EUR-Lex Access to European Union law
This document is an excerpt from the EUR-Lex website
Document 02024D0385-20240119
Council Decision (CFSP) 2024/385 of 19 January 2024 establishing restrictive measures against those who support, facilitate or enable violent actions by Hamas and the Palestinian Islamic Jihad
Consolidated text: Council Decision (CFSP) 2024/385 of 19 January 2024 establishing restrictive measures against those who support, facilitate or enable violent actions by Hamas and the Palestinian Islamic Jihad
Council Decision (CFSP) 2024/385 of 19 January 2024 establishing restrictive measures against those who support, facilitate or enable violent actions by Hamas and the Palestinian Islamic Jihad
02024D0385 — EN — 19.01.2024 — 000.001
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
COUNCIL DECISION (CFSP) 2024/385 of 19 January 2024 (OJ L 385 19.1.2024, p. 1) |
Corrected by:
Corrigendum, OJ L 90091, 8.2.2024, p. 1 ((CFSP) 2024/3852024/385) |
COUNCIL DECISION (CFSP) 2024/385
of 19 January 2024
establishing restrictive measures against those who support, facilitate or enable violent actions by Hamas and the Palestinian Islamic Jihad
Article 1
Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of natural persons:
supporting, materially or financially, Hamas, the Palestinian Islamic Jihad (‘PIJ’), any other affiliated group or any cell, affiliate, splinter group or derivative thereof;
participating in the financing of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof, or in the financing of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of them;
participating in the planning, preparation or enabling of violent actions by, in conjunction with, under the name of, on behalf of, or in support of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof;
supplying, selling or transferring arms and related materiel to Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof;
supporting, materially or financially, or implementing actions which undermine or threaten the stability or security of Israel, in conjunction with, under the name of, on behalf of, or in support of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof;
being involved or complicit in ordering or committing serious violations of international humanitarian law or human rights law on behalf or in the name of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivate thereof;
inciting or publicly provoking acts of serious violence by, in conjunction with, under the name of, on behalf of, or in support of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof;
providing support to natural or legal persons, groups, entities or bodies engaged in activities referred to in points (a) to (g);
as listed in the Annex.
Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:
as a host country of an international intergovernmental organisation;
as a host country to an international conference convened by, or under the auspices of, the United Nations;
under a multilateral agreement conferring privileges and immunities; or
pursuant to the 1929 Treaty of Conciliation (Lateran Pact) concluded by the Holy See (Vatican City State) and Italy.
Article 2
All funds, other financial assets and economic resources owned or controlled, directly or indirectly, by natural or legal persons, groups, entities and bodies:
supporting, materially or financially, Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof;
participating in the financing of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof, or in the financing of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of them;
participating in the planning, preparation or enabling of violent actions by, in conjunction with, under the name of, on behalf of, or in support of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof;
supplying, selling or transferring arms and related materiel to Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof;
supporting, materially or financially, or implementing actions which undermine or threaten the stability or security of Israel, in conjunction with, under the name of, on behalf of, or in support of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof;
being involved or complicit in ordering or committing serious violations of international humanitarian law or human rights law on behalf or in the name of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivate thereof;
inciting or publicly provoking acts of serious violence by, in conjunction with, under the name of, on behalf of, or in support of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof;
providing support to natural or legal persons, groups, entities or bodies engaged in activities referred to in points (a) to (g);
as listed in the Annex, shall be frozen.
By way of derogation from paragraphs 1 and 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 the persons listed in the Annex and their dependent family members, including payments for foodstuffs, rent or mortgages, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;
intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources;
necessary for extraordinary expenses, provided that the competent authority concerned 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; or
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, insofar as such payments are intended to be used for official purposes of the diplomatic or consular mission or international organisation.
The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph within two weeks of such authorisation.
By way of derogation from paragraph 1, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources, provided that the following conditions are met:
the funds or economic resources are subject of an arbitral decision rendered prior to the date on which the natural or legal person, group, entity or body referred to in paragraph 1 was listed in the Annex, of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to, on or after that date;
the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;
the decision is not for the benefit of a natural or legal person, group, entity or body listed in the Annex; and
recognising the decision is not contrary to public policy in the Member State concerned.
The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under this paragraph within two weeks of such authorisation.
Paragraph 2 shall not apply to the addition to frozen accounts of:
interest or other earnings on those accounts, provided that such interest or other earnings remain subject to the measures provided for in paragraph 1;
payments due under contracts, agreements or obligations that were concluded or that arose prior to the date on which those accounts became subject to the measures provided for in paragraphs 1 and 2, provided that such payments remain subject to the measures provided for in paragraph 1; or
payments due under judicial, administrative or arbitral decisions rendered in the Union or enforceable in the Member State concerned, provided that such payments remain subject to the measures provided for in paragraph 1.
Paragraphs 1 and 2 shall not apply to the provision, processing or payment of funds, other financial assets or economic resources or to the provision of goods and services which are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:
the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;
international organisations;
humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;
bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs;
organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate or which are certified or recognised by a Member State in accordance with national procedures;
Member States’ specialised agencies; or
the employees, grantees, subsidiaries, or implementing partners of the entities referred to in points (a) to (f) while and to the extent that they are acting in those capacities.
The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under this Article within four weeks of the authorisation.
Article 3
Article 4
Article 5
The Council and the High Representative may process personal data in order to carry out their tasks under this Decision, in particular:
as regards the Council, for preparing and making amendments to the Annex;
as regards the High Representative, for preparing amendments to the Annex.
Article 6
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 Decision, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, in particular a claim for extension or payment of a bond, guarantee or indemnity, in particular a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:
designated natural or legal persons, groups, entities or bodies listed in the Annex;
any natural or legal person, group, entity or body acting through or on behalf of one of the natural or legal persons, groups, entities or bodies referred to in point (a).
Article 7
It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions set out in this Decision.
Article 8
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 provided for in this Decision.
Article 9
This Decision shall apply until 20 January 2025.
This Decision shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.
The exceptions referred to in Article 2(7), (8) and (9) as regards Article 2(1) and (2) shall be reviewed at regular intervals and at least every 12 months or, following a fundamental change in circumstances, at the urgent request of any Member State, the High Representative, or the Commission.
Article 10
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
ANNEX
List of natural or legal persons, groups, entities and bodies referred to in Articles 1 and 2
A. Natural persons
|
Name |
Identifying information |
Statement of reasons |
Date of listing |
1. |
Abdelbasit Elhassan Mohamed Khair HAMZA |
DOB: 28.8.1955 POB: Sudan Nationality: Sudanese Passport no: 10100159792 (Sudan) Gender: male |
Abdelbasit Elhassan Mohamed Khair Hamza is a Sudan-based Hamas financier who manages companies in Hamas’ investment portfolio. Abdelbasit Elhassan Mohamed Khair Hamza has facilitated funds for Hamas through a network of companies, including, in particular, Al Rowad Real Estate Development and Al Zawaya Group for Development and Investment. Thus, Abdelbasit Elhassan Mohamed Khair Hamza participates in the financing of Hamas. |
19.1.2024 |
2. |
Nabil Khaled Halil CHOUMAN |
DOB: 1954 POB: Lebanon Nationality: Lebanese Gender: male Function: Founder and shareholder of the Chouman (Shuman) Group / Shuman for Currency Exchange SARL |
Nabil Khaled Halil Chouman is the owner of Shuman for Currency Exchange SARL, based in Beirut, Lebanon, which has been used to launder and transfer money to Hamas, including from Iran. The sums of money transferred to Hamas through Shuman for Currency Exchange SARL are estimated at tens of millions of USD. Thus, Nabil Khaled Halil Chouman participates in the financing of Hamas. |
19.1.2024 |
3. |
Khaled CHOUMAN a.k.a. Khaled SHUMAN |
DOB: 2.4.1987 POB: Lebanon Nationality: Lebanese Gender: male Function: Money Changer at the Chouman (Shuman) Group / Shuman for Currency Exchange SARL |
Khaled Chouman works as a money changer for Shuman for Currency Exchange SARL, a company owned by his father and based in Beirut, Lebanon. The company has been used to launder and transfer money to Hamas, including from Iran. The sums of money transferred to Hamas through Shuman for Currency Exchange SARL are estimated at tens of millions of USD. Thus, Khaled Chouman participates in the financing of Hamas. |
19.1.2024 |
4. |
Rida Ali KHAMIS (رضا علي خميس) a.k.a. Reda Ali KHAMIS |
►C1 DOB: 20.9.1967 ◄ Nationality: Lebanese Passport or ID number: 3194104 (Lebanon) Gender: male Function: business partner of the Chouman (Shuman) Group / Shuman for Currency Exchange SARL |
Rida Ali Khamis is involved in currency exchange enabling the laundering and transfer of money to Hamas, in particular through the companies Shuman for Currency Exchange SARL and Al-Wasata SARL. Thus, Rida Ali Khamis participates in the financing of Hamas. |
19.1.2024 |
5. |
Musa Muhammad Salim DUDIN (موسى دودين; موسى محمد سالم دودين) a.k.a. Mousa DOUDIN; Mousa DUDIN; Musa DUDIN; Musa Muhammad Salim DODIN; Musa Muhammad Salim DOUDIN; Mussa DODIN; Mussa DUDIN |
DOB: 12.6.1972 POB: Dura, Hebron Nationality: Palestinian Gender: male Function: Member of Hamas political bureau |
Musa Muhammad Salim Dudin is a senior Hamas operative and member of the Hamas political bureau. In this capacity, he has frequently made public statements on behalf of the organisation. Furthermore, as a member of the Hamas investment office, he has been involved in financing operations for the organisation. Thus, Musa Muhammad Salim Dudin participates in the financing of Hamas. |
19.1.2024 |
6. |
Aiman Ahmad AL-DUWAIK a.k.a. Aiman Ahmad R AL-DUWAIK; Aiman Ahmad Rashed AL-DUWAIK; Ayman AL-DUWAIK |
DOB: 24.9.1962 Nationality: Jordanian Gender: male Function: CEO of Sidar Company, CEO of Anda Turk |
Aiman Ahmad Al-Duwaik is an Algeria-based financier for Hamas who helps run the organisation’s overseas investment portfolio. In particular, he is the CEO and a shareholder of the Algerian company Sidar, the CEO of Turkish company Anda Turk, a shareholder of the Sudan-based company Al Rowad Real Estate Development, and a member of the board of directors of construction company Uzmanlar Co. These companies are part of Hamas’ international financing network. Thus, Aiman Ahmad Al-Duwaik participates in the financing of Hamas. |
19.1.2024 |
( 1 ) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).