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Document 02015R1755-20201031
Council Regulation (EU) 2015/1755 of 1 October 2015 concerning restrictive measures in view of the situation in Burundi
Consolidated text: Council Regulation (EU) 2015/1755 of 1 October 2015 concerning restrictive measures in view of the situation in Burundi
Council Regulation (EU) 2015/1755 of 1 October 2015 concerning restrictive measures in view of the situation in Burundi
02015R1755 — EN — 31.10.2020 — 004.001
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COUNCIL REGULATION (EU) 2015/1755 of 1 October 2015 concerning restrictive measures in view of the situation in Burundi (OJ L 257 2.10.2015, p. 1) |
Amended by:
|
|
Official Journal |
||
No |
page |
date |
||
COUNCIL IMPLEMENTING REGULATION (EU) 2018/1605 of 25 October 2018 |
L 268 |
18 |
26.10.2018 |
|
COMMISSION IMPLEMENTING REGULATION (EU) 2019/1163 of 5 July 2019 |
L 182 |
33 |
8.7.2019 |
|
L 272 |
1 |
25.10.2019 |
||
COUNCIL IMPLEMENTING REGULATION (EU) 2019/1779 of 24 October 2019 |
L 272 |
5 |
25.10.2019 |
|
COUNCIL IMPLEMENTING REGULATION (EU) 2020/1578 of 29 October 2020 |
L 362 |
1 |
30.10.2020 |
Corrected by:
COUNCIL REGULATION (EU) 2015/1755
of 1 October 2015
concerning restrictive measures in view of the situation in Burundi
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;
‘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.
Article 2
Annex I shall include natural or legal persons, entities and bodies which, in accordance with Article 2(1) of Council Decision (CFSP) 2015/1763, have been identified by the Council as:
undermining democracy or obstructing the search for a political solution in Burundi, including by acts of violence, repression or inciting violence;
being involved in planning, directing, or committing acts that violate international human rights law or international humanitarian law, as applicable, or that constitute serious human rights abuses, in Burundi; and
associated with the persons, entities or bodies referred to in points (a) and (b).
Article 3
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, after having determined that the funds or economic resources concerned are:
necessary to satisfy the basic needs of natural or legal persons 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;
intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; or
necessary for extraordinary expenses, provided that the relevant 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 authorisation.
Article 4
By way of derogation from Article 2(1), the competent authorities of 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 are subject to an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in Article 2 was listed in Annex I, 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;
the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;
the decision is not for the benefit of a natural or legal person, entity or body listed in Annex I; and
recognising the decision is not contrary to public policy in the Member State concerned.
Article 5
By way of derogation from Article 2(1) 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 was included in Annex I, 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 will be used for a payment by a natural or legal person, entity or body listed in Annex I; and
the payment is not in breach of Article 2(2).
Article 6
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 was included in Annex I; or
payments due under judicial, administrative or arbitral decisions rendered in a Member State or enforceable in the Member State concerned;
provided that any such interest, other earnings and payments are frozen in accordance with Article 2(1).
Article 7
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 8
It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the measures referred to in Article 2.
Article 9
Article 10
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 11
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 3, 4 and 5;
in respect of violation and enforcement problems and judgments handed down by national courts.
Article 12
The Commission shall be empowered to amend Annex II on the basis of information supplied by Member States.
Article 13
Article 14
Article 15
Article 15a
The Council, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) may process personal data in order to carry out their tasks under this Regulation. These tasks include:
as regards the Council, preparing and making amendments to Annex I;
as regards the High Representative, preparing amendments to Annex I;
as regards the Commission:
adding the contents of Annex I to the electronic consolidated list of persons, groups and entities subject to Union financial restrictive measures and in the interactive sanctions map, both publicly available;
processing information on the impact of measures taken under this Regulation, such as the value of frozen funds and information on authorisations granted by the competent authorities.
Article 16
Article 17
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 natural 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 18
This Regulation shall enter into force on the date 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 natural and legal persons, entities and bodies referred to in Article 2
|
Name |
Identifying information |
Grounds for designation |
1. |
Godefroid BIZIMANA |
Gender: Male DOB: 23.4.1968 POB: Nyagaseke, Mabayi, Cibitoke Burundian nationality. Passport number: DP0001520 |
‘Chargé de missions de la Présidence’ and former Deputy Director-General of the National Police. On 31 December 2019, Mr Bizimana was promoted to the rank of Chief Police Commissioner. Responsible for undermining democracy by making operational decisions that have led to a disproportionate use of force and acts of violent repression towards peaceful demonstrations that started on 26 April 2015 following the announcement of the presidential candidacy of President Nkurunziza. |
2. |
Gervais NDIRAKOBUCA alias NDAKUGARIKA |
Gender: Male DOB: 1.8.1970 Burundian nationality. Passport number: DP0000761 |
Minister of the Interior, Community Development and Public Security as of June 2020. Former head of Cabinet of the Presidential Administration (Présidence) responsible for matters relating to the National Police between May 2013 and November 2019, and former Director-General of the National Intelligence Service between November 2019 and June 2020. Responsible for obstructing the search for a political solution in Burundi by issuing instructions that led to a disproportionate use of force, acts of violence, acts of repression and violations of international human rights law against protestors demonstrating from 26 April 2015 onwards, following the announcement of the presidential candidacy of President Nkurunziza, including on 26, 27 and 28 April 2015 in the Nyakabiga and Musaga districts of Bujumbura. |
3. |
►C1 Mathias-Joseph NIYONZIMA ◄ alias KAZUNGU |
DOB: 6.3.1956; 2.1.1967 POB: Kanyosha Commune, Mubimbi, Bujumbura-Rural Province, Burundi Registration number (SNR): O/00064 Burundian nationality. Passport number: OP0053090 |
Officer of the National Intelligence Service. Responsible for obstructing the search for a political solution in Burundi by inciting violence and acts of repression during the demonstrations that started on 26 April 2015 following the announcement of the presidential candidacy of President Nkurunziza. Responsible for helping to train, coordinate and arm the Imbonerakure paramilitary militias, including outside Burundi, who are responsible for acts of violence, repression and serious human rights abuses in Burundi. |
4. |
Léonard NGENDAKUMANA |
DOB: 24.11.1968 Burundian nationality. Passport number: DP0000885 |
Former ‘Chargé de Missions de la Présidence’ and former army general. Responsible for obstructing the search for a political solution in Burundi by participating in the attempted coup d'état of 13 May 2015 to overthrow the Burundi Government. Responsible for acts of violence — grenade attacks — committed in Burundi, as well as for incitement to violence. General Léonard Ngendakumana publicly supported violence as a means to achieve political goals. |
ANNEX II
Websites for information on the competent authorities and address for notification to the European Commission
BELGIUM
https://diplomatie.belgium.be/nl/Beleid/beleidsthemas/vrede_en_veiligheid/sancties
https://diplomatie.belgium.be/fr/politique/themes_politiques/paix_et_securite/sanctions
https://diplomatie.belgium.be/en/policy/policy_areas/peace_and_security/sanctions
BULGARIA
https://www.mfa.bg/en/101
CZECH REPUBLIC
www.financnianalytickyurad.cz/mezinarodni-sankce.html
DENMARK
http://um.dk/da/Udenrigspolitik/folkeretten/sanktioner/
GERMANY
http://www.bmwi.de/DE/Themen/Aussenwirtschaft/aussenwirtschaftsrecht,did=404888.html
ESTONIA
http://www.vm.ee/est/kat_622/
IRELAND
http://www.dfa.ie/home/index.aspx?id=28519
GREECE
http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html
SPAIN
http://www.exteriores.gob.es/Portal/en/PoliticaExteriorCooperacion/GlobalizacionOportunidadesRiesgos/Paginas/SancionesInternacionales.aspx
FRANCE
http://www.diplomatie.gouv.fr/fr/autorites-sanctions/
CROATIA
http://www.mvep.hr/sankcije
ITALY
https://www.esteri.it/mae/it/politica_estera/politica_europea/misure_deroghe
CYPRUS
http://www.mfa.gov.cy/mfa/mfa2016.nsf/mfa35_en/mfa35_en?OpenDocument
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/mesures-restrictives.html
HUNGARY
http://www.kormany.hu/download/9/2a/f0000/EU%20szankci%C3%B3s%20t%C3%A1j%C3%A9koztat%C3%B3_20170214_final.pdf
MALTA
https://foreignaffairs.gov.mt/en/Government/SMB/Pages/Sanctions-Monitoring-Board.aspx
NETHERLANDS
https://www.rijksoverheid.nl/onderwerpen/internationale-sancties
AUSTRIA
http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=
POLAND
https://www.gov.pl/web/dyplomacja
PORTUGAL
http://www.portugal.gov.pt/pt/ministerios/mne/quero-saber-mais/sobre-o-ministerio/medidas-restritivas/medidas-restritivas.aspx
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
http://formin.finland.fi/kvyhteistyo/pakotteet
SWEDEN
http://www.ud.se/sanktioner
UNITED KINGDOM
https://www.gov.uk/sanctions-embargoes-and-restrictions
Address for notifications to the European Commission:
European Commission
Service for Foreign Policy Instruments (FPI)
EEAS 07/99
B-1049 Brussels, Belgium
E-mail: relex-sanctions@ec.europa.eu