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Document 02024D0385-20240628
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 — 28.06.2024 — 001.001
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COUNCIL DECISION (CFSP) 2024/385 of 19 January 2024 (OJ L 385 19.1.2024, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 1837 |
1 |
28.6.2024 |
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 |
7. |
Jamil Yusuf Ahmad Aliyan |
DOB: 1.1.1955 Nationality: Palestinian Gender: male Function: Official of the Palestinian Islamic Jihad and leader of the Muhjat AlQuds Foundation |
Jamil Yusuf Ahmad Aliyan is an official of the Palestinian Islamic Jihad (PIJ) and leader of the Muhjat AlQuds Foundation. The Muhjat AlQuds Foundation is a PIJ-run, Iran-funded organisation the primary mission of which is to provide financial support to the families of PIJ fighters and prisoners. Furthermore, Aliyan has served on PIJ’s executive committee, thereby overseeing PIJ finances. Jamil Yusuf Ahmad Aliyan therefore participates in the financing of PIJ. |
28.6.2024 |
8. |
Ahmed Sharif Abdallah Odeh |
DOB: 20.2.1951 POB: Jordan Nationality: Jordanian Gender: male Function: Former manager of Hamas’ foreign investments and current rapporteur to the Shura Council |
Ahmed Sharif Abdallah Odeh leads Hamas’ foreign investment activities. He has been involved in the group’s foreign investment portfolio for years. He was first in charge of the day-to-day management of the investment portfolio, and now oversees it on behalf of the Hamas Shura Council. Furthermore, he is a shareholder and a board member of several front companies for Hamas. Ahmed Sharif Abdallah Odeh therefore participates in the financing of Hamas. |
28.6.2024 |
9. |
Ali Morshed Shirazi |
DOB: 7.2.1969 POB: Najaf, Iraq Nationality: Iranian Gender: male Function: Senior Islamic Revolutionary Guard Corps – Quds Force official |
Ali Morshed Shirazi is a senior Islamic Revolutionary Guard Corps – Quds Force (IRGC-QF) official serving as Bureau Chief of the Palestine Branch, operating out of Lebanon. The IRGC-QF provides financial support, as well as training, intelligence, and other forms of assistance to Hamas and the Palestinian Islamic Jihad (PIJ). Within his organisation, Shirazi is in charge of the monitoring and control unit responsible for executing military operations. Together with IRGC-QF Palestine Branch leader Sa’id Izadi, he also operates the Cyber Unit, which aides Hamas’ operations by extracting information from the phones of Israeli soldiers. Moreover, he has requested the assistance of the technical unit of IRGC-QF (Unit 340) to support PIJ. Ali Morshed Shirazi therefore participates in the enabling of violent actions by Hamas and PIJ. |
28.6.2024 |
10. |
Zuheir Shamlakh |
DOB: 15.11.1980 Nationality: Palestinian Gender: male Function: Hamas money changer and financial facilitator for cryptocurrencies |
Zuheir Shamlakh is a financial facilitator and money changer who enables financial transfers from Iran to Hamas. He uses his companies Al-Markaziya li-Siarafa and Arab China Trading Company to channel funds to the Izz al-Din al Qassam Brigades, the military wing of Hamas. Zuheir Shamlakh was instrumental in Hamas’ shift towards cryptocurrencies to avoid being detected by Israeli authorities. Zuheir Shamlakh therefore participates in the financing of Hamas. |
28.6.2024 |
11. |
Ismail Barhoum |
DOB: 23.12.1968 POB: Rafah Nationality: Palestinian Gender: male Function: Member of Hamas’ Political Bureau in Gaza and its Governing Shura Council, Head of Hamas’ Charitable Institutions Association |
Ismail Barhoum is a member of the Hamas Political Bureau and the Hamas Shura Council. He is also the Head of the Hamas’ Charitable Institutions Association, which supervises 400 charities. Those charitable organisations are used to channel funds to Hamas. Ismail Barhoum therefore participates in the financing of Hamas. |
28.6.2024 |
12. |
Maher Rebhi Obeid |
DOB: 10.3.1958 POB: Amman, Jordan Nationality: Palestinian Gender: male Function: Hamas political leader and member of Hamas’ Political Bureau |
Maher Rebhi Obeid has been a member of the Hamas Political Bureau since 2010. Obeid is in charge of the Hamas West Bank Headquarters, which is responsible for directing Hamas’ terrorist operatives in the West Bank, leading terrorist attacks, building terrorist infrastructure and issuing instructions for terrorist attacks against Israel and the Palestinian Authority. Maher Rebhi Obeid therefore participates in the planning and preparation of violent actions by Hamas, and he supports and implements actions which undermine and threaten the security of Israel under the name of Hamas. |
28.6.2024 |
B. Legal persons, groups, entities and bodies
|
Name |
Identifying information |
Statement of reasons |
Date of listing |
1. |
Zawaya Group for Development and Investment Co Ltd A.k.a.: Zawaya Group Co; Zawaya Group for Development and Investment; Zawaya Group for Development and Investment Co; Zawaya Group for Development and Investment Company |
Active region: Sudan Owner and chairman: Hamza Abdelbasit |
Zawaya Group for Development and Investment Co Ltd is a Sudanese company. It is owned and controlled by Hamas financier Abdelbasit Elhassan Mohamed Khair Hamza and has been linked to Hamas’ investment portfolio. The entity has set up front companies for Hamas to execute government contracts, and has been used by Abdelbasit Elhassan Mohamed Khair Hamza to hold some of his other lucrative investments, used for financing Hamas. Zawaya Group for Development and Investment Co Ltd therefore participates in the financing of Hamas. |
28.6.2024 |
2. |
Al Zawaya Group for Development and Investment Sociedad limitada |
Active region: Spain Owner and chairman: Hamza Abdelbasit |
Al Zawaya Group for Development and Investment Sociedad limitada is a Spanish real estate company. It is owned and controlled by Hamas financier Abdelbasit Elhassan Mohamed Khair Hamza, enables his activities, and has been linked to Hamas’ investment portfolio. It serves as a front company to facilitate Hamas financial streams. Al Zawaya Group for Development and Investment Sociedad limitada therefore participates in the financing of Hamas. |
28.6.2024 |
3. |
Larrycom for Investment Ltd. |
Active region: Sudan Owner and chairman: Hamza Abdelbasit |
Larrycom for Investment Ltd. is a Sudanese company. It is owned and controlled by Hamas financier Abdelbasit Hamza through Zawaya Group for Development and Investment Co. Ltd. Larrycom invests in industries ranging from telecommunications and construction, to vital natural resources such as oil, gold, and gum. Larrycom generates revenues from its investments, which are then used by Abdelbasit Elhassan Mohamed Khair Hamza for the financing of Hamas. Larrycom for Investment Ltd. therefore participates in the financing of Hamas. |
28.6.2024 |
( 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).