability of Yemen, including violations of applicable international humanitarian law and human rights abuses and obstructing access to humanitarian assistance in Yemen.
Additional information:
Al-Marrani is listed for orchestrating unlawful acts of torture and detention that threaten the peace, security, and stability of Yemen, including acts that violate applicable international humanitarian law and that resulted in the obstruction of access to humanitarian assistance in Yemen, thereby meeting the criteria for designation as laid out in Paragraph 17 of resolution 2140 (2014), as further elaborated by paragraph 19 of resolution 2216 (2015), as well as paragraph 18(c) of resolution 2140.
As Deputy Head of the Houthi National Security Bureau (NSB), Al-Marrani directed the arrest, detention, and ill treatment of humanitarian workers and others working in humanitarian assistance and was also found to have abused his authority and influence over humanitarian access as leverage to generate personal profit. The Panel of Experts on Yemen documented these activities in its 2018 Final Report (see S/2018/594, paragraph 193).
As further documented by the Panel of Experts on Yemen, Al-Marrani oversaw detainees of the NSB, who were reportedly subjected to torture and other mistreatment during their detention. He also orchestrated the extortion, intimidation, and the illegal arrest of company managers and bank directors, with threats of accusing them of collaboration and spying for the enemy unless they complied with judicial custodian orders.
Verification of role in human rights abuses:
Ahmad Al-Hamzi
Original script: أحمد الحمزي
Designation: Major General, Commander of the Houthi Air Force and Air Defense Forces DOB: 1985 POB: Sana’a, Yemen Good quality a.k.a.: n/a Low quality a.k.a.: a) Ahmad 'Ali al-Hamzi b) Ahmad 'Ali Ahsan al-Hamzi c) Ahmed Ali al-Hamzi d) Muti al-Hamzi Nationality: Yemen Passport no: n/a National identification no: n/a Address: Yemen Listed on: 4 Oct. 2022 Other information: Ahmad al-Hamzi, the commander of the Houthi Air Force and Air Defense Forces, as well as its UAV program, plays a leading role in Houthi military efforts that directly threaten the peace, security, and stability of Yemen. Physical Description: Eye Color: Brown; Hair: Brown. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/How-we-work/Notices/View-UN-Notices-Individuals
Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
In accordance with section 5(h) of its Guidelines, the Security Council Committee established pursuant to resolution 2140 makes accessible a narrative summary of reasons for the listing for individuals, groups, undertakings, and entities included in its sanctions list.
Date on which the narrative summary became available on the Committee’s website: 4 October 2022.
Ahmad Al-Hamzi was listed on 4 October 2022 pursuant to paragraphs 11 and 15 of resolution 2140 (2014), as meeting the designation criteria set out in paragraph 17 of resolution 2140 (2014), including as further elaborated by paragraph 19 of resolution 2216 (2015).
Ahmad Al-Hamzi has engaged in acts and provided support for acts that threaten the peace, security and stability of Yemen, including violations of the targeted arms embargo.
Additional information:
Serving as Commander of the Houthi Air Force and Air Defense Forces, as well as its UAV program, al-Hamzi acquired weapons for use in the Yemen civil war in violation of the targeted arms embargo as laid out in paragraph 14 of Resolution 2216 (2015). Houthi military forces under Major General Al-Hamzi’s command carried out targeted UAV strikes. Al-Hamzi is responsible for orchestrating attacks by Houthi forces impacting Yemeni civilians, bordering nations, and commercial vessels in international waters.
Verification of active military role:
B. ENTITIES
1. THE HOUTHIS ( 1 ) (aliases: (a) ANSARALLAH; (b) ANSAR ALLAH; (c) PARTISANS OF GOD; (d) SUPPORTERS OF GOD).
Information: The Houthis have engaged in acts that threaten the peace, security, and stability of Yemen.
Date of UN designation: 24.2.2022.
Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
The Houthis have engaged in attacks striking civilians and civilian infrastructure in Yemen, implemented a policy of sexual violence and repression against politically active and professional women, engaged in the recruitment and use of children, incited violence against groups including on the basis of religion and nationality, and indiscriminately used landmines and improvised explosive devices on the West Coast of Yemen. The Houthis have also obstructed the delivery of humanitarian assistance to Yemen, or access to, or distribution of, humanitarian assistance in Yemen.
The Houthis have conducted attacks on commercial shipping in the Red Sea using waterborne improvised explosive devices and sea mines.
The Houthis have also perpetrated repeated cross-border terrorist attacks striking civilians and civilian infrastructure in the Kingdom of Saudi Arabia and the United Arab Emirates and threatened to intentionally target civilian sites.
ANNEX II
WEBSITES FOR INFORMATION ON THE COMPETENT AUTHORITIES AND ADDRESS FOR NOTIFICATION TO THE EUROPEAN COMMISSION
BELGIUM
https://diplomatie.belgium.be/en/policy/policy_areas/peace_and_security/sanctions
BULGARIA
https://www.mfa.bg/en/EU-sanctions
CZECHIA
www.financnianalytickyurad.cz/mezinarodni-sankce.html
DENMARK
http://um.dk/da/Udenrigspolitik/folkeretten/sanktioner/
GERMANY
https://www.bmwi.de/Redaktion/DE/Artikel/Aussenwirtschaft/embargos-aussenwirtschaftsrecht.html
ESTONIA
https://vm.ee/et/rahvusvahelised-sanktsioonid
IRELAND
https://www.dfa.ie/our-role-policies/ireland-in-the-eu/eu-restrictive-measures/
GREECE
http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html
SPAIN
https://www.exteriores.gob.es/es/PoliticaExterior/Paginas/SancionesInternacionales.aspx
FRANCE
http://www.diplomatie.gouv.fr/fr/autorites-sanctions/
CROATIA
https://mvep.gov.hr/vanjska-politika/medjunarodne-mjere-ogranicavanja/22955
ITALY
https://www.esteri.it/it/politica-estera-e-cooperazione-allo-sviluppo/politica_europea/misure_deroghe/
CYPRUS
https://mfa.gov.cy/themes/
LATVIA
http://www.mfa.gov.lv/en/security/4539
LITHUANIA
http://www.urm.lt/sanctions
LUXEMBOURG
https://maee.gouvernement.lu/fr/directions-du-ministere/affaires-europeennes/organisations-economiques-int/mesures-restrictives.html
HUNGARY
https://kormany.hu/kulgazdasagi-es-kulugyminiszterium/ensz-eu-szankcios-tajekoztato
MALTA
https://foreignandeu.gov.mt/en/Government/SMB/Pages/SMB-Home.aspx
NETHERLANDS
https://www.rijksoverheid.nl/onderwerpen/internationale-sancties
AUSTRIA
https://www.bmeia.gv.at/themen/aussenpolitik/europa/eu-sanktionen-nationale-behoerden/
POLAND
https://www.gov.pl/web/dyplomacja/sankcje-miedzynarodowe
https://www.gov.pl/web/diplomacy/international-sanctions
PORTUGAL
https://www.portaldiplomatico.mne.gov.pt/politica-externa/medidas-restritivas
ROMANIA
http://www.mae.ro/node/1548
SLOVENIA
http://www.mzz.gov.si/si/omejevalni_ukrepi
SLOVAKIA
https://www.mzv.sk/europske_zalezitosti/europske_politiky-sankcie_eu
FINLAND
https://um.fi/pakotteet
SWEDEN
https://www.regeringen.se/sanktioner
Address for notifications to the European Commission:
European Commission
Directorate-General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA)
Rue de Spa 2
B-1049 Brussels, Belgium
E-mail: relex-sanctions@ec.europa.eu
( 1 ) Article 2 shall not apply to this entity.