ISSN 1977-0677

Official Journal

of the European Union

L 099I

European flag  

English edition

Legislation

Volume 64
22 March 2021


Contents

 

II   Non-legislative acts

page

 

 

REGULATIONS

 

*

Council Implementing Regulation (EU) 2021/478 of 22 March 2021 implementing Regulation (EU) 2020/1998 concerning restrictive measures against serious human rights violations and abuses

1

 

*

Council Regulation (EU) 2021/479 of 22 March 2021 amending Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma

13

 

*

Council Implementing Regulation (EU) 2021/480 of 22 March 2021 implementing Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma

15

 

 

DECISIONS

 

*

Council Decision (CFSP) 2021/481 of 22 March 2021 amending Decision (CFSP) 2020/1999 concerning restrictive measures against serious human rights violations and abuses

25

 

*

Council Decision (CFSP) 2021/482 of 22 March 2021 amending Decision 2013/184/CFSP concerning restrictive measures against Myanmar/Burma

37

 

*

Council Decision (CFSP) 2021/483 of 22 March 2021 amending Decision 2013/184/CFSP concerning restrictive measures against Myanmar/Burma

40

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


II Non-legislative acts

REGULATIONS

22.3.2021   

EN

Official Journal of the European Union

LI 99/1


COUNCIL IMPLEMENTING REGULATION (EU) 2021/478

of 22 March 2021

implementing Regulation (EU) 2020/1998 concerning restrictive measures against serious human rights violations and abuses

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EU) 2020/1998 of 7 December 2020 concerning restrictive measures against serious human rights violations and abuses (1), and in particular Article 14(1) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 7 December 2020, the Council adopted Regulation (EU) 2020/1998.

(2)

On 8 December 2020, in the Declaration by the High Representative on behalf of the European Union regarding the EU Global Human Rights Sanctions Regime, the Union and its Member States reaffirmed their strong commitment to the promotion and protection of human rights around the world. The EU Global Human Rights Sanctions Regime underscores the Union’s determination to enhance its role in addressing serious human rights violations and abuses worldwide. Realising the effective enjoyment of human rights by everyone is a strategic goal of the Union. Respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights are fundamental values of the Union and its Common Foreign and Security Policy.

(3)

On 2 March 2021, the Council adopted Decision (CFSP) 2021/372 (2) and Implementing Regulation (EU) 2021/371 (3), which designated four Russian individuals involved in serious human rights violations in Russia, including arbitrary arrests and detentions, as well as widespread and systematic repression of freedom of peaceful assembly and of association, and of freedom of opinion and expression.

(4)

The Union remains deeply concerned about serious human rights violations and abuses in different parts of the world, such as torture, extrajudicial killings, enforced disappearances or systematic use of forced labour committed by individuals and entities in China, the Democratic People’s Republic of Korea (DPRK), Libya, Eritrea, South Sudan and Russia.

(5)

In this context, 11 persons and four entities should be included in the list of natural or legal persons, entities or bodies subject to restrictive measures set out in Annex I to Regulation (EU) 2020/1998.

(6)

Regulation (EU) 2020/1998 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EU) 2020/1998 is amended as set out in the Annex to this Regulation.

Article 2

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.

Done at Brussels, 22 March 2021.

For the Council

The President

J. BORRELL FONTELLES


(1)   OJ L 410 I, 7.12.2020, p. 1.

(2)  Council Decision (CFSP) 2021/372 of 2 March 2021 amending Decision (CFSP) 2020/1999 concerning restrictive measures against serious human rights violations and abuses (OJ L 71 I, 2.3.2021, p. 6).

(3)  Council Implementing Regulation (EU) 2021/371 of 2 March 2021 implementing Regulation (EU) 2020/1998 concerning restrictive measures against serious human rights violations and abuses (OJ L 71 I, 2.3.2021, p. 1).


ANNEX

Annex I to Regulation (EU) 2020/1998 is amended as follows:

(1)

the list of natural persons set out in Section A (‘Natural persons’) is amended as follows:

(a)

the heading of the second column (‘Names (Transliteration of Russian spelling’) is replaced by ‘Names (Transliteration into Latin script)’;

(b)

the heading of the third column (‘Names (Russian spelling)’) is replaced by ‘Names’;

(c)

the following entries are added:

 

Names (Transliteration into Latin script)

Names

Identifying information

Reasons for listing

Date of listing

‘5.

ZHU Hailun

朱海仑 (Chinese spelling)

Position(s): Former Deputy Head of the 13th People’s Congress of the Xinjiang Uyghur Autonomous Region (XUAR)

DOB: January 1958

POB: Lianshui, Jiangsu (China)

Nationality: Chinese

Gender: male

Former Secretary of the Political and Legal Affairs Committee of the Xinjiang Uyghur Autonomous Region (XUAR) and former Deputy Secretary of the Party Committee of the XUAR (2016 to 2019). Former Deputy Head of the 13th People’s Congress of the XUAR, a regional legislative body (2019 to February 2021).

22.3.2021

 

 

 

 

As Secretary of the Political and Legal Affairs Committee of the XUAR (2016 to 2019), Zhu Hailun was responsible for maintaining internal security and law enforcement in the XUAR. As such, he held a key political position in charge of overseeing and implementing a large-scale surveillance, detention and indoctrination programme targeting Uyghurs and people from other Muslim ethnic minorities. Zhu Hailun has been described as the “architect” of this programme. He is therefore responsible for serious human rights violations in China, in particular large-scale arbitrary detentions inflicted upon Uyghurs and people from other Muslim ethnic minorities.

 

 

 

 

 

As Deputy Head of the 13th People’s Congress of the XUAR (2019 to February 2021), Zhu Hailun continued to exercise a decisive influence in the XUAR where the large-scale surveillance, detention and indoctrination programme targeting Uyghurs and people from other Muslim ethnic minorities continues.

 

6.

WANG Junzheng

王君正 (Chinese spelling)

Position(s): Party Secretary of the Xinjiang Production and Construction Corps (XPCC) and Deputy Secretary of the Party Committee of China’s Xinjiang Uyghur Autonomous Region; Political commissar of the XPCC and CEO of the China Xinjian Group

DOB: May 1963

POB: Linyi, Shandong (China)

Nationality: Chinese

Gender: male

Party Secretary of the Xinjiang Production and Construction Corps (XPCC) and Deputy Secretary of the Party Committee of China’s Xinjiang Uyghur Autonomous Region (XUAR) since April 2020, as well as Political commissar of the XPCC since May 2020. Former Secretary of the Political and Legal Affairs Committee of the XUAR (February 2019 to September 2020). Wang Junzheng also holds other senior posts in the XPCC.

The XPCC is a state-owned economic and paramilitary organisation in the XUAR, which exercises administrative authority and controls economic activities in Xinjiang.

22.3.2021

 

 

 

 

As Party Secretary and Political commissar of the XPCC since 2020, Wang Junzheng is involved in overseeing all policies implemented by the XPCC. In this position, he is responsible for serious human rights violations in China, in particular large-scale arbitrary detentions and degrading treatment inflicted upon Uyghurs and people from other Muslim ethnic minorities, as well as systematic violations of their freedom of religion or belief, linked, inter alia, to the XPCC’s implementation of a large-scale surveillance, detention and indoctrination programme targeting Uyghurs and people from other Muslim ethnic minorities.

 

 

 

 

 

He is also responsible for the XPCC’s systematic use of Uyghurs and people from other Muslim ethnic minorities as a forced workforce, in particular in cotton fields.

As Deputy Secretary of the Party Committee of the XUAR since 2020, Wang Junzheng is involved in overseeing all the security policies implemented in Xinjiang, including the aforementioned programme targeting Uyghurs and people from other Muslim ethnic minorities. As Secretary of the Political and Legal Affairs Committee of the XUAR (February 2019 to September 2020), Wang Junzheng was responsible for maintaining internal security and law enforcement in the XUAR. As such, he held a key political position in charge of overseeing and implementing the aforementioned programme.

 

7.

WANG Mingshan

王明山 (Chinese spelling)

Position(s): Member of the Standing Committee of the Party Committee of the Xinjiang Uyghur Autonomous Region (XUAR) and Secretary of the Political and Legal Affairs Committee of the XUAR

DOB: January 1964

POB: Wuwei, Gansu (China)

Nationality: Chinese

Gender: male

Member of the Standing Committee of the Party Committee of the Xinjiang Uyghur Autonomous Region (XUAR) and Secretary of the Political and Legal Affairs Committee of the XUAR since September 2020. Former Director and Deputy Party Secretary of the Xinjiang Public Security Bureau (XPSB) between 2017 and January 2021.

22.3.2021

 

 

 

 

As Secretary of the Political and Legal Affairs Committee of the XUAR since September 2020, Wang Mingshan is responsible for maintaining internal security and law enforcement in the XUAR. As such, he holds a key political position in charge of overseeing a large-scale surveillance, detention and indoctrination programme targeting Uyghurs and people from other Muslim ethnic minorities.

 

 

 

 

 

As Former Director and Deputy Party Secretary of the XPSB (2017 to January 2021), he held a key position in Xinjiang’s security apparatus and was directly responsible for implementing the aforementioned programme. In particular, the XPSB has deployed the “Integrated Joint Operations Platform” (IJOP), a big data programme used to track millions of Uyghurs in the Xinjiang region and flag those deemed “potentially threatening” to be sent to detention camps.

In his current position and due to his former functions, Wang Mingshan is responsible for serious human rights violations in China, in particular large-scale arbitrary detentions and degrading treatment inflicted upon Uyghurs and people from other Muslim ethnic minorities, as well as systematic violations of their freedom of religion or belief.

 

8.

CHEN Mingguo

陈明国

(Chinese spelling)

Position(s): Director of the Xinjiang Public Security Bureau (XPSB) and Vice-Chairman of the Xinjiang Uygur Autonomous Region (XUAR) People’s Government

DOB: October 1966

POB: Yilong, Sichuan (China)

Nationality: Chinese

Gender: male

Director of the Xinjiang Public Security Bureau (XPSB) since January 2021 and Vice-Chairman of the Xinjiang Uygur Autonomous Region (XUAR) People’s Government.

22.3.2021

 

 

 

 

As Director of the XPSB, Chen Mingguo holds a key position in Xinjiang’s security apparatus and is directly involved in implementing a large-scale surveillance, detention and indoctrination programme targeting Uyghurs and people from other Muslim ethnic minorities. In particular, the XPSB has deployed the “Integrated Joint Operations Platform” (IJOP), a big data programme used to track millions of Uyghurs in the Xinjiang region and flag those deemed “potentially threatening” to be sent to detention camps. Chen Mingguo is therefore responsible for serious human rights violations in China, in particular arbitrary detentions and degrading treatment inflicted upon Uyghurs and people from other Muslim ethnic minorities, as well as systematic violations of their freedom of religion or belief.

 

9.

JONG Kyong-thaek (a.k.a. CHO’NG Kyo’ng-t’aek)

정경택

(Korean spelling)

Position(s): Minister of State Security of the Democratic People’s Republic of Korea (DPRK)

DOB: between 1.1.1961 and 31.12.1963

Nationality: North Korean

Gender: male

Jong Kyong-thaek is the Minister of State Security of the Democratic People’s Republic of Korea (DPRK) since 2017.

The Ministry of State Security of the DPRK is one of the leading institutions in charge of implementing the repressive security policies of the DPRK, with a focus on identifying and suppressing political dissent, the inflow of “subversive” information from abroad, and any other conduct considered a serious political threat to the political system and its leadership.

22.3.2021

 

 

 

 

As Head of the Ministry of State Security, Jong Kyong-thaek is responsible for serious human rights violations in the DPRK, in particular torture and other cruel, inhuman or degrading treatment or punishment, extrajudicial, summary or arbitrary executions and killings, enforced disappearance of persons, and arbitrary arrests or detentions, as well as widespread forced labour and sexual violence against women.

 

10.

RI Yong Gil

(a.k.a. RI Yong Gi, RI Yo’ng-kil, YI Yo’ng-kil)

리영길

(Korean spelling)

Position(s): Minister of Social Security of the Democratic People’s Republic of Korea (DPRK)

DOB: 1955

Nationality: North Korean

Gender: male

Ri Yong Gil is the Minister of Social Security of the Democratic People’s Republic of Korea (DPRK) since January 2021 and former Chief of the General Staff of the Korean People’s Army (KPA) between 2018 and January 2021.

The Ministry of Social Security of the DPRK (formerly known as the Ministry of People’s Security or Ministry of Public Security) is one of the leading institutions in charge of implementing the repressive security policies of the DPRK, including interrogation and punishment of people “illegally” fleeing the DPRK. In particular, the Ministry of Social Security is in charge of running prison camps and short-term labour detention centres through its Correctional Bureau, where prisoners/detainees are subject to deliberate starvation and other inhuman treatment.

22.3.2021

 

 

 

 

As Head of the Ministry of Social Security, Ri Yong Gil is responsible for serious human rights violations in the DPRK, in particular torture and other cruel, inhuman or degrading treatment or punishment, extrajudicial, summary or arbitrary executions and killings, enforced disappearance of persons, and arbitrary arrests or detentions, as well as widespread forced labour and sexual violence against women.

As former Chief of the General Staff of the KPA, Ri Yong Gil is also responsible for the widespread serious human rights violations committed by the KPA.

 

11.

Mohammed Khalifa AL-KANI (a.k.a. Mohamed Khalifa Abderrahim Shaqaqi AL-KANI, Mohammed AL-KANI, Muhammad Omar AL-KANI)

الكاني خليفة محمد (Arabic spelling)

Position(s): Head of the Kaniyat Militia

DOB: 3.5.1979

Nationality: Libyan

Passport number: F86JKFJF

Gender: male

Mohammed Khalifa Al-Kani is the Head of the Kaniyat Militia, which exercised control of the Libyan town of Tarhuna between 2015 and June 2020. In that position, he oversees all activities of the Kaniyat Militia. In his capacity as the Head of the Kaniyat Militia, he is responsible for serious human rights abuses in Libya, in particular extrajudicial killings and enforced disappearances of persons between 2015 and June 2020 in Tarhuna.

Mohammed Khalifa Al-Kani and the Kaniyat Militia fled Tarhuna in early June 2020 to eastern Libya. After that, several mass graves attributed to the Kaniyat Militia were discovered in Tarhuna.

22.3.2021

12.

Abderrahim AL-KANI (a.k.a. Abdul-Rahim AL-KANI, Abd-al-Rahim AL-KANI)

الرحيم الكاني عبد (Arabic spelling)

Position(s): member of the Kaniyat Militia

DOB: 7.9.1997

Nationality: Libyan

Passport number: PH3854LY

ID number: 119970331820

Gender: male

Abderrahim Al-Kani is a key member of the Kaniyat Militia and brother of the Head of the Kaniyat Militia, Mohammed Khalifa Al-Khani. The Kaniyat Militia exercised control of the Libyan town of Tarhuna between 2015 and June 2020.

Abderrahim Al-Kani is in charge of internal security for the Kaniyat Militia. In that capacity, he is responsible for serious human rights abuses in Libya, in particular extrajudicial killings and enforced disappearances of persons between 2015 and June 2020 in Tarhuna.

22.3.2021

 

 

 

 

Abderrahim Al-Kani and the Kaniyat Militia fled Tarhuna in early June 2020 to eastern Libya. After that, several mass graves attributed to the Kaniyat Militia were discovered in Tarhuna.

 

13.

Aiub Vakhaevich KATAEV

(a.k.a. Ayubkhan Vakhaevich KATAEV)

Аюб Вахаевич КАТАЕВ

(a.k.a. Аюбхан Вахаевич КАТАЕВ) (Russian spelling)

Position(s): Head of Department of the Ministry of Internal Affairs of the Russian Federation in the city of Argun in the Chechen Republic

DOB: 1.12.1980 or 1.12.1984

Nationality: Russian

Gender: male

Head of Department of the Ministry of Internal Affairs of the Russian Federation in the city of Argun in the Chechen Republic.

22.3.2021

 

 

 

 

In his capacity as Head of Department of the Ministry of Internal Affairs of the Russian Federation in Argun, Aiub Kataev oversees the activities of local state security and police agencies. In this position, he personally oversees widespread and systematic persecutions in Chechnya, which began in 2017. The repressions are directed against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, those presumed to belong to LGBTI groups, and other individuals suspected of being opponents of the Head of the Chechen Republic Ramzan Kadyrov. Aiub Kataev and forces under his command are responsible for serious human rights violations in Russia, in particular torture and other cruel, inhuman or degrading treatment, as well as arbitrary arrests and detentions and extrajudicial or arbitrary executions and killings.

 

 

 

 

 

According to numerous witnesses, Aiub Kataev personally supervised and took part in torturing detainees.

 

14.

Abuzaid (Abuzayed) Dzhandarovich VISMURADOV

Абузайд Джандарович ВИСМУРАДОВ (Russian spelling)

Position(s): Commander of the Special Rapid-Response Unit (SOBR) Team “Terek”, Deputy Prime Minister of the Chechen Republic, unofficial bodyguard of the Head of the Chechen Republic Ramzan Kadyrov

DOB: 24.12.1975

POB: Akhmat-Yurt/Khosi-Yurt, former Checheno-Ingush Autonomous Soviet Socialist Republic (ASSR), now Chechen Republic (Russian Federation)

Nationality: Russian

Gender: male

Commander of the Special Rapid-Response Unit (SOBR) Team “Terek”, Deputy Prime Minister of the Chechen Republic, unofficial bodyguard of the Head of the Chechen Republic Ramzan Kadyrov.

Abuzaid Vismuradov has been the commander of the SOBR detachment “Terek” since May 2012. In this position, he personally oversees widespread and systematic persecutions in Chechnya, which began in 2017. The repressions are directed against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, those presumed to belong to LGBTI groups and other individuals suspected of being opponents of the Head of the Chechen Republic Ramzan Kadyrov.

22.3.2021

 

 

 

 

Abuzaid Vismuradov and the “Terek” unit under his command are responsible for serious human rights violations in Russia, in particular torture and other cruel, inhuman or degrading treatment, as well as arbitrary arrests and detentions and extrajudicial and arbitrary killings and executions.

According to numerous witnesses, Abuzaid Vismuradov personally supervised and took part in torturing detainees. He is a close associate of Ramzan Kadyrov, the Head of the Chechen Republic, who has been conducting a campaign of repression against his political opponents for many years.

 

15.

Gabriel Moses LOKUJO

-

Position(s): Major General of the South Sudan People’s Defense Forces (SSPDF)

Nationality: South Sudanese

Gender: male

Major General of the South Sudan People’s Defense Forces (SSPDF).

Gabriel Moses Lokujo is responsible for serious human rights violation in South Sudan, in particular extrajudicial, summary or arbitrary executions and killings.

In May 2020, three officers of the Sudan People’s Liberation Army in Opposition (SPLA-IO) were abducted and executed on the orders of Major General Lokujo.

22.3.2021’

 

 

 

 

Major General Lokujo defected in September 2020 from the SPLA-IO to the SSPDF and is responsible for the ensuing clashes in and around the Moroto Training Center in southern Central Equatoria. As a consequence, several deaths and injuries were reported on both sides during the last quarter of 2020, and civilians were also displaced, especially in the Kajo-Keji area of Central Equatoria State. Major General Lokujo’s forces remained in the area where several further clashes have been reported and the safety and security of the civilian communities continue to be in jeopardy.

 

(2)

in the list of legal persons, entities and bodies set out in Section B (‘Legal persons, entities and bodies’), the following entries are added:

 

Name (Transliteration into Latin script)

Name

Identifying information

Reasons for listing

Date of listing

‘1.

Xinjiang Production and Construction Corps Public Security Bureau

新疆生产建设兵团公安局

(Chinese spelling)

Address: 106 Guangming Road, Urumqi, Xinjiang Uyghur Autonomous Region (XUAR), China

Telephone: +86 991 598 8114

The Xinjiang Production and Construction Corps (XPCC) Public Security Bureau is in charge of implementing all policies of the XPCC relating to security matters, including the management of detention centres. The XPCC is a state-owned economic and paramilitary organisation in China’s Xinjiang Uyghur Autonomous Region, which exercises administrative authority and controls economic activities in Xinjiang.

22.3.2021

 

 

 

 

As the organisation in charge of security policies within the XPCC, the XPCC Public Security Bureau is responsible for serious human rights violations in China, in particular large-scale arbitrary detentions and degrading treatment inflicted upon Uyghurs and people from other Muslim ethnic minorities, as well as systematic violations of their freedom of religion or belief, linked, inter alia, to the XPCC’s implementation of a large-scale surveillance, detention and indoctrination programme targeting Muslim ethnic minorities.

As part of the aforementioned programme, the XPCC uses Uyghurs and people from other Muslim ethnic minorities as a forced workforce, in particular in cotton fields. As the organisation in charge of security policies within the XPCC, the XPCC Public Security Bureau is responsible for the systematic use of forced labour.

 

2.

Central Public Prosecutor’s Office (a.k.a. Office of the Prosecutor of the Democratic People’s Republic of Korea (DPRK))

조선민주주의인민공화국 중앙검찰소 (Korean spelling)

 

The Central Public Prosecutor’s Office is an institution which oversees all criminal proceedings in the Democratic People’s Republic of Korea (DPRK), including investigation, interrogation, pre-trial detention and trial.

22.3.2021

 

 

 

 

The Central Public Prosecutor’s Office is used to prosecute and punish persons for political wrongdoing in fundamentally unfair trials. It also carries institutional responsibility for serious human rights violations in ordinary prisons and interrogation detention centres by failing to enforce the rights of pre-trial detainees and convicted prisoners. In close cooperation with the Ministries of State Security and of Social Security, it bears responsibility for and provides legitimacy to serious human rights violations committed by the DPRK security apparatus, in particular torture and other cruel, inhuman or degrading treatment or punishment, extrajudicial, summary or arbitrary executions and killings, enforced disappearances of persons, and arbitrary arrests or detentions.

 

3.

Kaniyat Militia (f.k.a. 7th Brigade, Tarhuna 7th Brigade, Tarhuna Brigade) (a.k.a. 9th Brigade, Al-Kani Militia, Al-Kaniyat, Kani Brigade, Kaniat, Kaniyat, Kanyat)

مليشيا كانيات (Arabic spelling)

 

The Kaniyat Militia is a Libyan armed militia, which exercised control in the Libyan town of Tarhuna between 2015 and June 2020. Mass graves attributed to the Kaniyat Militia were discovered in Tarhuna after the militia fled to eastern Libya in June 2020. The Kaniyat Militia is responsible for serious human rights abuses, in particular extrajudicial killings, and enforced disappearances of persons.

22.3.2021

4.

National Security Office (a.k.a. National Security Agency) of the Government of Eritrea

-

Headed by Major General Abraha Kassa

The National Security Office (a.k.a. National Security Agency) of the Government of Eritrea is headed by Major General Abraha Kassa and is under the supervision of the Office of the President. The National Security Office is organised into six offices, each of which is divided into three sections responsible for intelligence, arrests and interrogations, respectively. The National Security Office is responsible for serious human rights violations in Eritrea, in particular arbitrary arrests, extrajudicial killings, enforced disappearances of persons and torture committed by its agents.

22.3.2021’


22.3.2021   

EN

Official Journal of the European Union

LI 99/13


COUNCIL REGULATION (EU) 2021/479

of 22 March 2021

amending Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,

Having regard to Council Decision (CFSP) 2021/482 of 22 March 2021 amending Decision 2013/184/CFSP concerning restrictive measures against Myanmar/Burma (1),

Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,

Whereas:

(1)

Council Regulation (EU) No 401/2013 (2) gives effect to the measures provided for in Decision 2013/184/CFSP (3).

(2)

On 22 March 2021, the Council adopted Decision (CFSP) 2021/482, whereby it amended Decision 2013/184/CFSP, including its title. It also expanded the designation criteria to allow for the application of targeted restrictive measures against natural and legal persons, entities and bodies whose activities undermine democracy and the rule of law in Myanmar/Burma, as well as against legal persons, entities and bodies owned or controlled by the Myanmar Armed Forces (Tatmadaw), or generating revenue for, providing support to or benefiting from the Myanmar Armed Forces (Tatmadaw) and thus contributing to, or benefiting from, activities undermining democracy and the rule of law or to serious human rights violations in Myanmar/Burma.

(3)

Regulatory action at the level of the Union is necessary in order to implement the measures set out in Decision (CFSP) 2021/482, in particular with a view to ensuring their uniform application by economic operators in all Member States.

(4)

Regulation (EU) No 401/2013 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 401/2013 is amended as follows:

(1)

the title is replaced by the following:

‘Council Regulation (EU) No 401/2013 concerning restrictive measures in view of the situation in Myanmar/Burma and repealing Regulation (EC) No 194/2008’;

(2)

in Article 4a, paragraph 3 is replaced by the following:

‘3.   Annex IV shall include:

(a)

natural persons from the Myanmar Armed Forces (Tatmadaw), the Myanmar Police Force and the Border Guard Police responsible for serious human rights violations in Myanmar/Burma;

(b)

natural and legal persons, entities or bodies whose actions, policies or activities undermine democracy or the rule of law in Myanmar/Burma, or who engage in, or provide support for, actions that threaten the peace, security or stability of Myanmar/Burma;

(c)

natural persons from the Myanmar Armed Forces (Tatmadaw), the Myanmar Police Force and the Border Guard Police responsible for obstructing the provision of humanitarian assistance to civilians in need;

(d)

natural persons from the Myanmar Armed Forces (Tatmadaw), the Myanmar Police Force and the Border Guard Police responsible for obstructing the conduct of independent investigations into alleged serious human rights violations or abuses;

(e)

legal persons, entities or bodies owned or controlled by the Myanmar Armed Forces (Tatmadaw), or generating revenue for, providing support to or benefiting from the Myanmar Armed Forces (Tatmadaw);

(f)

natural or legal persons, entities or bodies associated with those referred to in points (a) to (e).’;

(3)

the following Article is inserted:

‘Article 4da

1.   By way of derogation from Article 4a, 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 provision of such funds or economic resources is necessary for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, and food, for the transfer of humanitarian workers and related assistance or for evacuations from Myanmar/Burma.

2.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 within four weeks of the authorisation.’.

Article 2

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.

Done at Brussels, 22 March 2021.

For the Council

The President

J. BORRELL FONTELLES


(1)  See page 37 of this Official Journal.

(2)  Council Regulation (EU) No 401/2013 of 2 May 2013 concerning restrictive measures in respect of Myanmar/Burma and repealing Regulation (EC) No 194/2008 (OJ L 121, 3.5.2013, p. 1).

(3)  Council Decision 2013/184/CFSP of 22 April 2013 concerning restrictive measures against Myanmar/Burma and repealing Decision 2010/232/CFSP (OJ L 111, 23.4.2013, p. 75).


22.3.2021   

EN

Official Journal of the European Union

LI 99/15


COUNCIL IMPLEMENTING REGULATION (EU) 2021/480

of 22 March 2021

implementing Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/Burma

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EU) No 401/2013 of 2 May 2013 concerning restrictive measures in respect of Myanmar/Burma and repealing Regulation (EC) No 194/2008 (1), and in particular Article 4i thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 2 May 2013, the Council adopted Regulation (EU) No 401/2013.

(2)

On 22 February 2021, the Council adopted conclusions in which it condemned in the strongest terms the military coup carried out in Myanmar/Burma on 1 February 2021. It called for de-escalation of the crisis through an immediate end to the state of emergency, the restoration of the legitimate civilian government and the opening of the newly elected parliament.

(3)

The Council also called upon the military authorities to release the President, the State Counsellor and all those who have been detained or arrested in connection with the coup. The Council insisted that unimpeded telecommunications must be ensured, freedoms of expression, association, and assembly, and access to information guaranteed, and the rule of law and human rights respected. It condemned the military and police repression against peaceful demonstrators while calling for maximum restraint to be exercised by the authorities and for all sides to refrain from violence, in line with international law.

(4)

The Council conclusions underlined the readiness of the Union to adopt restrictive measures in response to the military coup.

(5)

On 28 February 2021, following the violent crackdown against peaceful protests across the country, the High Representative of the Union for Foreign Affairs and Security Policy condemned the brutal repression and called upon the military authorities to immediately stop the use of force against civilians and allow the population to express their right to freedom of expression and assembly.

(6)

In this context, and in view of the continuing grave situation in Myanmar/Burma, 11 persons should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures in Annex IV to Regulation (EU) No 401/2013.

(7)

Annex IV to Regulation (EU) No 401/2013 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex IV to Regulation (EU) No 401/2013 is amended as set out in the Annex to this Regulation.

Article 2

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.

Done at Brussels, 22 March 2021.

For the Council

The President

J. BORRELL FONTELLES


(1)   OJ L 121, 3.5.2013, p. 1.


ANNEX

The following persons are added to the list of natural and legal persons, entities and bodies set out in Annex IV to Regulation (EU) No 401/2013:

 

Name

Identifying information

Reasons

Date of listing

‘15.

Min Aung Hlaing

Date of birth: 3 July 1956

Place of birth: Tavoy, Myanmar/Burma

Nationality: Myanmar

National Identification number: 12/SAKHANA(N)020199

Gender: male

Min Aung Hlaing has been the Commander-in-Chief of the Myanmar Armed Forces (Tatmadaw) since 2011. He is Chairman of the State Administration Council (SAC) and member of the National Defence and Security Council (NDSC).

On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar/Burma by setting aside the results of the elections held on 8 November 2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on 1 February and transferred the legislative, executive and judicial powers of the State to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.

22.3.2021

By concentrating all powers and as Chairman of the SAC, Commander-in-Chief Min Aung Hlaing has been directly involved in and responsible for decision making concerning state functions and is therefore responsible for undermining democracy and the rule of law in Myanmar/Burma.

Additionally, the SAC adopted decisions restricting the rights to freedom of expression, including access to information, and peaceful assembly. The military forces and authorities operating under the control of the SAC have committed serious human rights violations since 1 February 2021, killing civilian and unarmed protestors, restricting freedom of assembly and of expression, including by restricting internet access, and through arbitrary arrests and detention of opposition leaders and opponents of the coup.

As Chairman of the SAC, Commander-in-Chief Min Aung Hlaing is directly responsible for those repressive decisions and for serious human rights violations.

In 2018, the UN as well as international civil society organisations reported gross human rights violations and serious violations of international humanitarian law committed in Kachin, Rakhine and Shan States against the Rohingya population by the military and police forces since 2011 and concluded that many of those violations amount to the gravest crimes under international law. As Commander-in-Chief of the Tatmadaw since 2011, Min Aung Hlaing is directly responsible for those serious violations and abuses against the Rohingya population.

16.

Myint Swe

Date of birth: 24 May 1951

Nationality: Myanmar

Gender: male

Lieutenant General Myint Swe is a member of the Myanmar Armed Forces (Tatmadaw) and was the Tatmadaw-appointed Vice-President until 1 February 2021. On that date, Myint Swe participated in a National Defence and Security Council (NDSC) meeting with other Tatmadaw members. The NDSC meeting was unconstitutional as it did not include its civilian members. During that meeting, Myint Swe was declared Acting President. Myint Swe then declared the state of emergency and handed over legislative, executive and judicial powers of the State to the Commander-in-Chief of Defence Services Min Aung Hlaing. The procedure for declaring the state of emergency was breached as, under the Constitution, only the President has the authority to declare a state of emergency.

By accepting his nomination as Acting President and by transferring legislative, judicial and executive powers to the Commander-in-Chief, Myint Swe contributed to overthrowing the democratically elected government and is therefore responsible for undermining democracy and the rule of law in Myanmar/Burma.

22.3.2021

17.

Soe Win

Date of birth: 1 March 1960

Nationality: Myanmar

Gender: male

Soe Win has been the Deputy-Commander-in-Chief of the Myanmar Armed Forces (Tatmadaw) since 2011. He is Vice-Chairman of the State Administration Council (SAC) and member of the National Defence and Security Council (NDSC).

On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on 1 February and transferred the legislative, executive and judicial powers of the State to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.

22.3.2021

As Vice-Chairman of the SAC, Deputy-Commander-in-Chief Soe Win has been directly involved in and responsible for decision making concerning state functions and is therefore responsible for undermining democracy and the rule of law in Myanmar/Burma.

Additionally, the SAC adopted decisions restricting the rights to freedom of expression, including access to information, and peaceful assembly. The military forces and authorities operating under the control of the SAC have committed serious human rights violations since 1 February 2021, killing civilian and unarmed protestors, restricting freedom of assembly and of expression, including by restricting internet access, and through arbitrary arrests and detention of opposition leaders and opponents of the coup.

As Vice-Chairman of the SAC, Deputy-Commander-in-Chief Soe Win is directly responsible for those repressive decisions and for serious human rights violations.

In 2018, the UN as well as international civil society organisations reported gross human rights violations and serious violations of international humanitarian law committed in Kachin, Rakhine and Shan States against the Rohingya population by the military and police forces since 2011 and concluded that many of those violations amount to the gravest crimes under international law. As Deputy-Commander-in-Chief of the Tatmadaw since 2011, Soe Win is responsible for those serious violations and abuses against the Rohingya population.

18.

Sein Win

Date of birth: 24 July 1956

Place of birth: Pyin Oo Lwin, Myanmar/Burma

Nationality: Myanmar

Gender: male

Lieutenant-general Sein Win is a member of Tatmadaw and former Minister of Defence (between 24 August 2015 and 1 February 2021). On 1 February, he participated in a National Defence and Security Council (NDSC) meeting with the other Tatmadaw members. The NDSC meeting was unconstitutional as it did not include its civilian members. During that meeting, Myint Swe was declared Acting President. Myint Swe then declared a state of emergency and handed over legislative, executive and judicial powers of the State to the Commander-in-Chief of Defence Services Min Aung Hlaing. The procedure for declaring the state of emergency was breached as, under the Constitution, only the President has the authority to declare a state of emergency.

By his participation in the NDSC meeting during which it was decided to declare the state of emergency and to hand over the legislative, executive and judicial powers of the State to the Commander-in-Chief of Defence Services, Sein Win contributed to setting aside the results of the elections held on 8 November 2020 and to overthrowing the democratically elected government. Therefore he is responsible for undermining democracy and the rule of law in Myanmar/Burma.

22.3.2021

In 2018, the UN as well as international civil society organisations reported gross human rights violations and serious violations of international humanitarian law committed in Kachin, Rakhine and Shan States against the Rohingya population by the military and police forces since 2011 and concluded that many of those violations amount to the gravest crimes under international law. As Minister of Defence from 24 August 2015 to 1 February 2021, Sein Win is responsible for those serious violations and abuses against the Rohingya population.

19.

Thein Soe

(a.k.a. U Thein Soe)

Date of birth: 23 January 1952

Place of birth: Kani, Myanmar/Burma

Nationality: Myanmar

Gender: male

Thein Soe was nominated as chairman of the Union Election Commission (UEC) on 2 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as chairman of the UEC, notably the cancelling of the results of the elections without any proven evidence of frauds, Thein Soe has been directly involved in actions undermining democracy and the rule of law in Myanmar.

22.3.2021

20.

Mya Tun Oo

Date of birth: 4 or 5 May 1961

Nationality: Myanmar

Gender: male

General Mya Tun Oo is a member of the Myanmar Armed Forces (Tatmadaw). He was appointed Minister of Defence on 1 February 2021 and is a member of the State Administrative Council (SAC).

On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on 1 February and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.

As member of the SAC, General Mya Tun Oo has been directly involved in and responsible for decision making concerning state functions and is therefore responsible for undermining democracy and the rule of law in Myanmar/Burma.

22.3.2021

Additionally, the SAC adopted decisions restricting the rights to freedom of expression, including access to information, and peaceful assembly. The military forces and authorities operating under the control of the SAC have committed serious human rights violations since 1 February 2021, killing civilian and unarmed protestors, restricting freedom of assembly and of expression, including by restricting internet access, and through arbitrary arrests and detention of opposition leaders and opponents of the coup.

As member of the SAC, General Mya Tun Oo is directly responsible for those repressive decisions and for serious human rights violations.

In 2018, the UN as well as international civil society organisations reported gross human rights violations and serious violations of international humanitarian law committed in Kachin, Rakhine and Shan States against the Rohingya population by the military and police forces since 2011 and concluded that many of those violations amount to the gravest crimes under international law. Mya Tun Oo was Joint Chief of Staff of the Myanmar Armed Forces (Tatmadaw), the third most senior position in the Tatmadaw, from August 2016 until his appointment as Minister of Defence. In that capacity, he oversaw military operations carried out in Rakhine State and coordinated the various armed forces, including the Army, Navy and Air Force, as well as the use of artillery. He is therefore responsible for those serious violations and abuses against the Rohingya population.

21.

Dwe Aung Lin

Date of birth:

31 May 1962

Nationality: Myanmar

Gender: male

Lieutenant General Dwe Aung Lin is member of the Myanmar Armed Forces (Tatmadaw) and he is the Secretary of the State Administration Council (SAC).

On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on 1 February and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.

Lieutenant General Dwe Aung Lin was appointed Secretary of the SAC on 2 February 2021 and he has issued orders of the SAC. Amongst others, he ordered the removal of individuals from offices they had been appointed to by the legally elected government as well as in re-staffing the Myanmar election commission.

As member and Secretary of the SAC, Lieutenant General Dwe Aung Lin has been directly involved in and responsible for decision making concerning state functions and is therefore responsible for undermining democracy and the rule of law in Myanmar/Burma.

22.3.2021

Additionally, the SAC adopted decisions restricting the rights to freedom of expression, including access to information, and peaceful assembly. The military forces and authorities operating under the control of the SAC have committed serious human rights violations since 1 February 2021, killing civilian and unarmed protestors, restricting freedom of assembly and of expression, including by restricting internet access, and through arbitrary arrests and detention of opposition leaders and opponents of the coup.

As member and Secretary of the SAC, Lieutenant General Dwe Aung Lin is directly responsible for those repressive decisions and for serious human rights violations.

22.

Ye Win Oo

Date of birth: 21 February 1966

Nationality: Myanmar

Gender: male

Lieutenant General Ye Win Oo is a member of the Myanmar Armed Forces (Tatmadaw) and he is the Joint Secretary of the State Administration Council (SAC).

On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on 1 February and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.

22.3.2021

Lieutenant General Ye Win Oo was appointed Joint Secretary of the SAC on 2 February 2021. As member and Joint Secretary of the SAC, Lieutenant General Ye Win Oo has been directly involved in and responsible for decision making concerning state functions and is therefore responsible for undermining democracy and the rule of law in Myanmar/Burma.

Additionally, the SAC adopted decisions restricting the rights to freedom of expression, including access to information, and peaceful assembly. The Myanmar security forces and authorities operating under the control of the SAC have committed serious human rights violations since 1 February 2021, killing civilian and unarmed protestors, restricting freedom of assembly and of expression, including by restricting internet access, and through arbitrary arrests and detention of opposition leaders and opponents of the coup.

As member and Joint Secretary of the SAC, Lieutenant General Ye Win Oo is directly responsible for those repressive decisions and for serious human rights violations.

23.

Maung Maung Kyaw

Date of birth: 23 July 1964

Nationality: Myanmar

Gender: male

General Maung Maung Kyaw is a member of the Myanmar Armed Forces (Tatmadaw) and member of the State Administration Council (SAC).

On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 and overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on 1 February and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.

As member of the SAC, General Maung Maung Kyaw has been directly involved in and responsible for decision making concerning state functions and is therefore responsible for undermining democracy and the rule of law in Myanmar/Burma.

22.3.2021

Additionally, the SAC adopted decisions restricting the rights to freedom of expression, including access to information, and peaceful assembly. The military forces and authorities operating under the control of the SAC have committed serious human rights violations since 1 February 2021, killing civilian and unarmed protestors, restricting freedom of assembly and of expression, including by restricting internet access, and through arbitrary arrests and detention of opposition leaders and opponents of the coup.

As member of the SAC, General Maung Maung Kyaw is directly responsible for those repressive decisions and for serious human rights violations.

24.

Moe Myint Tun

Date of birth: 24 May 1968

Nationality: Myanmar

Gender: male

Lieutenant General Moe Myint Tun is a member of the Myanmar Armed Forces (Tatmadaw) and member of the State Administrative Council (SAC).

On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on 1 February and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.

As member of the SAC, Lieutenant General Moe Myint Tun has been directly involved in and responsible for decision-making concerning state functions and is therefore responsible for undermining democracy and the rule of law in Myanmar/Burma.

22.3.2021

Additionally, the SAC adopted decisions restricting the rights to freedom of expression, including access to information, and peaceful assembly. The military forces and authorities operating under the control of the SAC have committed serious human rights violations since 1 February 2021, killing civilian and unarmed protestors, restricting freedom of assembly and of expression, including by restricting internet access, and through arbitrary arrests and detention of opposition leaders and opponents of the coup.

As member of the SAC, Lieutenant General Moe Myint Tun is directly responsible for those repressive decisions and for serious human rights violations.

In 2018, the UN as well as international civil society organisations reported gross human rights violations and serious violations of international humanitarian law committed in Kachin, Rakhine and Shan States against the Rohingya population by the military and police forces since 2011 and concluded that many of those violations amount to the gravest crimes under international law. Lieutenant General Moe Myint Tun served as Commander of the Bureau of Special Operations (BSO)-6 and was the Chief of Staff (Army) of the Myanmar Armed Forces (Tatmadaw) until 2019. In that capacity, he oversaw operations in Rakhine State. He is therefore responsible for those serious violations and abuses against the Rohingya population.

25.

Than Hlaing

Date of birth:

Nationality: Myanmar

Gender: male

Lieutenant General Than Hlaing is a member of the Myanmar Armed Forces (Tatmadaw). He was appointed Deputy Minister of Home Affairs, Chief of Police on 2 February 2021.

On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on 1 February and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.

Appointed by the SAC, Lieutenant General Than Hlaing is engaged in actions and policies undermining democracy and the rule of law in Myanmar/Burma, as well as actions that threaten the peace, security and stability of Myanmar/Burma.

22.3.2021’

Additionally, police forces acting under the authority of Lieutenant General Than Hlaing have committed serious human rights violations since 1 February 2021, killing civilian and unarmed protestors, restricting freedom of assembly and of expression, arbitrary arrests and detention of opposition leaders and opponents of the coup. As Deputy Minister of Home Affairs and Chief of Police, Lieutenant General Than Hlaing is directly responsible for decision making concerning repressive policies and violent actions committed by police against peaceful demonstrators and is therefore responsible for serious human rights violations in Myanmar/Burma.


DECISIONS

22.3.2021   

EN

Official Journal of the European Union

LI 99/25


COUNCIL DECISION (CFSP) 2021/481

of 22 March 2021

amending Decision (CFSP) 2020/1999 concerning restrictive measures against serious human rights violations and abuses

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to Council Decision (CFSP) 2020/1999 of 7 December 2020 concerning restrictive measures against serious human rights violations and abuses (1), and in particular Article 5(1) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 7 December 2020, the Council adopted Decision (CFSP) 2020/1999.

(2)

On 8 December 2020, in the Declaration by the High Representative on behalf of the European Union regarding the EU Global Human Rights Sanctions Regime, the Union and its Member States reaffirmed their strong commitment to the promotion and protection of human rights around the world. The EU Global Human Rights Sanctions Regime underscores the Union’s determination to enhance its role in addressing serious human rights violations and abuses worldwide. Realising the effective enjoyment of human rights by everyone is a strategic goal of the Union. Respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights are fundamental values of the Union and its Common Foreign and Security Policy.

(3)

On 2 March 2021, the Council adopted Decision (CFSP) 2021/372 (2), which designated four Russian individuals involved in serious human rights violations in Russia, including arbitrary arrests and detentions, as well as widespread and systematic repression of freedom of peaceful assembly and of association, and of freedom of opinion and expression.

(4)

The Union remains deeply concerned about serious human rights violations and abuses in different parts of the world, such as torture, extrajudicial killings, enforced disappearances or systematic use of forced labour committed by individuals and entities in China, the Democratic People’s Republic of Korea (DPRK), Libya, Eritrea, South Sudan and Russia.

(5)

In this context, 11 persons and four entities should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures set out in the Annex to Decision (CFSP) 2020/1999.

(6)

Decision (CFSP) 2020/1999 should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision (CFSP) 2020/1999 is amended as set out in the Annex to this Decision.

Article 2

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

Done at Brussels, 22 March 2021.

For the Council

The President

J. BORRELL FONTELLES


(1)   OJ L 410I, 7.12.2020, p. 13.

(2)  Council Decision (CFSP) 2021/372 of 2 March 2021 amending Decision (CFSP) 2020/1999 concerning restrictive measures against serious human rights violations and abuses (OJ L 71I, 2.3.2021, p. 6).


ANNEX

The Annex to Decision (CFSP) 2020/1999 is amended as follows:

(1)

the list of natural persons set out in section A (‘Natural persons’) is amended as follows:

(a)

the heading of the second column (‘Names (Transliteration of Russian spelling’) is replaced by ‘Names (Transliteration into Latin script)’;

(b)

the heading of the third column (‘Names (Russian spelling)’) is replaced by ‘Names’;

(c)

the following entries are added:

 

Names (Transliteration into Latin script)

Names

Identifying information

Reasons for listing

Date of listing

‘5.

ZHU Hailun

朱海仑 (Chinese spelling)

Position(s): Former Deputy Head of the 13th People’s Congress of the Xinjiang Uyghur Autonomous Region (XUAR)

DOB: January 1958

POB: Lianshui, Jiangsu (China)

Nationality: Chinese

Gender: male

Former Secretary of the Political and Legal Affairs Committee of the Xinjiang Uyghur Autonomous Region (XUAR) and former Deputy Secretary of the Party Committee of the XUAR (2016 to 2019). Former Deputy Head of the 13th People’s Congress of the XUAR, a regional legislative body (2019 to February 2021).

22.3.2021

 

 

 

 

As Secretary of the Political and Legal Affairs Committee of the XUAR (2016 to 2019), Zhu Hailun was responsible for maintaining internal security and law enforcement in the XUAR. As such, he held a key political position in charge of overseeing and implementing a large-scale surveillance, detention and indoctrination programme targeting Uyghurs and people from other Muslim ethnic minorities. Zhu Hailun has been described as the “architect” of this programme. He is therefore responsible for serious human rights violations in China, in particular large-scale arbitrary detentions inflicted upon Uyghurs and people from other Muslim ethnic minorities.

 

 

 

 

 

As Deputy Head of the 13th People’s Congress of the XUAR (2019 to February 2021), Zhu Hailun continued to exercise a decisive influence in the XUAR where the large-scale surveillance, detention and indoctrination programme targeting Uyghurs and people from other Muslim ethnic minorities continues.

 

6.

WANG Junzheng

王君正 (Chinese spelling)

Position(s): Party Secretary of the Xinjiang Production and Construction Corps (XPCC) and Deputy Secretary of the Party Committee of China’s Xinjiang Uyghur Autonomous Region; Political commissar of the XPCC and CEO of the China Xinjian Group

DOB: May 1963

POB: Linyi, Shandong (China)

Nationality: Chinese

Gender: male

Party Secretary of the Xinjiang Production and Construction Corps (XPCC) and Deputy Secretary of the Party Committee of China’s Xinjiang Uyghur Autonomous Region (XUAR) since April 2020, as well as Political commissar of the XPCC since May 2020. Former Secretary of the Political and Legal Affairs Committee of the XUAR (February 2019 to September 2020). Wang Junzheng also holds other senior posts in the XPCC.

The XPCC is a state-owned economic and paramilitary organisation in the XUAR, which exercises administrative authority and controls economic activities in Xinjiang.

22.3.2021

 

 

 

 

As Party Secretary and Political commissar of the XPCC since 2020, Wang Junzheng is involved in overseeing all policies implemented by the XPCC. In this position, he is responsible for serious human rights violations in China, in particular large-scale arbitrary detentions and degrading treatment inflicted upon Uyghurs and people from other Muslim ethnic minorities, as well as systematic violations of their freedom of religion or belief, linked, inter alia, to the XPCC’s implementation of a large-scale surveillance, detention and indoctrination programme targeting Uyghurs and people from other Muslim ethnic minorities.

 

 

 

 

 

He is also responsible for the XPCC’s systematic use of Uyghurs and people from other Muslim ethnic minorities as a forced workforce, in particular in cotton fields.

As Deputy Secretary of the Party Committee of the XUAR since 2020, Wang Junzheng is involved in overseeing all the security policies implemented in Xinjiang, including the aforementioned programme targeting Uyghurs and people from other Muslim ethnic minorities. As Secretary of the Political and Legal Affairs Committee of the XUAR (February 2019 to September 2020), Wang Junzheng was responsible for maintaining internal security and law enforcement in the XUAR. As such, he held a key political position in charge of overseeing and implementing the aforementioned programme.

 

7.

WANG Mingshan

王明山 (Chinese spelling)

Position(s): Member of the Standing Committee of the Party Committee of the Xinjiang Uyghur Autonomous Region (XUAR) and Secretary of the Political and Legal Affairs Committee of the XUAR

DOB: January 1964

POB: Wuwei, Gansu (China)

Nationality: Chinese

Gender: male

Member of the Standing Committee of the Party Committee of the Xinjiang Uyghur Autonomous Region (XUAR) and Secretary of the Political and Legal Affairs Committee of the XUAR since September 2020. Former Director and Deputy Party Secretary of the Xinjiang Public Security Bureau (XPSB) between 2017 and January 2021.

22.3.2021

 

 

 

 

As Secretary of the Political and Legal Affairs Committee of the XUAR since September 2020, Wang Mingshan is responsible for maintaining internal security and law enforcement in the XUAR. As such, he holds a key political position in charge of overseeing a large-scale surveillance, detention and indoctrination programme targeting Uyghurs and people from other Muslim ethnic minorities.

 

 

 

 

 

As Former Director and Deputy Party Secretary of the XPSB (2017 to January 2021), he held a key position in Xinjiang’s security apparatus and was directly responsible for implementing the aforementioned programme. In particular, the XPSB has deployed the “Integrated Joint Operations Platform” (IJOP), a big data programme used to track millions of Uyghurs in the Xinjiang region and flag those deemed “potentially threatening” to be sent to detention camps.

In his current position and due to his former functions, Wang Mingshan is responsible for serious human rights violations in China, in particular large-scale arbitrary detentions and degrading treatment inflicted upon Uyghurs and people from other Muslim ethnic minorities, as well as systematic violations of their freedom of religion or belief.

 

8.

CHEN Mingguo

陈明国

(Chinese spelling)

Position(s): Director of the Xinjiang Public Security Bureau (XPSB) and Vice-Chairman of the Xinjiang Uygur Autonomous Region (XUAR) People’s Government

DOB: October 1966

POB: Yilong, Sichuan (China)

Nationality: Chinese

Gender: male

Director of the Xinjiang Public Security Bureau (XPSB) since January 2021 and Vice-Chairman of the Xinjiang Uygur Autonomous Region (XUAR) People’s Government.

22.3.2021

 

 

 

 

As Director of the XPSB, Chen Mingguo holds a key position in Xinjiang’s security apparatus and is directly involved in implementing a large-scale surveillance, detention and indoctrination programme targeting Uyghurs and people from other Muslim ethnic minorities. In particular, the XPSB has deployed the “Integrated Joint Operations Platform” (IJOP), a big data programme used to track millions of Uyghurs in the Xinjiang region and flag those deemed “potentially threatening” to be sent to detention camps. Chen Mingguo is therefore responsible for serious human rights violations in China, in particular arbitrary detentions and degrading treatment inflicted upon Uyghurs and people from other Muslim ethnic minorities, as well as systematic violations of their freedom of religion or belief.

 

9.

JONG Kyong-thaek (a.k.a. CHO’NG Kyo’ng-t’aek)

정경택

(Korean spelling)

Position(s): Minister of State Security of the Democratic People’s Republic of Korea (DPRK)

DOB: between 1.1.1961 and 31.12.1963

Nationality: North Korean

Gender: male

Jong Kyong-thaek is the Minister of State Security of the Democratic People’s Republic of Korea (DPRK) since 2017.

The Ministry of State Security of the DPRK is one of the leading institutions in charge of implementing the repressive security policies of the DPRK, with a focus on identifying and suppressing political dissent, the inflow of “subversive” information from abroad, and any other conduct considered a serious political threat to the political system and its leadership.

22.3.2021

 

 

 

 

As Head of the Ministry of State Security, Jong Kyong-thaek is responsible for serious human rights violations in the DPRK, in particular torture and other cruel, inhuman or degrading treatment or punishment, extrajudicial, summary or arbitrary executions and killings, enforced disappearance of persons, and arbitrary arrests or detentions, as well as widespread forced labour and sexual violence against women.

 

10.

RI Yong Gil

(a.k.a. RI Yong Gi, RI Yo’ng-kil, YI Yo’ng-kil)

리영길

(Korean spelling)

Position(s): Minister of Social Security of the Democratic People’s Republic of Korea (DPRK)

DOB: 1955

Nationality: North Korean

Gender: male

Ri Yong Gil is the Minister of Social Security of the Democratic People’s Republic of Korea (DPRK) since January 2021 and former Chief of the General Staff of the Korean People’s Army (KPA) between 2018 and January 2021.

The Ministry of Social Security of the DPRK (formerly known as the Ministry of People’s Security or Ministry of Public Security) is one of the leading institutions in charge of implementing the repressive security policies of the DPRK, including interrogation and punishment of people “illegally” fleeing the DPRK. In particular, the Ministry of Social Security is in charge of running prison camps and short-term labour detention centres through its Correctional Bureau, where prisoners/detainees are subject to deliberate starvation and other inhuman treatment.

22.3.2021

 

 

 

 

As Head of the Ministry of Social Security, Ri Yong Gil is responsible for serious human rights violations in the DPRK, in particular torture and other cruel, inhuman or degrading treatment or punishment, extrajudicial, summary or arbitrary executions and killings, enforced disappearance of persons, and arbitrary arrests or detentions, as well as widespread forced labour and sexual violence against women.

As former Chief of the General Staff of the KPA, Ri Yong Gil is also responsible for the widespread serious human rights violations committed by the KPA.

 

11.

Mohammed Khalifa AL-KANI (a.k.a. Mohamed Khalifa Abderrahim Shaqaqi AL-KANI, Mohammed AL-KANI, Muhammad Omar AL-KANI)

الكاني خليفة محمد (Arabic spelling)

Position(s): Head of the Kaniyat Militia

DOB: 3.5.1979

Nationality: Libyan

Passport number: F86JKFJF

Gender: male

Mohammed Khalifa Al-Kani is the Head of the Kaniyat Militia, which exercised control of the Libyan town of Tarhuna between 2015 and June 2020. In that position, he oversees all activities of the Kaniyat Militia. In his capacity as the Head of the Kaniyat Militia, he is responsible for serious human rights abuses in Libya, in particular extrajudicial killings and enforced disappearances of persons between 2015 and June 2020 in Tarhuna.

Mohammed Khalifa Al-Kani and the Kaniyat Militia fled Tarhuna in early June 2020 to eastern Libya. After that, several mass graves attributed to the Kaniyat Militia were discovered in Tarhuna.

22.3.2021

12.

Abderrahim AL-KANI (a.k.a. Abdul-Rahim AL-KANI, Abd-al-Rahim AL-KANI)

الرحيم الكاني عبد (Arabic spelling)

Position(s): member of the Kaniyat Militia

DOB: 7.9.1997

Nationality: Libyan

Passport number: PH3854LY

ID number: 119970331820

Gender: male

Abderrahim Al-Kani is a key member of the Kaniyat Militia and brother of the Head of the Kaniyat Militia, Mohammed Khalifa Al-Khani. The Kaniyat Militia exercised control of the Libyan town of Tarhuna between 2015 and June 2020.

Abderrahim Al-Kani is in charge of internal security for the Kaniyat Militia. In that capacity, he is responsible for serious human rights abuses in Libya, in particular extrajudicial killings and enforced disappearances of persons between 2015 and June 2020 in Tarhuna.

22.3.2021

 

 

 

 

Abderrahim Al-Kani and the Kaniyat Militia fled Tarhuna in early June 2020 to eastern Libya. After that, several mass graves attributed to the Kaniyat Militia were discovered in Tarhuna.

 

13.

Aiub Vakhaevich KATAEV

(a.k.a. Ayubkhan Vakhaevich KATAEV)

Аюб Вахаевич КАТАЕВ

(a.k.a. Аюбхан Вахаевич КАТАЕВ) (Russian spelling)

Position(s): Head of Department of the Ministry of Internal Affairs of the Russian Federation in the city of Argun in the Chechen Republic

DOB: 1.12.1980 or 1.12.1984

Nationality: Russian

Gender: male

Head of Department of the Ministry of Internal Affairs of the Russian Federation in the city of Argun in the Chechen Republic.

22.3.2021

 

 

 

 

In his capacity as Head of Department of the Ministry of Internal Affairs of the Russian Federation in Argun, Aiub Kataev oversees the activities of local state security and police agencies. In this position, he personally oversees widespread and systematic persecutions in Chechnya, which began in 2017. The repressions are directed against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, those presumed to belong to LGBTI groups, and other individuals suspected of being opponents of the Head of the Chechen Republic Ramzan Kadyrov. Aiub Kataev and forces under his command are responsible for serious human rights violations in Russia, in particular torture and other cruel, inhuman or degrading treatment, as well as arbitrary arrests and detentions and extrajudicial or arbitrary executions and killings.

 

 

 

 

 

According to numerous witnesses, Aiub Kataev personally supervised and took part in torturing detainees.

 

14.

Abuzaid (Abuzayed) Dzhandarovich VISMURADOV

Абузайд Джандарович ВИСМУРАДОВ (Russian spelling)

Position(s): Commander of the Special Rapid-Response Unit (SOBR) Team “Terek”, Deputy Prime Minister of the Chechen Republic, unofficial bodyguard of the Head of the Chechen Republic Ramzan Kadyrov

DOB: 24.12.1975

POB: Akhmat-Yurt/Khosi-Yurt, former Checheno-Ingush Autonomous Soviet Socialist Republic (ASSR), now Chechen Republic (Russian Federation)

Nationality: Russian

Gender: male

Commander of the Special Rapid-Response Unit (SOBR) Team “Terek”, Deputy Prime Minister of the Chechen Republic, unofficial bodyguard of the Head of the Chechen Republic Ramzan Kadyrov.

Abuzaid Vismuradov has been the commander of the SOBR detachment “Terek” since May 2012. In this position, he personally oversees widespread and systematic persecutions in Chechnya, which began in 2017. The repressions are directed against lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, those presumed to belong to LGBTI groups and other individuals suspected of being opponents of the Head of the Chechen Republic Ramzan Kadyrov.

22.3.2021

 

 

 

 

Abuzaid Vismuradov and the “Terek” unit under his command are responsible for serious human rights violations in Russia, in particular torture and other cruel, inhuman or degrading treatment, as well as arbitrary arrests and detentions and extrajudicial and arbitrary killings and executions.

According to numerous witnesses, Abuzaid Vismuradov personally supervised and took part in torturing detainees. He is a close associate of Ramzan Kadyrov, the Head of the Chechen Republic, who has been conducting a campaign of repression against his political opponents for many years.

 

15.

Gabriel Moses LOKUJO

-

Position(s): Major General of the South Sudan People’s Defense Forces (SSPDF)

Nationality: South Sudanese

Gender: male

Major General of the South Sudan People’s Defense Forces (SSPDF).

Gabriel Moses Lokujo is responsible for serious human rights violation in South Sudan, in particular extrajudicial, summary or arbitrary executions and killings.

In May 2020, three officers of the Sudan People’s Liberation Army in Opposition (SPLA-IO) were abducted and executed on the orders of Major General Lokujo.

22.3.2021’

 

 

 

 

Major General Lokujo defected in September 2020 from the SPLA-IO to the SSPDF and is responsible for the ensuing clashes in and around the Moroto Training Center in southern Central Equatoria. As a consequence, several deaths and injuries were reported on both sides during the last quarter of 2020, and civilians were also displaced, especially in the Kajo-Keji area of Central Equatoria State. Major General Lokujo’s forces remained in the area where several further clashes have been reported and the safety and security of the civilian communities continue to be in jeopardy.

 

(2)

in the list of legal persons, entities and bodies set out in section B (‘Legal persons, entities and bodies’), the following entries are added:

 

Name (Transliteration into Latin script)

Name

Identifying information

Reasons for listing

Date of listing

‘1.

Xinjiang Production and Construction Corps Public Security Bureau

新疆生产建设兵团公安局

(Chinese spelling)

Address: 106 Guangming Road, Urumqi, Xinjiang Uyghur Autonomous Region (XUAR), China

Telephone: +86 991 598 8114

The Xinjiang Production and Construction Corps (XPCC) Public Security Bureau is in charge of implementing all policies of the XPCC relating to security matters, including the management of detention centres. The XPCC is a state-owned economic and paramilitary organisation in China’s Xinjiang Uyghur Autonomous Region, which exercises administrative authority and controls economic activities in Xinjiang.

22.3.2021

 

 

 

 

As the organisation in charge of security policies within the XPCC, the XPCC Public Security Bureau is responsible for serious human rights violations in China, in particular large-scale arbitrary detentions and degrading treatment inflicted upon Uyghurs and people from other Muslim ethnic minorities, as well as systematic violations of their freedom of religion or belief, linked, inter alia, to the XPCC’s implementation of a large-scale surveillance, detention and indoctrination programme targeting Muslim ethnic minorities.

As part of the aforementioned programme, the XPCC uses Uyghurs and people from other Muslim ethnic minorities as a forced workforce, in particular in cotton fields. As the organisation in charge of security policies within the XPCC, the XPCC Public Security Bureau is responsible for the systematic use of forced labour.

 

2.

Central Public Prosecutor’s Office (a.k.a. Office of the Prosecutor of the Democratic People’s Republic of Korea (DPRK))

조선민주주의인민공화국 중앙검찰소 (Korean spelling)

 

The Central Public Prosecutor’s Office is an institution which oversees all criminal proceedings in the Democratic People’s Republic of Korea (DPRK), including investigation, interrogation, pre-trial detention and trial.

22.3.2021

 

 

 

 

The Central Public Prosecutor’s Office is used to prosecute and punish persons for political wrongdoing in fundamentally unfair trials. It also carries institutional responsibility for serious human rights violations in ordinary prisons and interrogation detention centres by failing to enforce the rights of pre-trial detainees and convicted prisoners. In close cooperation with the Ministries of State Security and of Social Security, it bears responsibility for and provides legitimacy to serious human rights violations committed by the DPRK security apparatus, in particular torture and other cruel, inhuman or degrading treatment or punishment, extrajudicial, summary or arbitrary executions and killings, enforced disappearances of persons, and arbitrary arrests or detentions.

 

3.

Kaniyat Militia (f.k.a. 7th Brigade, Tarhuna 7th Brigade, Tarhuna Brigade) (a.k.a. 9th Brigade, Al-Kani Militia, Al-Kaniyat, Kani Brigade, Kaniat, Kaniyat, Kanyat)

مليشيا كانيات (Arabic spelling)

 

The Kaniyat Militia is a Libyan armed militia, which exercised control in the Libyan town of Tarhuna between 2015 and June 2020. Mass graves attributed to the Kaniyat Militia were discovered in Tarhuna after the militia fled to eastern Libya in June 2020. The Kaniyat Militia is responsible for serious human rights abuses, in particular extrajudicial killings, and enforced disappearances of persons.

22.3.2021

4.

National Security Office (a.k.a. National Security Agency) of the Government of Eritrea

-

Headed by Major General Abraha Kassa

The National Security Office (a.k.a. National Security Agency) of the Government of Eritrea is headed by Major General Abraha Kassa and is under the supervision of the Office of the President. The National Security Office is organised into six offices, each of which is divided into three sections responsible for intelligence, arrests and interrogations, respectively. The National Security Office is responsible for serious human rights violations in Eritrea, in particular arbitrary arrests, extrajudicial killings, enforced disappearances of persons and torture committed by its agents.

22.3.2021’


22.3.2021   

EN

Official Journal of the European Union

LI 99/37


COUNCIL DECISION (CFSP) 2021/482

of 22 March 2021

amending Decision 2013/184/CFSP concerning restrictive measures against Myanmar/Burma

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 22 April 2013, the Council adopted Decision 2013/184/CFSP (1) concerning restrictive measures against Myanmar/Burma.

(2)

On 22 February 2021, the Council adopted conclusions in which it condemned in the strongest terms the military coup carried out in Myanmar/Burma on 1 February 2021. It called for de-escalation of the crisis through an immediate end to the state of emergency, the restoration of the legitimate civilian government and the opening of the newly elected parliament.

(3)

The Council also called upon the military authorities to release the President, the State Counsellor and all those who have been detained or arrested in connection with the coup. The Council insisted that unimpeded telecommunications must be ensured, freedoms of expression, association, and assembly, and access to information guaranteed, and the rule of law and human rights respected. It condemned the military and police repression against peaceful demonstrators, while calling for maximum restraint to be exercised by the authorities and for all sides to refrain from violence in line with international law.

(4)

The Council conclusions underlined the readiness of the Union to adopt restrictive measures in response to the military coup.

(5)

In view of the gravity of the situation, the Council considers that the designation criteria should be amended to allow for the application of targeted restrictive measures against natural and legal persons, entities and bodies whose activities undermine democracy and the rule of law in Myanmar/Burma, as well as legal persons, entities and bodies owned or controlled by the Myanmar Armed Forces (Tatmadaw), or generating revenue for, providing support to or benefiting from the Myanmar Armed Forces (Tatmadaw) and thus contributing to, or benefiting from, activities undermining democracy and the rule of law or to serious human rights violations in Myanmar/Burma.

(6)

Taking into account the situation in Myanmar/Burma, it is appropriate to amend the title of Decision 2013/184/CFSP.

(7)

Decision 2013/184/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2013/184/CFSP is amended as follows:

(1)

the title is replaced by the following:

‘Council Decision 2013/184/CFSP concerning restrictive measures in view of the situation in Myanmar/Burma’;

(2)

Article 5(1) is replaced by the following:

‘Article 5

1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of:

(a)

natural persons from the Myanmar Armed Forces (Tatmadaw), the Myanmar Police Force and the Border Guard Police responsible for serious human rights violations in Myanmar/Burma;

(b)

natural persons whose actions, policies or activities undermine democracy or the rule of law in Myanmar/Burma, or who engage in, or provide support for, actions that threaten the peace, security or stability of Myanmar/Burma;

(c)

natural persons from the Myanmar Armed Forces (Tatmadaw), the Myanmar Police Force and the Border Guard Police responsible for obstructing the provision of humanitarian assistance to civilians in need;

(d)

natural persons from the Myanmar Armed Forces (Tatmadaw), the Myanmar Police Force and the Border Guard Police responsible for obstructing the conduct of independent investigations into alleged serious human rights violations or abuses; or

(e)

natural persons associated with the natural persons referred to in points (a) to (d),

as listed in the Annex.’;

(3)

Article 6(1) is replaced by the following:

‘Article 6

1.   All funds and economic resources belonging to or owned, held or controlled by:

(a)

natural persons from the Myanmar Armed Forces (Tatmadaw), the Myanmar Police Force and the Border Guard Police responsible for serious human rights violations in Myanmar/Burma;

(b)

natural and legal persons, entities or bodies whose actions, policies or activities undermine democracy or the rule of law in Myanmar/Burma, or who engage in, or provide support for, actions that threaten the peace, security or stability of Myanmar/Burma;

(c)

natural persons from the Myanmar Armed Forces (Tatmadaw), the Myanmar Police Force and the Border Guard Police responsible for obstructing the provision of humanitarian assistance to civilians in need;

(d)

natural persons from the Myanmar Armed Forces (Tatmadaw), the Myanmar Police Force and the Border Guard Police responsible for obstructing the conduct of independent investigations into alleged serious human rights violations or abuses;

(e)

legal persons, entities or bodies owned or controlled by the Myanmar Armed Forces (Tatmadaw), or generating revenue for, providing support to or benefiting from the Myanmar Armed Forces (Tatmadaw); or

(f)

natural or legal persons, entities or bodies associated with those referred to in points (a) to (e),

as listed in the Annex, shall be frozen.’;

(4)

the following Article is inserted:

‘Article 6a

1.   By way of derogation from Article 6(1) and (2), the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources belonging to a natural or legal person, entity or body listed in the Annex, or the making available of certain funds or economic resources to a natural or legal person, entity or body listed in the Annex, under such conditions as the competent authorities deem appropriate, after having determined that the provision of such funds or economic resources is necessary for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, and food, for the transfer of humanitarian workers and related assistance or for evacuations from Myanmar/Burma.

2.   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 2

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

Done at Brussels, 22 March 2021.

For the Council

The President

J. BORRELL FONTELLES


(1)  Council Decision 2013/184/CFSP of 22 April 2013 concerning restrictive measures against Myanmar/Burma and repealing Decision 2010/232/CFSP (OJ L 111, 23.4.2013, p. 75).


22.3.2021   

EN

Official Journal of the European Union

LI 99/40


COUNCIL DECISION (CFSP) 2021/483

of 22 March 2021

amending Decision 2013/184/CFSP concerning restrictive measures against Myanmar/Burma

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 22 April 2013, the Council adopted Decision 2013/184/CFSP (1) concerning restrictive measures against Myanmar/Burma.

(2)

On 22 February 2021, the Council adopted conclusions in which it condemned in the strongest terms the military coup carried out in Myanmar/Burma on 1 February 2021. It called for de-escalation of the crisis through an immediate end to the state of emergency, the restoration of the legitimate civilian government and the opening of the newly elected parliament.

(3)

The Council also called upon the military authorities to release the President, the State Counsellor and all those who have been detained or arrested in connection with the coup. The Council insisted that unimpeded telecommunications must be ensured, freedoms of expression, association, and assembly, and access to information guaranteed, and the rule of law and human rights respected. It condemned the military and police repression against peaceful demonstrators while calling for maximum restraint to be exercised by the authorities and for all sides to refrain from violence, in line with international law.

(4)

The Council conclusions underlined the readiness of the Union to adopt restrictive measures in response to the military coup.

(5)

On 28 February 2021, following the violent crackdown against peaceful protests across the country, the High Representative of the Union for Foreign Affairs and Security Policy condemned the brutal repression and called upon the military authorities to immediately stop the use of force against civilians and allow the population to express their right to freedom of expression and assembly.

(6)

In this context, and in view of the continuing grave situation in Myanmar/Burma, 11 persons should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures in the Annex to Decision 2013/184/CFSP.

(7)

The Annex to Decision 2013/184/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2013/184/CFSP is amended as set out in the Annex to this Decision.

Article 2

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

Done at Brussels, 22 March 2021.

For the Council

The President

J. BORRELL FONTELLES


(1)  Council Decision 2013/184/CFSP of 22 April 2013 concerning restrictive measures against Myanmar/Burma and repealing Decision 2010/232/CFSP (OJ L 111, 23.4.2013, p. 75).


ANNEX

The following persons are added to the list of natural and legal persons, entities and bodies set out in the Annex to Decision 2013/184/CFSP:

 

Name

Identifying information

Reasons

Date of listing

‘15.

Min Aung Hlaing

Date of birth: 3 July 1956

Place of birth: Tavoy, Myanmar/Burma

Nationality: Myanmar

National Identification number: 12/SAKHANA(N)020199

Gender: male

Min Aung Hlaing has been the Commander-in-Chief of the Myanmar Armed Forces (Tatmadaw) since 2011. He is Chairman of the State Administration Council (SAC) and member of the National Defence and Security Council (NDSC).

On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar/Burma by setting aside the results of the elections held on 8 November 2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on 1 February and transferred the legislative, executive and judicial powers of the State to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.

22.3.2021

By concentrating all powers and as Chairman of the SAC, Commander-in-Chief Min Aung Hlaing has been directly involved in and responsible for decision making concerning state functions and is therefore responsible for undermining democracy and the rule of law in Myanmar/Burma.

Additionally, the SAC adopted decisions restricting the rights to freedom of expression, including access to information, and peaceful assembly. The military forces and authorities operating under the control of the SAC have committed serious human rights violations since 1 February 2021, killing civilian and unarmed protestors, restricting freedom of assembly and of expression, including by restricting internet access, and through arbitrary arrests and detention of opposition leaders and opponents of the coup.

As Chairman of the SAC, Commander-in-Chief Min Aung Hlaing is directly responsible for those repressive decisions and for serious human rights violations.

In 2018, the UN as well as international civil society organisations reported gross human rights violations and serious violations of international humanitarian law committed in Kachin, Rakhine and Shan States against the Rohingya population by the military and police forces since 2011 and concluded that many of those violations amount to the gravest crimes under international law. As Commander-in-Chief of the Tatmadaw since 2011, Min Aung Hlaing is directly responsible for those serious violations and abuses against the Rohingya population.

16.

Myint Swe

Date of birth: 24 May 1951

Nationality: Myanmar

Gender: male

Lieutenant General Myint Swe is a member of the Myanmar Armed Forces (Tatmadaw) and was the Tatmadaw-appointed Vice-President until 1 February 2021. On that date, Myint Swe participated in a National Defence and Security Council (NDSC) meeting with other Tatmadaw members. The NDSC meeting was unconstitutional as it did not include its civilian members. During that meeting, Myint Swe was declared Acting President. Myint Swe then declared the state of emergency and handed over legislative, executive and judicial powers of the State to the Commander-in-Chief of Defence Services Min Aung Hlaing. The procedure for declaring the state of emergency was breached as, under the Constitution, only the President has the authority to declare a state of emergency.

By accepting his nomination as Acting President and by transferring legislative, judicial and executive powers to the Commander-in-Chief, Myint Swe contributed to overthrowing the democratically elected government and is therefore responsible for undermining democracy and the rule of law in Myanmar/Burma.

22.3.2021

17.

Soe Win

Date of birth: 1 March 1960

Nationality: Myanmar

Gender: male

Soe Win has been the Deputy-Commander-in-Chief of the Myanmar Armed Forces (Tatmadaw) since 2011. He is Vice-Chairman of the State Administration Council (SAC) and member of the National Defence and Security Council (NDSC).

On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on 1 February and transferred the legislative, executive and judicial powers of the State to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.

22.3.2021

As Vice-Chairman of the SAC, Deputy-Commander-in-Chief Soe Win has been directly involved in and responsible for decision making concerning state functions and is therefore responsible for undermining democracy and the rule of law in Myanmar/Burma.

Additionally, the SAC adopted decisions restricting the rights to freedom of expression, including access to information, and peaceful assembly. The military forces and authorities operating under the control of the SAC have committed serious human rights violations since 1 February 2021, killing civilian and unarmed protestors, restricting freedom of assembly and of expression, including by restricting internet access, and through arbitrary arrests and detention of opposition leaders and opponents of the coup.

As Vice-Chairman of the SAC, Deputy-Commander-in-Chief Soe Win is directly responsible for those repressive decisions and for serious human rights violations.

In 2018, the UN as well as international civil society organisations reported gross human rights violations and serious violations of international humanitarian law committed in Kachin, Rakhine and Shan States against the Rohingya population by the military and police forces since 2011 and concluded that many of those violations amount to the gravest crimes under international law. As Deputy-Commander-in-Chief of the Tatmadaw since 2011, Soe Win is responsible for those serious violations and abuses against the Rohingya population.

18.

Sein Win

Date of birth: 24 July 1956

Place of birth: Pyin Oo Lwin, Myanmar/Burma

Nationality: Myanmar

Gender: male

Lieutenant-general Sein Win is a member of Tatmadaw and former Minister of Defence (between 24 August 2015 and 1 February 2021). On 1 February, he participated in a National Defence and Security Council (NDSC) meeting with the other Tatmadaw members. The NDSC meeting was unconstitutional as it did not include its civilian members. During that meeting, Myint Swe was declared Acting President. Myint Swe then declared a state of emergency and handed over legislative, executive and judicial powers of the State to the Commander-in-Chief of Defence Services Min Aung Hlaing. The procedure for declaring the state of emergency was breached as, under the Constitution, only the President has the authority to declare a state of emergency.

By his participation in the NDSC meeting during which it was decided to declare the state of emergency and to hand over the legislative, executive and judicial powers of the State to the Commander-in-Chief of Defence Services, Sein Win contributed to setting aside the results of the elections held on 8 November 2020 and to overthrowing the democratically elected government. Therefore he is responsible for undermining democracy and the rule of law in Myanmar/Burma.

22.3.2021

In 2018, the UN as well as international civil society organisations reported gross human rights violations and serious violations of international humanitarian law committed in Kachin, Rakhine and Shan States against the Rohingya population by the military and police forces since 2011 and concluded that many of those violations amount to the gravest crimes under international law. As Minister of Defence from 24 August 2015 to 1 February 2021, Sein Win is responsible for those serious violations and abuses against the Rohingya population.

19.

Thein Soe

(a.k.a. U Thein Soe)

Date of birth: 23 January 1952

Place of birth: Kani, Myanmar/Burma

Nationality: Myanmar

Gender: male

Thein Soe was nominated as chairman of the Union Election Commission (UEC) on 2 February 2021. By accepting this nomination in the aftermath of the military coup of 1 February 2021, and through his actions as chairman of the UEC, notably the cancelling of the results of the elections without any proven evidence of frauds, Thein Soe has been directly involved in actions undermining democracy and the rule of law in Myanmar.

22.3.2021

20.

Mya Tun Oo

Date of birth: 4 or 5 May 1961

Nationality: Myanmar

Gender: male

General Mya Tun Oo is a member of the Myanmar Armed Forces (Tatmadaw). He was appointed Minister of Defence on 1 February 2021 and is a member of the State Administrative Council (SAC).

On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on 1 February and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.

As member of the SAC, General Mya Tun Oo has been directly involved in and responsible for decision making concerning state functions and is therefore responsible for undermining democracy and the rule of law in Myanmar/Burma.

22.3.2021

Additionally, the SAC adopted decisions restricting the rights to freedom of expression, including access to information, and peaceful assembly. The military forces and authorities operating under the control of the SAC have committed serious human rights violations since 1 February 2021, killing civilian and unarmed protestors, restricting freedom of assembly and of expression, including by restricting internet access, and through arbitrary arrests and detention of opposition leaders and opponents of the coup.

As member of the SAC, General Mya Tun Oo is directly responsible for those repressive decisions and for serious human rights violations.

In 2018, the UN as well as international civil society organisations reported gross human rights violations and serious violations of international humanitarian law committed in Kachin, Rakhine and Shan States against the Rohingya population by the military and police forces since 2011 and concluded that many of those violations amount to the gravest crimes under international law. Mya Tun Oo was Joint Chief of Staff of the Myanmar Armed Forces (Tatmadaw), the third most senior position in the Tatmadaw, from August 2016 until his appointment as Minister of Defence. In that capacity, he oversaw military operations carried out in Rakhine State and coordinated the various armed forces, including the Army, Navy and Air Force, as well as the use of artillery. He is therefore responsible for those serious violations and abuses against the Rohingya population.

21.

Dwe Aung Lin

Date of birth:

31 May 1962

Nationality: Myanmar

Gender: male

Lieutenant General Dwe Aung Lin is member of the Myanmar Armed Forces (Tatmadaw) and he is the Secretary of the State Administration Council (SAC).

On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on 1 February and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.

Lieutenant General Dwe Aung Lin was appointed Secretary of the SAC on 2 February 2021 and he has issued orders of the SAC. Amongst others, he ordered the removal of individuals from offices they had been appointed to by the legally elected government as well as in re-staffing the Myanmar election commission.

As member and Secretary of the SAC, Lieutenant General Dwe Aung Lin has been directly involved in and responsible for decision making concerning state functions and is therefore responsible for undermining democracy and the rule of law in Myanmar/Burma.

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Additionally, the SAC adopted decisions restricting the rights to freedom of expression, including access to information, and peaceful assembly. The military forces and authorities operating under the control of the SAC have committed serious human rights violations since 1 February 2021, killing civilian and unarmed protestors, restricting freedom of assembly and of expression, including by restricting internet access, and through arbitrary arrests and detention of opposition leaders and opponents of the coup.

As member and Secretary of the SAC, Lieutenant General Dwe Aung Lin is directly responsible for those repressive decisions and for serious human rights violations.

22.

Ye Win Oo

Date of birth: 21 February 1966

Nationality: Myanmar

Gender: male

Lieutenant General Ye Win Oo is a member of the Myanmar Armed Forces (Tatmadaw) and he is the Joint Secretary of the State Administration Council (SAC).

On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on 1 February and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.

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Lieutenant General Ye Win Oo was appointed Joint Secretary of the SAC on 2 February 2021. As member and Joint Secretary of the SAC, Lieutenant General Ye Win Oo has been directly involved in and responsible for decision making concerning state functions and is therefore responsible for undermining democracy and the rule of law in Myanmar/Burma.

Additionally, the SAC adopted decisions restricting the rights to freedom of expression, including access to information, and peaceful assembly. The Myanmar security forces and authorities operating under the control of the SAC have committed serious human rights violations since 1 February 2021, killing civilian and unarmed protestors, restricting freedom of assembly and of expression, including by restricting internet access, and through arbitrary arrests and detention of opposition leaders and opponents of the coup.

As member and Joint Secretary of the SAC, Lieutenant General Ye Win Oo is directly responsible for those repressive decisions and for serious human rights violations.

23.

Maung Maung Kyaw

Date of birth: 23 July 1964

Nationality: Myanmar

Gender: male

General Maung Maung Kyaw is a member of the Myanmar Armed Forces (Tatmadaw) and member of the State Administration Council (SAC).

On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 and overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on 1 February and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.

As member of the SAC, General Maung Maung Kyaw has been directly involved in and responsible for decision making concerning state functions and is therefore responsible for undermining democracy and the rule of law in Myanmar/Burma.

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Additionally, the SAC adopted decisions restricting the rights to freedom of expression, including access to information, and peaceful assembly. The military forces and authorities operating under the control of the SAC have committed serious human rights violations since 1 February 2021, killing civilian and unarmed protestors, restricting freedom of assembly and of expression, including by restricting internet access, and through arbitrary arrests and detention of opposition leaders and opponents of the coup.

As member of the SAC, General Maung Maung Kyaw is directly responsible for those repressive decisions and for serious human rights violations.

24.

Moe Myint Tun

Date of birth: 24 May 1968

Nationality: Myanmar

Gender: male

Lieutenant General Moe Myint Tun is a member of the Myanmar Armed Forces (Tatmadaw) and member of the State Administrative Council (SAC).

On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on 1 February and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.

As member of the SAC, Lieutenant General Moe Myint Tun has been directly involved in and responsible for decision-making concerning state functions and is therefore responsible for undermining democracy and the rule of law in Myanmar/Burma.

22.3.2021

Additionally, the SAC adopted decisions restricting the rights to freedom of expression, including access to information, and peaceful assembly. The military forces and authorities operating under the control of the SAC have committed serious human rights violations since 1 February 2021, killing civilian and unarmed protestors, restricting freedom of assembly and of expression, including by restricting internet access, and through arbitrary arrests and detention of opposition leaders and opponents of the coup.

As member of the SAC, Lieutenant General Moe Myint Tun is directly responsible for those repressive decisions and for serious human rights violations.

In 2018, the UN as well as international civil society organisations reported gross human rights violations and serious violations of international humanitarian law committed in Kachin, Rakhine and Shan States against the Rohingya population by the military and police forces since 2011 and concluded that many of those violations amount to the gravest crimes under international law. Lieutenant General Moe Myint Tun served as Commander of the Bureau of Special Operations (BSO)-6 and was the Chief of Staff (Army) of the Myanmar Armed Forces (Tatmadaw) until 2019. In that capacity, he oversaw operations in Rakhine State. He is therefore responsible for those serious violations and abuses against the Rohingya population.

25.

Than Hlaing

Date of birth:

Nationality: Myanmar

Gender: male

Lieutenant General Than Hlaing is a member of the Myanmar Armed Forces (Tatmadaw). He was appointed Deputy Minister of Home Affairs, Chief of Police on 2 February 2021.

On 1 February 2021, the Myanmar Armed Forces (Tatmadaw), led by Commander-in-Chief Min Aung Hlaing, staged a coup in Myanmar by setting aside the results of the elections held on 8 November 2020 and by overthrowing the democratically elected government. As part of the coup, Vice-President Myint Swe, functioning as Acting President, declared a state of emergency on 1 February and transferred the legislative, executive and judicial powers of the state to the Commander-in-Chief of Defence Services Senior General Min Aung Hlaing. On 2 February, the SAC was established to exercise those powers, preventing the democratically elected government from fulfilling its mandate.

Appointed by the SAC, Lieutenant General Than Hlaing is engaged in actions and policies undermining democracy and the rule of law in Myanmar/Burma, as well as actions that threaten the peace, security and stability of Myanmar/Burma.

22.3.2021’.

Additionally, police forces acting under the authority of Lieutenant General Than Hlaing have committed serious human rights violations since 1 February 2021, killing civilian and unarmed protestors, restricting freedom of assembly and of expression, arbitrary arrests and detention of opposition leaders and opponents of the coup. As Deputy Minister of Home Affairs and Chief of Police, Lieutenant General Than Hlaing is directly responsible for decision making concerning repressive policies and violent actions committed by police against peaceful demonstrators and is therefore responsible for serious human rights violations in Myanmar/Burma.