ISSN 1977-0677

Official Journal

of the European Union

L 346

European flag  

English edition

Legislation

Volume 57
2 December 2014


Contents

 

II   Non-legislative acts

page

 

 

INTERNATIONAL AGREEMENTS

 

*

Amendment to the Customs Convention on the International Transport of Goods Under the Cover of TIR Carnets (TIR Convention, 1975)

1

 

 

REGULATIONS

 

*

Council Implementing Regulation (EU) No 1275/2014 of 1 December 2014 implementing Article 9(1) and (4) of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo

3

 

*

Council Implementing Regulation (EU) No 1276/2014 of 1 December 2014 implementing Article 17(1) of Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic

19

 

*

Commission Implementing Regulation (EU) No 1277/2014 of 1 December 2014 amending Regulation (EU) No 37/2010, as regards the substance lasalocid ( 1 )

23

 

*

Commission Implementing Regulation (EU) No 1278/2014 of 1 December 2014 amending Regulations (EC) No 967/2006, (EC) No 828/2009, (EC) No 891/2009 and Implementing Regulation (EU) No 75/2013

26

 

 

Commission Implementing Regulation (EU) No 1279/2014 of 1 December 2014 establishing the standard import values for determining the entry price of certain fruit and vegetables

29

 

 

DECISIONS

 

 

2014/859/EU

 

*

Council Decision of 25 November 2014 appointing a United Kingdom member of the Committee of the Regions

31

 

*

Council Decision 2014/860/CFSP of 1 December 2014 amending and extending Decision 2012/173/CFSP on the activation of the EU Operations Centre for the Common Security and Defence Policy missions and operation in the Horn of Africa

32

 

*

Council Decision 2014/861/CFSP of 1 December 2014 amending Decision 2012/699/CFSP on the Union support for the activities of the Preparatory Commission of the Comprehensive Nuclear-Test-Ban Treaty Organisation in order to strengthen its monitoring and verification capabilities and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction

35

 

*

Council Implementing Decision 2014/862/CFSP of 1 December 2014 implementing Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo

36

 

*

Council Implementing Decision 2014/863/CFSP of 1 December 2014 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic

52

 

 

2014/864/EU

 

*

Commission Implementing Decision of 28 November 2014 concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in Germany (notified under document C(2014) 9112)  ( 1 )

56

 

 

ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

 

 

2014/865/EU

 

*

Decision No 1/2014 Of The EU-Tunisia Association Council of 26 September 2014 amending Article 15(7) of Protocol No 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, concerning the definition of the concept of originating products and methods of administrative cooperation

60

 


 

(1)   Text with EEA relevance

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

INTERNATIONAL AGREEMENTS

2.12.2014   

EN

Official Journal of the European Union

L 346/1


Amendment to the Customs Convention on the International Transport of Goods Under the Cover of TIR Carnets (TIR Convention, 1975)

According to the UN Depositary Notification C.N.661.2014.TREATIES — XI.A.16 the following amendments to the TIR Convention enter into force on 1 January 2015 for all Contracting Parties:

Annex 1, page 11, point (5)

For ‘HS code: 24.03.10’ read ‘HS code: 24.03.11 and 24.03.19 (ECE/TRANS/WP.30/AC.2/113, para. 35)’

Annex 6, Explanatory Note 0.8.3, point (5)

For ‘HS code: 24.03.10’ read ‘HS code: 24.03.11 and 24.03.19 (ECE/TRANS/WP.30/AC.2/113, para. 35)’

Annex 6, new Explanatory Note 0.38.2

Add a new Explanatory Note to Article 38, paragraph 2 to read:

‘Explanatory Note to paragraph 2

0.38.2.

The legal requirement to notify the TIR Executive Board that a person has been temporarily or permanently excluded from the operation of the Convention is deemed to be fulfilled by means of the proper use of electronic applications developed to this end by the TIR secretariat under the supervision of the TIR Executive Board. (ECE/TRANS/WP.30/AC.2/115, para. 43)’

Annex 6, New Explanatory Note 8.9.1

Add a new Explanatory Note to Annex 8, Article 9, paragraph 1 to read:

‘8.9.1.

The members of the TIR Executive Board shall be competent and experienced in the application of Customs procedures, particularly the TIR transit procedure, both at national and international levels. Board members shall be nominated by their respective Governments or organisations being Contracting Parties to the Convention. They shall represent the interests of the Contracting Parties to the Convention and not the specific interests of any one individual Government or organisation. (ECE/TRANS/WP.30/AC.2/117, para. 29)’

Annex 6, New Explanatory Note 8.9.2

Add a new Explanatory Note to Annex 8, Article 9, paragraph 2 to read:

‘8.9.2.

In case a member of the TIR Executive Board resigns before the completion of his/her mandated term of office, the Administrative Committee may elect a replacement member. In that case the elected member shall only hold office for the unexpired portion of the term of office of his/her predecessor. In the event that a member of the TIR Executive Board is unable, for reasons other than resignation, to complete his or her term of office, this information should be transmitted in writing to the TIR Executive Board and the TIR secretariat by the national administration of the member concerned. In this case, the Administrative Committee may elect a replacement member for the unexpired portion of the term of office. (ECE/TRANS/WP.30/AC.2/117, para. 29)’

Annex 6, New Explanatory Note 9.II.4

Add a new Explanatory Note to Annex 9, Part II, paragraph 4 to read:

‘Explanatory Note to paragraph 4

9.II.4

The legal requirements for data submission, as set out in paragraph 4 are deemed to be fulfilled by means of the proper use of electronic applications developed to this end by the TIR secretariat under the supervision of the TIR Executive Board. (ECE/TRANS/WP.30/AC.2/113, para. 30)’

Annex 6, New Explanatory Note 9.II.5

Add a new Explanatory Note to Annex 9, Part II, paragraph 5 to read:

‘Explanatory Note to paragraph 5

9.II.5

Explanatory Note 9.II.4 applies mutatis mutandis to paragraph 5. ECE/TRANS/WP.30/AC.2/113, para. 30)’

Annex 9, Part I, paragraph 3(vi)

For the existing text read:

‘(vi)

provide the TIR Executive Board, annually, before 1 March with the price of each type of TIR Carnet it issues;’

REGULATIONS

2.12.2014   

EN

Official Journal of the European Union

L 346/3


COUNCIL IMPLEMENTING REGULATION (EU) No 1275/2014

of 1 December 2014

implementing Article 9(1) and (4) of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Regulation (EC) No 1183/2005 of 18 July 2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of Congo (1), and in particular Article 9(1) and (4),

Whereas:

(1)

On 18 July 2005, the Council adopted Regulation (EC) No 1183/2005.

(2)

On 12 April 2013, the Security Council Committee, established pursuant to United Nations Security Council Resolution 1533 (2004) concerning the Democratic Republic of the Congo (the 'Security Council Committee'), updated and amended the list of individuals and entities subject to restrictive measures.

(3)

On 30 June 2014, the Security Council Committee added an entity to the list of individuals and entities subject to restrictive measures.

(4)

On 31 October 2014, the Security Council Committee issued a new consolidated list of individuals and entities subject to restrictive measures.

(5)

Annex I to Regulation (EC) No 1183/2005 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 1183/2005 is hereby replaced by 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, 1 December 2014.

For the Council

The President

B. LORENZIN


(1)   OJ L 193, 23.7.2005, p. 1.


ANNEX

‘ANNEX I

a)   

List of persons referred to in Articles 3, 4 and 5.

1.

Eric BADEGE

Date of Birth: 1971. Date of UN designation: 31 December 2012.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

According to the November 15, 2012, final report by the Group of Experts on the Democratic Republic of the Congo, “… LTL. Col. Eric Badege had become the focal point of M23 in Masisi and commanded joint operations …” with another military leader. Additionally, “a series of coordinated attacks carried out in August [2012] by LTL. Col. Badege … enabled M23 to destabilize a considerable part of Masisi territory.” “According to former combatants, LTL Col. Badege … acted under the orders of Col. Makenga when he orchestrated the attacks.” As a military commander of M23, Badege is responsible for serious violations involving the targeting of children or women in situations of armed conflict. According to the November 2012 Group of Experts report, there have been several major incidents of indiscriminate killings of civilians, including women and children. Since May 2012 Raia Mutomboki, under the command of M23, have killed hundreds of civilians in a series of coordinated attacks. In August, Badege carried out joint attacks which involved the indiscriminate killing of civilians. The November Group of Experts report states that these attacks were jointly orchestrated by Badege and Colonel Makoma Semivumbi Jacques. According to the Group of Experts Report, local leaders from Masisi stated that Badege commanded these Raia Mutomboki attacks on the ground. According to a July 28, 2012, Radio Okapi article, “the administrator of Masisi announced this Saturday, July 28th, the defection of the commander of the 2nd Battalion of the 410th Regiment FARDC base Nyabiondo, about thirty kilometers northwest of Goma in North Kivu. According to him, Colonel Eric Badege and more than a hundred soldiers headed Friday to Rubaya, 80 kilometers north of Nabiondo. This information has been confirmed by several sources.” According to a November 23, 2012 BBC article, M23 was formed when former members of the CNDP who had been integrated into the FARDC began to protest against bad conditions and pay, and lack of full implementation of the March 23, 2009 peace deal between the CNDP and the DRC that led to the CNDP's integration into the FARDC. M23 has been engaged in active military operations in order to take control of territory in eastern DRC, according to the November 2012 IPIS report. M23 and FARDC fought over control of several towns and villages in eastern DRC on July 24 and July 25, 2012; M23 attacked the FARDC in Rumangabo on July 26, 2012; M23 drove FARDC from Kibumba on November 17, 2012; and M23 took control of Goma on November 20, 2012. According to the November 2012 Group of Experts report, several ex-M23 combatants claim that M23 leaders summarily executed dozens of children who attempted to escape after being recruited as M23 child soldiers. According to a September 11, 2012 report by Human Rights Watch (HRW), a Rwandan man, 18, who escaped after being forcibly recruited in Rwanda told HRW that he witnessed the execution of a 16-year old boy from his M23 unit who had tried to flee in June. The boy was captured and beaten to death by M23 fighters in front of the other recruits. An M23 commander who ordered his killing then allegedly told the other recruits “[h]e wanted to abandon us,” as an explanation for why the boy had been killed. The report also states that witnesses claimed that at least 33 new recruits and other M23 fighters were summarily executed when they attempted to flee. Some were tied up and shot in front of other recruits as an example of the punishment they could receive. One young recruit told HRW, “[w]hen we were with M23, they said [we had a choice] and could stay with them or we could die. Lots of people tried to escape. Some were found and then that was immediately their death”.

2.

Frank Kakolele BWAMBALE (alias: a) Frank Kakorere, b) Frank Kakorere Bwambale)

Designation: FARDC General. Nationality: Congolese. Date of UN designation: 1 November 2005. Other Information: Left the CNDP in January 2008. As of June 2011, resides in Kinshasa. Since 2010, Kakolele has been involved in activities apparently on behalf of the DRC government's Programme de Stabilisation et Reconstruction des Zones Sortant des Conflits Armés (STAREC), including participation in a STAREC mission to Goma and Beni in March 2011.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Former RCD-ML leader, exercising influence over policies and maintaining command and control over the activities of RCD-ML forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), responsible for trafficking of arms, in violation of the arms embargo. FARDC General, without posting as of June 2011. Left the CNDP in January 2008. As of June 2011, resides in Kinshasa. Since 2010, Kakolele has been involved in activities apparently on behalf of the DRC government's Programme de Stabilisation et Reconstruction des Zones Sortant des Conflits Armés (STAREC), including participation in a STAREC mission to Goma and Beni in March 2011.

3.

Gaston IYAMUREMYE (alias: a) Byiringiro Victor Rumuli, b) Victor Rumuri, c) Michel Byiringiro, d) Rumuli)

Designation: a) FDLR President, b) 2nd Vice-President of FDLR-FOCA. Address: (As of June 2011,based at Kalonge, North Kivu Province.). Date of Birth: 1948. Place of Birth: a) Musanze District, Northern Province, Rwanda, b) Ruhengeri, Rwanda. Nationality: Rwandan. Date of UN designation: 1 December 2010. Other information: Brigadier General.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

According to multiple sources, including the UNSC DRC Sanctions Committee's Group of Experts, Gaston Iyamuremye is the second vice president of the FDLR and is considered a core member of the FDLR military and political leadership. Gaston Iyamuremye also ran the office of Ignace Murwanashyaka (President of the FDLR) in Kibua, DRC until December 2009. FDLR President and 2nd Vice-President of FDLR-FOCA As of June 2011, based at Kalonge, North Kivu Province.

4.

Innocent KAINA (alias: a) Colonel Innocent Kaina, b) India Queen)

Place of Birth: Bunagana, Rutshuru territory, DRC. Date of UN designation: 30 November 2012.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Innocent Kaina is currently a Sector commander in the Mouvement du 23 Mars (M23). He is responsible for and has committed serious violations of international law and human rights. In July 2007 the Garrison Military Tribunal of Kinshasa found Kaina responsible for crime against humanity committed in the District of Ituri, between May 2003 and December 2005. He was released in 2009 as part of the peace agreement between the Congolese government and the CNDP. Within the FARDC in 2009, he has been guilty of executions, abductions and maiming in Masisi territory. As Commander under the orders of General Ntaganda, he initiated the ex-CNDP mutiny in Rutshuru territory in April 2012. He ensured the security of the mutineers out of Masisi. Between May and August 2012, he oversaw the recruitment and training of over 150 children for the M23 rebellion, shooting the boys who had tried to escape. In July 2012 he travelled to Berunda and Degho for mobilization and recruitment activities for the M23.

5.

Jérôme KAKWAVU BUKANDE (alias: a) Jérôme Kakwavu, b) Commandant Jérôme)

Nationality: Congolese. Date of UN designation: 1 November 2005. Other information: Given the rank of General in the FARDC in December 2004. As of June 2011, detained in Makala Prison in Kinshasa. As of 25 March 2011, the High Military Court in Kinshasa opened a trial against Kakwavu for war crimes.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Former President of UCD/FAPC. FAPC's control of illegal border posts between Uganda and the DRC — a key transit route for arms flows. As President of the FAPC, he exercised influence over policies and command and control over the activities of FAPC forces, which were involved in arms trafficking and, consequently, in violations of the arms embargo. According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children in Ituri in 2002. One of five senior FARDC officers who had been accused of serious crimes involving sexual violence and whose cases the Security Council had brought to the Government's attention during its visit in 2009. Given the rank of General in the FARDC in December 2004. As of June 2011, detained in Makala Prison in Kinshasa. On 25 March 2011, the High Military Court in Kinshasa opened a trial against Kakwavu for war crimes.

6.

Germain KATANGA

Nationality: Congolese. Date of UN designation: 1 November 2005. Other information: Appointed General in the FARDC in December 2004. Handed over by the Government of the DRC to the International Criminal Court on 18 October 2007. His trial began in November 2009.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

FRPI chief. Involved in weapons transfers, in violation of the arms embargo. According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children in Ituri from 2002 to 2003. Appointed General in the FARDC in December 2004. Handed over by the Government of the DRC to the International Criminal Court on 18 October 2007. His trial began in November 2009.

7.

Thomas LUBANGA

Place of Birth: Ituri, DRC. Nationality: Congolese. Date of UN designation: 1 November 2005. Other information: Arrested in Kinshasa in March 2005 for UPC/L involvement in human rights abuses violations. Transferred to the ICC on 17 March 2006. Convicted by the ICC in March 2012 and sentenced to 14 years in prison. Has appealed the court's ruling.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

President of the UPC/L, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo. According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children in Ituri from 2002 to 2003. Arrested in Kinshasa in March 2005 for UPC/L involvement in human rights abuses violations. Transferred to the ICC by the DRC authorities on 17 March 2006. His trial began in January 2009 and is due to close in 2011. Convicted by the ICC in March 2012 and sentenced to 14 years in prison. Has appealed the court's ruling.

8.

Sultani MAKENGA (alias: a) Makenga, Colonel Sultani, b) Makenga, Emmanuel Sultani)

Date of Birth: 25 December 1973. Place of Birth: Rutshuru, DRC. Nationality: Congolese. Date of UN designation: 13 November 2012. Other information: A military leader of the Mouvement du 23 Mars (M23) group operating in the Democratic Republic of the Congo.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Sultani Makenga is a military leader of the Mouvement du 23 Mars (M23) group operating in the Democratic Republic of the Congo (DRC). As a leader of M23 (also known as the Congolese Revolutionary Army), Sultani Makenga has committed and is responsible for serious violations of international law involving the targeting of women and children in situations of armed conflict, including killing and maiming, sexual violence, abduction, and forced displacement. He has also been responsible for violations of international law related to M23's actions in recruiting or using children in armed conflict in the DRC. Under the command of Sultani Makenga, M23 has carried out extensive atrocities against the civilian population of the DRC. According to testimonies and reports, the militants operating under the command of Sultani Makenga have conducted rapes throughout Rutshuru territory against women and children, some of whom have been as young as 8 years old, as part of a policy to consolidate control in Rutshuru territory. Under Makenga's command, M23 has conducted extensive forced recruitment campaigns of children in the DRC and in the region, as well as killing, maiming, and injuring scores of children. Many of the forced child recruits have been under the age of 15. Makenga has also been reported to be the recipient of arms and related materiel in violation of measures taken by the DRC to implement the arms embargo, including domestic ordinances on the importing and possession of arms and related materiel. Makenga's actions as the leader of M23 have included serious violations of international law and atrocities against the civilian population of the DRC, and have aggravated the conditions of insecurity, displacement, and conflict in the region. A military leader of the Mouvement du 23 Mars (M23) group operating in the Democratic Republic of the Congo.

9.

Khawa Panga MANDRO (alias: a) Kawa Panga, b) Kawa Panga Mandro, c) Kawa Mandro, d) Yves Andoul Karim, e) Yves Khawa Panga Mandro, f) Mandro Panga Kahwa, g)“Chief Kahwa”, h)“Kawa”)

Date of Birth: 20 August 1973. Place of Birth: Bunia, DRC. Nationality: Congolese. Date of UN designation: 1 November 2005. Other information: Placed in prison in Bunia in April 2005 for sabotage of the Ituri peace process. Arrested by Congolese authorities in October 2005, acquitted by the Court of Appeal in Kisangani, subsequently transferred to the judicial authorities in Kinshasa on new charges of crimes against humanity, war crimes, murder, aggravated assault and battery. As of June 2011 detained at Makala Central Prison, Kinshasa.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Ex-President of PUSIC, one of the armed groups and militia referred to in paragraph 20 of Res. 1493 (2003) involved in arms trafficking, in violation of the arms embargo. According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children from 2001 to 2002. Placed in prison in Bunia in April 2005 for sabotage of the Ituri peace process. Arrested by Congolese authorities in October 2005, acquitted by the Court of Appeal in Kisangani, subsequently transferred to the judicial authorities in Kinshasa on new charges of crimes against humanity, war crimes, murder, aggravated assault and battery. As of June 2011 detained at Makala Central Prison, Kinshasa.

10.

Callixte MBARUSHIMANA

Date of Birth: 24 July 1963. Place of Birth: Ndusu/Ruhengeri, Northern Province, Rwanda. Nationality: Rwandan. Date of UN designation: 3 March 2009. Other information: Arrested in Paris on 3 October 2010 under ICC warrant for war crimes and crimes against humanity committed by FDLR troops in the Kivus in 2009 and transferred to The Hague on 25 January 2011.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Executive Secretary of the FDLR and Vice-President of the FDLR military high command until his arrest. Political/Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, per Security Council resolution 1857 (2008) OP 4 (b). Arrested in Paris on 3 October 2010 under ICC warrant for war crimes and crimes against humanity committed by FDLR troops in the Kivus in 2009 and transferred to The Hague on 25 January 2011.

11.

Iruta Douglas MPAMO (alias: a) Doulas Iruta Mpamo, b) Mpano)

Address: Gisenyi, Rwanda (As of June 2011). Date of Birth: a) 28 December 1965, b) 29 December 1965. Place of Birth: a) Bashali, Masisi, DRC, b) Goma, DRC, c) Uvira, DRC. Nationality: Congolese. Date of UN designation: 1 November 2005. Other information: No known occupation since two of the planes managed by Great Lakes Business Company (GLBC) crashed.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Owner/Manager of the Compagnie Aérienne des Grands Lacs and of Great Lakes Business Company, whose aircraft were used to provide assistance to armed groups and militias referred to in paragraph 20 of Res. 1493 (2003). Also responsible for disguising information on flights and cargo apparently to allow for the violation of the arms embargo. No known occupation since two of the planes managed by Great Lakes Business Company (GLBC) crashed.

12.

Sylvestre MUDACUMURA (alias: a) Mupenzi Bernard, b) General Major Mupenzi, c) General Mudacumura, d) Radja)

Address: Kikoma forest, near Bogoyi, Walikale, North Kivu, DRC (As of June 2011). Nationality: Rwandan. Date of UN designation: 1 November 2005. Other information: Military commander of FDLR-FOCA, also political 1st Vice-President and head of FOCA High Command, thus combining overall military and political command functions since the arrests of FDLR leaders in Europe.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

FDLR commander, exercising influence over policies, and maintaining command and control over the activities of FDLR forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in trafficking of arms, in violation of the arms embargo. Mudacumura (or staff) was in telephone communication with FDLR leader Murwanashyaka in Germany, including at the time of the Busurungi Massacre May 2009, and military commander Major Guillaume during Umoja Wetu and Kimia II operations in 2009. According to the Office of the SRSG on Children and Armed Conflict, he was responsible for 27 cases of recruitment and use of children by troops under his command in North Kivu from 2002 to 2007. Military commander of FDLR-FOCA, also political 1st Vice-President and head of FOCA High Command, thus combining overall military and political command functions since the arrests of FDLR leaders in Europe.

13.

Leodomir MUGARAGU (alias: a) Manzi Leon, b) Leo Manzi)

Address: FDLR HQ at Kikoma forest, Bogoyi, Walikale, North Kivu, DRC (As of June 2011). Date of Birth: a) 1954 b) 1953. Place of Birth: a) Kigali, Rwanda b) Rushashi, Northern Province, Rwanda. Nationality: Rwandan. Date of UN designation: 1 December 2010. Other information: FDLR-FOCA Chief of Staff, in charge of administration.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

According to open-source and official reporting, Leodomir Mugaragu is the Chief of Staff of the Forces Combattantes Abucunguzi/Combatant Force for the Liberation of Rwanda (FOCA), the FDLR's armed wing. According to official reporting Mugaragu is a senior planner for FDLR's military operations in the eastern DRC. FDLR-FOCA Chief of Staff, in charge of administration.

14.

Leopold MUJYAMBERE (alias: a) Musenyeri, b) Achille, c) Frere Petrus Ibrahim)

Address: Nyakaleke (south-east of Mwenga), South Kivu, DRC. Date of Birth: a) 17 March 1962, b) Approximately 1966. Place of Birth: Kigali, Rwanda. Nationality: Rwandan. Date of UN designation: 3 March 2009. Other information: As of June 2011, Commander of the South Kivu operational sector now called “Amazon” of FDLR/FOCA.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Commander of the Second Division of FOCA/the Reserve Brigades (an FDLR armed branch). Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, in violation of Security Council resolution 1857 (2008) OP 4 (b). In evidence collated by the UNSC DRC Sanctions Committee Group of Experts, detailed in its report of 13 February 2008, girls recovered from FDLR-FOCA had previously been abducted and sexually abused. Since mid-2007, FDLR-FOCA, which previously recruited boys in their mid to late teens, has been forcefully recruiting youth from the age of 10 years. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, in violation of Security Council resolution 1857 (2008) OP4 (d) and (e). As of June 2011, Commander of the South Kivu operational sector now called “Amazon” of FDLR-FOCA.

15.

Jamil MUKULU (alias: a) Steven Alirabaki, b) David Kyagulanyi, c) Musezi Talengelanimiro, d) Mzee Tutu, e) Abdullah Junjuaka, f) Alilabaki Kyagulanyi, g) Hussein Muhammad, h) Nicolas Luumu, i) Professor Musharaf, j) Talengelanimiro)

Designation: a) Head of the Allied Democratic Forces (ADF), b) Commander, Allied Democratic Forces. Date of Birth: a) 1965, b) 1 January 1964. Place of Birth: Ntoke Village, Ntenjeru Sub County, Kayunga District, Uganda. Nationality: Ugandan. Date of UN designation: 12 October 2011.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

According to open-source and official reporting, including the UNSC DRC Sanctions Committee's Group of Experts' reports, Mr Jamil Mukulu is the military leader of the Allied Democratic Forces (ADF), a foreign armed group operating in the DRC that impedes the disarmament and voluntary repatriation or resettlement of ADF combatants, as described in paragraph 4 (b) of resolution 1857 (2008). The UNSC DRC Sanction Committee's Group of Experts has reported that Mukulu has provided leadership and material support to the ADF, an armed group operating in the territory of the DRC. According to multiple sources including the UNSC DRC Sanctions Committee's Group of Experts' reports, Jamil Mukulu has also continued to exercise influence over the policies, provided financing, and maintained direct command and control over the activities of, ADF forces in the field, including overseeing links with international terrorist networks.

16.

Ignace MURWANASHYAKA (alias: Dr Ignace)

Title: Dr Date of Birth: 14 May 1963. Place of Birth: a) Butera, Rwanda, b) Ngoma, Butare, Rwanda. Nationality: Rwandan. Date of UN designation: 1 November 2005. Other information: Arrested by German authorities on 17 November 2009. Replaced by Gaston Iamuremye, alias “Rumuli” as President of FDLR-FOCA. Murwanashyaka's trial for war crimes and crimes against humanity committed by FDLR troops in DRC in 2008 and 2009 began on 4 May 2011 in a German court.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

President of the FDLR, and supreme commander of the FDLR armed forces exercising influence over policies, and maintaining command and control over the activities of FDLR forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in trafficking of arms, in violation of the arms embargo. In telephone communication with FDLR military field commanders (including during the Busurungi May 2009 massacre); gave military orders to the high command; involved in coordinating the transfer of arms and ammunition to FDLR units and relaying specific instructions for use; managing large sums of money raised through illicit sale of natural resources in areas of FDLR control. According to the Office of the SRSG on Children and Armed Conflict, he held command responsibility as President and military commander of FDLR for recruitment and use of children by the FDLR in Eastern Congo. Arrested by German authorities on 17 November 2009. Replaced by Gaston Iamuremye, alias “Rumuli” as President of FDLR-FOCA. Murwanashyaka's trial for war crimes and crimes against humanity committed by FDLR troops in DRC in 2008 and 2009 began on 4 May 2011 in a German court.

17.

Straton MUSONI (alias: IO Musoni)

Date of Birth: a) 6 April 1961, b) 4 June 1961. Place of Birth: Mugambazi, Kigali, Rwanda. Nationality: Rwandan. Date of UN designation: 29 March 2007. Other information: Arrested by German authorities on 17 November 2009. Musoni's trial for war crimes and crimes against humanity committed by FDLR troops in DRC in 2008 and 2009 began on 4 May 2011 in a German court. Replaced as 1st Vice-President of the FDLR by Sylvestre Mudacumura.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Through his leadership of the FDLR, a foreign armed group operating in the DRC, Musoni was impeding the disarmament and voluntary repatriation or resettlement of combatants belonging to those groups, in breach of resolution 1649 (2005). Arrested by German authorities on 17 November 2009. Musoni's trial for war crimes and crimes against humanity committed by FDLR troops in DRC in 2008 and 2009 began on 4 May 2011 in a German court. Replaced as 1st Vice-President of the FDLR by Sylvestre Mudacumura.

18.

Jules MUTEBUTSI (alias: a) Jules Mutebusi, b) Jules Mutebuzi, c) Colonel Mutebutsi)

Date of Birth: 1964. Place of Birth: Minembwe, South Kivu, DRC. Nationality: Congolese. Date of UN designation: 1 November 2005. Other information: Former FARDC Deputy Military Regional Commander of 10th Military Region in April 2004, dismissed for indiscipline. In December 2007, he was arrested by Rwandan authorities when he tried to cross the border into the DRC. He has lived since in semi-liberty in Kigali (not authorized to leave the country).

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Joined forces with other renegade elements of former RCD-G to take town of Bukavu in May2004 by force. Implicated in the receipt of weapons outside of FARDC structures and provision of supplies to armed groups and militia mentioned in paragraph 20 of Res. 1493 (2003), in violation of the arms embargo. Former FARDC Deputy Military Regional Commander of 10th Military Region in April 2004, dismissed for indiscipline. In December 2007, he was arrested by Rwandan authorities when he tried to cross the border into the DRC. He has lived since in semi-liberty in Kigali (not authorized to leave the country).

19.

Baudoin NGARUYE WA MYAMURO (alias: Colonel Baudoin Ngaruye)

Title: Military leader of the Mouvement du 23 Mars (M23). Designation: Brigadier General. Address: Rubavu/Mudende, Rwanda. Date of Birth: a) 1 April 1978 b) 1978. Place of Birth: a) Bibwe, DRC b) Lusamambo, Lubero territory, DRC. Nationality: Congolese. National identification no: FARDC ID 1-78-09-44621-80. Date of UN designation: 30 November 2012. Other information: Entered the Republic of Rwanda on 16.03.2013 at Gasizi/Rubavu.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

In April 2012, Ngaruye commanded the ex-CNDP mutiny, known as the Mouvement du 23 Mars (M23), under the orders of General Ntaganda. He is currently the third highest ranking military commander within the M23. The Group of experts on the DRC previously recommended him for designation in 2008 and 2009. He is responsible for and has committed severe violations of human rights and international law. He recruited and trained hundreds of children between 2008 and 2009 and then towards the end of 2010 for the M23. He has committed killing, maiming and abductions, often targeting women. He is responsible for executions and torture of deserters within the M23. In 2009 within the FARDC, he gave the orders to kill all men in Shalio village of Walikale. He also provided weapons, munitions and salaries in Masisi and Walikale under the direct orders from Ntaganda. In 2010 he orchestrated the forced displacement and expropriation of populations in the area of Lukopfu. He has also been extensively involved in criminal networks within the FARDC deriving profits from the mineral trade which led to tensions and violence with Colonel Innocent Zimurinda in 2011. Entered the Republic of Rwanda on 16.03.2013 at Gasizi/Rubavu.

20.

Mathieu, Chui NGUDJOLO (alias: Cui Ngudjolo)

Date of UN designation: 1 November 2005. Other information: Arrested by MONUC in Bunia in October 2003. Surrendered by the Government of the DRC to the International Criminal Court on 7 February 2008. Acquitted of all charges by the ICC in December 2012. After being released from custody, was detained by Dutch authorities, and has filed a claim for asylum in the Netherlands.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Chief of Staff and former Chief of Staff of the FRPI, exercising influence over policies and maintaining command and control the activities of FRPI forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), responsible for trafficking of arms, in violation of the arms embargo. According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children under 15 years old in Ituri in 2006. Arrested by MONUC in Bunia in October 2003. Surrendered by the Government of the DRC to the International Criminal Court on 7 February 2008. Acquitted of all charges by the ICC in December 2012. After being released from custody, was detained by Dutch authorities, and has filed a claim for asylum in the Netherlands.

21.

Floribert Ngabu NJABU (alias: a) Floribert Njabu Ngabu, b) Floribert Ndjabu, c) Floribert Ngabu Ndjabu)

Date of UN designation: 1 November 2005. Other information: Under house arrest in Kinshasa since March 2005 for FNI involvement in human rights abuses. Transferred to The Hague on 27 March 2011 to testify in the ICC Germain Katanga and Mathieu Ngudjolo trials. Applied for asylum in the Netherlands in May 2011. In October 2012, a Dutch court denied his asylum claim; the case is currently on appeal.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

President of FNI, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo. Under house arrest in Kinshasa since March 2005 for FNI involvement in human rights abuses. Transferred to The Hague on 27 March 2011 to testify in the ICC Germain Katanga and Mathieu Ngudjolo trials. Applied for asylum in the Netherlands in May 2011. In October 2012, a Dutch court denied his asylum claim; the case is currently on appeal.

22.

Laurent NKUNDA (alias: a) Nkunda Mihigo Laurent, b) Laurent Nkunda Bwatare, c) Laurent Nkundabatware, d) Laurent Nkunda Mahoro Batware, e) Laurent Nkunda Batware, f) Chairman, g) General Nkunda, h) Papa Six)

Date of Birth: a) 6 February 1967 b) 2 February 1967. Place of Birth: Rutshuru, North Kivu, DRC. Nationality: Congolese. Date of UN designation: 1 November 2005. Other information: Former RCD-G General. Founder, National Congress for the People's Defense, 2006; Senior Officer, Rally for Congolese Democracy-Goma (RCD-G), 1998-2006; Officer Rwandan Patriotic Front (RPF), 1992-1998. Laurent Nkunda was arrested by Rwandan authorities in Rwanda in January 2009 and replaced as the commander of the CNDP. Since then, he has been under house arrest in Kigali, Rwanda. DRC Government's request to extradite Nkunda for crimes committed in eastern DRC has been refused by Rwanda. In 2010, Nkunda's appeal for illegal detention was rejected by Rwandan court in Gisenyi, ruling that the matter should be examined by a military court. Nkunda's lawyers initiated a procedure with the Rwandan Military Court. Retains some influence over certain elements of the CNDP.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Joined forces with other renegade elements of former RCD-G to take Bukavu in May 04 by force. In receipt of weapons outside of FARDC in violation of the arms embargo. According to the Office of the SRSG on Children and Armed Conflict, he was responsible for 264 cases of recruitment and use of children by troops under his command in North Kivu from 2002 to 2009. Former RCD-G General. Founder, National Congress for the People's Defense, 2006; Senior Officer, Rally for Congolese Democracy-Goma (RCD-G), 1998-2006; Officer Rwandan Patriotic Front (RPF), 1992-1998. Laurent Nkunda was arrested by Rwandan authorities in Rwanda in January 2009 and replaced as the commander of the CNDP. Since then, he has been under house arrest in Kigali, Rwanda. DRC Government's request to extradite Nkunda for crimes committed in eastern DRC has been refused by Rwanda. In 2010, Nkunda's appeal for illegal detention was rejected by Rwandan court in Gisenyi, ruling that the matter should be examined by a military court. Nkunda's lawyers initiated a procedure with the Rwandan Military Court. Retains some influence over certain elements of the CNDP.

23.

Felicien NSANZUBUKIRE (alias: Fred Irakeza)

Designation: 1st battalion leader of the FDLR/FOCA, based in the Uvira-Sange area of South Kivu. Address: Magunda, Mwenga territory, South Kivu, DRC (As of June 2011). Date of Birth: 1967. Place of Birth: a) Murama, Kigali, Rwanda, b) Rubungo, Kigali, Rwanda, c) Kinyinya, Kigali, Rwanda. Nationality: Rwandan. Date of UN designation: 1 December 2010. Other information: A member of the FDLR since at least 1994 and operating in eastern DRC since October 1998.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Felicien Nsanzubukire supervised and coordinated the trafficking of ammunition and weapons between at least November 2008 and April 2009 from the United Republic of Tanzania, via Lake Tanganyika, to FDLR units based in the Uvira and Fizi areas of South Kivu. 1st battalion leader of the FDLR-FOCA, based in the Uvira-Sange area of South Kivu. A member of the FDLR since at least 1994 and operating in eastern DRC since October 1998.

24.

Pacifique NTAWUNGUKA (alias: a) Pacifique Ntawungula, b) Colonel Omega, c) Nzeri, d) Israel)

Designation: Commander, Operational Sector North Kivu “SONOKI” of FDLR-FOCA. Address: Matembe, North Kivu, DRC (As of June 2011). Date of Birth: a) 1 January 1964, b) Approximately 1964. Place of Birth: Gaseke, Gisenyi Province, Rwanda. Nationality: Rwandan. Date of UN designation: 3 March 2009. Other information: Received military training in Egypt.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Commander of the First Division of FOCA (FDLR armed wing). Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, in violation of Security Council resolution 1857 (2008) OP 4 (b). In evidence collated by the UNSC DRC Sanctions Committee Group of Experts, detailed in its report of 13 February 2008, girls recovered from FDLR-FOCA had previously been abducted and sexually abused. Since mid-2007, FDLR-FOCA, which previously recruited boys in their mid to late teens, has been forcefully recruiting youth from the age of 10 years. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, in violation of Security Council resolution 1857 (2008) OP4 (d) and (e). Received military training in Egypt.

25.

James NYAKUNI

Nationality: Ugandan. Date of UN designation: 1 November 2005.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Trade partnership with Jérôme Kakwavu, particularly smuggling across the DRC/Uganda border, including suspected smuggling of weapons and military material in unchecked trucks. Violation of the arms embargo and provision of assistance to armed groups and militia referred to in paragraph 20 of Res. 1493 (2003), including financial support that allows them to operate militarily.

26.

Stanislas NZEYIMANA (alias: a) Deogratias Bigaruka Izabayo, b) Izabayo Deo, c) Jules Mateso Mlamba, d) Bigaruka, e) Bigurura)

Designation: Deputy commander of the FDLR-FOCA. Address: Mukobervwa, North Kivu, DRC (As of June 2011.). Date of Birth: a) 1 January 1966 b) 28 August 1966 c) Approximately 1967. Place of Birth: Mugusa, Butare, Rwanda. Nationality: Rwandan. Date of UN designation: 3 March 2009.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Deputy Commander of the FOCA (an FDLR armed branch). Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, in violation of Security Council resolution 1857 (2008) OP 4 (b). In evidence collated by the UNSC DRC Sanctions Committee Group of Experts, detailed in its report of 13 February 2008, girls recovered from FDLR-FOCA had previously been abducted and sexually abused. Since mid-2007, FDLR-FOCA, which previously recruited boys in their mid to late teens, has been forcefully recruiting youth from the age of 10 years. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, in violation of Security Council resolution 1857 (2008) OP4 (d) and (e).

27.

Dieudonné OZIA MAZIO (alias: a) Ozia Mazio, b) Omari, c) Mr Omari)

Date of Birth: 6 June 1949. Place of Birth: Ariwara, DRC. Nationality: Congolese. Date of UN designation: 1 November 2005. Other information: While president of the Fédération des entreprises congolaises (FEC) in Aru territory, Dieudonné Ozia Mazio is believed to have died in Ariwara on 23 September 2008.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Financial schemes with Jerome Kakwavu and FAPC and smuggling across the DRC/Uganda border, allowing supplies and cash to be made available to Kakwavu and his troops. Violation of the arms embargo, including by providing assistance to armed groups and militia referred to in paragraph 20 of Res. 1493 (2003). While president of the Fédération des entreprises congolaises (FEC) in Aru territory, Dieudonné Ozia Mazio is believed to have died in Ariwara on 23 September 2008.

28.

Jean-Marie Lugerero RUNIGA (alias: Jean-Marie Rugerero)

Designation: M23, President. Address: Rubavu/Mudende, Rwanda. Date of Birth: a) Approximately 1960, b) 9 September 1966. Place of Birth: Bukavu, DRC. Date of UN designation: 31 December 2012. Other information: Entered the republic of Rwanda on 16 March 2013, at Gasizi/Rubavu.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

A July 9, 2012 document signed by M23 leader Sultani Makenga named Runiga as the coordinator of the political wing of M23. According to the document, Runiga's appointment was prompted by the need to ensure the visibility of the M23 cause. Runiga is named as the “President” of the M23 in postings on the group's website. His leadership role is corroborated by the November 2012 Group of Experts report, which refers to Runiga as the “leader of the M23”. According to a December 13, 2012 Associated Press article, Runiga showed the Associated Press a list of demands that he said will be presented to the Congolese government. Included in the demands are the resignation of Kabila and the dissolution of the national assembly. Runiga indicated that if given the opportunity, M23 could retake Goma. “And at this time we will not retreat,” Runiga told the Associated Press. He also indicated that M23's political branch should resume its control of Goma as a precondition to negotiations. “I think our members who are in Kampala represent us. In due time I will be there, too. I am waiting for things to be organized and when Kabila will be there, I will go, too,” Runiga said. According to a November 26, 2012 Le Figaro article, Runiga met with DRC President Kabila on November 24, 2012 to begin discussions. Separately, in an interview with Le Figaro, Runiga stated, “M23 is composed primarily of former FARDC military members who defected to protest the non-respect of the March 23, 2009 accords.” He added, “M23's soldiers are deserters from the army who left with their arms in hand. Recently, we recovered a lot of equipment from a military base in Bunagana. For the moment, this allows us to regain territory each day and to repel all the attacks from the FARDC.Our revolution is Congolese, led by the Congolese, for the Congolese people.” According to a November 22, 2012 Reuters article, Runiga stated that M23 had the capacity to hang on to Goma after M23's forces were bolstered by mutinying Congolese soldiers from the FARDC: “Firstly we have a disciplined army, and also we have the FARDC soldiers who've joined us. They're our brothers, they'll be retrained and recycled then we'll work with them.” According to a November 27, 2012 article published in The Guardian, Runiga indicated that M23 would refuse to obey a call by regional leaders of the International Conference of the Great Lakes to leave Goma in order to pave the way for peace talks. Instead, Runiga stated that M23's withdrawal from Goma would be the result, not a precondition, of negotiation. According to the 15 November 2012 Final Report of the Group of Experts, Runiga led a delegation that travelled to Kampala, Uganda on July 29, 2012 and finalized the M23 movement's 21-point agenda ahead of anticipated negotiations at the International Conference on the Great Lakes Region. According to a November 23, 2012 BBC article, M23 was formed when former members of the CNDP who had been integrated into the FARDC began to protest against bad conditions and pay, and lack of full implementation of the March 23, 2009 peace deal between the CNDP and the DRC that led to the CNDP's integration into the FARDC. M23 has been engaged in active military operations in order to take control of territory in eastern DRC, according to the November 2012 IPIS report. M23 and FARDC fought over control of several towns and villages in eastern DRC on July 24 and July 25, 2012; M23 attacked the FARDC in Rumangabo on July 26, 2012; M23 drove FARDC from Kibumba on November 17, 2012; and M23 took control of Goma on November 20, 2012. According to the November 2012 Group of Experts report, several ex-M23 combatants claim that M23 leaders summarily executed dozens of children who attempted to escape after being recruited as M23 child soldiers. According to a September 11, 2012 report by Human Rights Watch (HRW), a Rwandan man, 18, who escaped after being forcibly recruited in Rwanda told HRW that he witnessed the execution of a 16-year old boy from his M23 unit who had tried to flee in June. The boy was captured and beaten to death by M23 fighters in front of the other recruits. An M23 commander who ordered his killing then allegedly told the other recruits “[h]e wanted to abandon us,” as an explanation for why the boy had been killed. The report also states that witnesses claimed that at least 33 new recruits and other M23 fighters were summarily executed when they attempted to flee. Some were tied up and shot in front of other recruits as an example of the punishment they could receive. One young recruits told HRW, “[w]hen we were with M23, they said [we had a choice] and could stay with them or we could die. Lots of people tried to escape. Some were found and then that was immediately their death.” Entered the Republic of Rwanda on 16 March 2013, at Gasizi/Rubavu.

29.

Ntabo Ntaberi SHEKA

Designation: Commander-in-Chief, Nduma Defence of Congo, Mayi Mayi Sheka group. Date of Birth: 4 April 1976. Place of Birth: Walikalele territory, DRC. Nationality: Congolese. Date of UN designation: 28 November 2011.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Ntabo Ntaberi Sheka, Commander-in-Chief of the political branch of the Mayi Mayi Sheka, is the political leader of a Congolese armed group that impedes the disarmament, demobilization, or reintegration of combatants. The Mayi Mayi Sheka is a Congo-based militia group that operates from bases in Walikale territory in eastern Democratic Republic of the Congo. The Mayi Mayi Sheka group has carried out attacks on mines in eastern Democratic Republic of the Congo, including taking over the Bisiye mines and extorting from locals. Ntabo Ntaberi Sheka has also committed serious violations of international law involving the targeting of children. Ntabo Ntaberi Sheka planned and ordered a series of attacks in Walikale territory from 30 July to 2 August, 2010, to punish local populations accused of collaborating with Congolese Government forces. In the course of the attacks, children were raped and were abducted, subjected to forced labour and subjected to cruel, inhumane or degrading treatment. The Mayi Mayi Sheka militia group also forcibly recruits boys and holds children in their ranks from recruitment drives.

30.

Bosco TAGANDA (alias: a) Bosco Ntaganda, b) Bosco Ntagenda, c) General Taganda, d) Lydia, e) Terminator, f) Tango Romeo (Call sign), g) Romeo (Call sign), h) Major)

Address: Goma, DRC (As of June 2011). Date of Birth: Between 1973 and 1974. Place of Birth: Bigogwe, Rwanda. Nationality: Congolese. Date of UN designation: 1 November 2005. Other information: Born in Rwanda, he moved to Nyamitaba, Masisi territory, North Kivu, when he was a child. Nominated FARDC Brigadier-General by Presidential Decree on 11 December 2004, following Ituri peace agreements. Formerly Chief of Staff in CNDP and became CNDP military commander since the arrest of Laurent Nkunda in January 2009. Since January 2009, de facto Deputy Commander of consecutive anti-FDLR operations “Umoja Wetu”, “Kimia II”, and “Amani Leo” in North and South Kivu. Entered Rwanda in March 2013, and voluntarily surrender to ICC officials in Kigali on March 22. Transferred to the ICC in The Hague, where he was read the charges against him in an initial appearance hearing on March 26.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

UPC/L military commander, exercising influence over policies and maintaining command and control over the activities of UPC/L, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo. He was appointed General in the FARDC in December 2004 but refused to accept the promotion, therefore remaining outside of the FARDC. According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children in Ituri in 2002 and 2003, and 155 cases of direct and/or command responsibility for recruitment and use of children in North Kivu from 2002 to 2009. As CNDP Chief of Staff, had direct and command responsibility for the massacre at Kiwanja (November 2008). Born in Rwanda, he moved to Nyamitaba, Masisi territory, North Kivu, when he was a child. As of June 2011, he resides in Goma and owns large farms in Ngungu area, Masisi territory, North Kivu. Nominated FARDC Brigadier-General by Presidential Decree on 11 December 2004, following Ituri peace agreements. Formerly Chief of Staff in CNDP and became CNDP military commander since the arrest of Laurent Nkunda in January 2009. Since January 2009, de facto Deputy Commander of consecutive anti-FDLR operations “Umoja Wetu”, “Kimia II”, and “Amani Leo” in North and South Kivu. Entered Rwanda in March 2013, and voluntarily surrender to ICC officials in Kigali on March 22. Transferred to the ICC in The Hague, where he was read the charges against him in an initial appearance hearing on March 26.

31.

Innocent ZIMURINDA (alias: Zimulinda)

Designation: a) M23, Bde Comd, Rank: Colonel, b) Colonel in the FARDC. Address: Rubavu, Mudende. Date of Birth: a) 1 September 1972, b) Approximately 1975, c) 16 March 1972. Place of Birth: a) Ngungu, Masisi territory, North Kivu, DRC, b) Masisi, DRC. Nationality: Congolese. Date of UN designation: 1 December 2010. Other information: Integrated in the FARDC in 2009 as a Lieutenant Colonel, brigade commander in FARDC Kimia II Ops, based in Ngungu area. In July 2009, Zimurinda was promoted to full Colonel and became FARDC Sector commander in Ngungu and subsequently in Kitchanga in FARDC Kimia II and Amani Leo Operations. Whereas Zimurinda did not appear in the 31 December 2010 DRC Presidential ordinance nominating high FARDC officers, Zimurinda de facto maintained his command position of FARDC 22nd sector in Kitchanga and wears the newly issued FARDC rank and uniform. He remains loyal to Bosco Ntaganda. In December 2010, recruitment activities carried out by elements under the command of Zimurinda were denounced in open source reports. Entered the Republic of Rwanda on 16 March 2013, at Gasizi/Rubavu.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

According to multiple sources, LTL Col Innocent Zimurinda, in his capacity as one of the commanders of the FARDC 231st Brigade, gave orders that resulted in the massacre of over 100 Rwandan refugees, mostly women and children, during an April 2009 military operation in the Shalio area. The UNSC DRC Sanctions Committee's Group of Experts reported that LTL Col Innocent Zimurinda was witnessed first-hand refusing to release three children from his command in Kalehe, on August 29, 2009. According to multiple sources, LTL Col Innocent Zimurinda, prior to the CNDP's integration into FARDC, participated in a November 2008 CNDP operation that resulted in the massacre of 89 civilians, including women and children, in the region of Kiwanja. In March 2010, 51 human rights groups working in eastern DRC alleged that Zimurinda was responsible for multiple human rights abuses involving the murder of numerous civilians, including women and children, between February 2007 and August 2007. LTL Col Innocent Zimurinda was accused in the same complaint of responsibility for the rape of a large number of women and girls. According to a May 21, 2010, statement by the Special Representative of the Secretary-General for Children and Armed Conflict, Innocent Zimurinda has been involved in the arbitrary execution of child soldiers, including during operation Kimia II. According to the same statement, he denied access by the UN Mission in the DRC (MONUC) to screen troops for minors. According to the UNSC DRC Sanctions Committee's Group of Experts, LTL Col Zimurinda holds direct and command responsibility for child recruitment and for maintaining children within troops under his command. Integrated in the FARDC in 2009 as a Lieutenant Colonel, brigade commander in FARDC Kimia II Ops, based in Ngungu area. In July 2009, Zimurinda was promoted to full Colonel and became FARDC Sector commander in Ngungu and subsequently in Kitchanga in FARDC Kimia II and Amani Leo Operations. Whereas Zimurinda did not appear in the 31 December 2010 DRC Presidential ordinance nominating high FARDC officers, Zimurinda de facto maintained his command position of FARDC 22nd sector in Kitchanga and wears the newly issued FARDC rank and uniform. He remains loyal to Bosco Ntaganda. In December 2010, recruitment activities carried out by elements under the command of Zimurinda were denounced in open source reports. Entered the Republic of Rwanda on 16 March 2013, at Gasizi/Rubavu.

b)   

List of entities referred to in Articles 3, 4 and 5.

1.

ADF (alias: a) Forces Democratiques Alliees-Armee Nationale de Liberation de l'Ouganda, b) ADF/NALU, c) Islamic Alliance of Democratic Forces)

Address: North Kivu Province, Democratic Republic of the Congo. Date of UN designation: 30 June 2014.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

The Allied Democratic Forces (“ADF”) was created in 1995 and is located in the mountainous DRC-Uganda border area. According to the United Nations Group of Experts on the Democratic Republic of the Congo's (“GOE”) 2013 final report, citing Ugandan officials and UN sources, in 2013 the ADF had an estimated strength of 1 200 to 1 500 armed fighters located in north-east Beni Territory of North Kivu province, close to the border with Uganda. These same sources estimate ADF's total membership — including women and children — to be between 1 600 and 2 500. Due to offensive military operations by the Congolese Armed Forces (FARDC) and the UN Organization Stabilization Mission in the DRC (MONUSCO) conducted in 2013 and 2014, ADF has dispersed its fighters to numerous smaller bases, and moved women and children to areas west of Beni, and along the Ituri-North Kivu border. The ADF's military commander is Hood Lukwago and its supreme leader is the sanctioned individual Jamil Mukulu.

The ADF has committed serious violations of international law and UNSCR 2078 (2012), including as detailed below.

The ADF has recruited and used child soldiers in violation of applicable international law (UNSCR paragraph 4 (d))

The GOE's 2013 final report stated that the GOE interviewed three former ADF fighters who had escaped during 2013 and who described how ADF recruiters in Uganda lure people to the DRC with false promises of employment (for adults) and free education (for children) and then force them to join the ADF. Also according to the GOE's report, former ADF fighters told the GOE that the ADF's training groups typically include adult men and boys and two boys who escaped from the ADF in 2013 told the GOE that they had received military training from the ADF. The GOE report also includes an account of ADF's training by a “former ADF child soldier”.

According to the GOE's 2012 final report, the ADF recruits include children, as exemplified by the case of an ADF recruiter who was captured by Ugandan authorities in Kasese with six young boys on his way to the DRC in July 2012.

A specific example of the ADF's recruitment and use of children is seen in a 6 January 2009 letter from the former Africa Director for Human Rights Watch, Georgette Gagnon, to Uganda's former Minister of Justice, Kiddhu Makubuyu, stating that a boy named Bushobozi Irumba was abducted at 9 years of age by the ADF in 2000. He was required to provide transport and other services to ADF fighters.

In addition, “The Africa Report” cited allegations that the ADF is allegedly recruiting children as young as 10 years of age as child soldiers and cited a Uganda People's Defence Force (UPDF) spokesperson as stating that the UPDF rescued 30 children from a training camp on Buvuma Island in Lake Victoria.

The ADF has also committed numerous violations of international human rights and international humanitarian law against women and children, including killing, maiming, and sexual violence (UNSCR paragraph 4 (e)).

According to the GOE 2013 final report, in 2013 the ADF attacked numerous villages, which prompted more than 66 000 people to flee into Uganda. These attacks depopulated a large area, which ADF has since controlled by abducting or killing people who return to their villages. Between July and September 2013, ADF decapitated at least five people in the Kamango area, shot several others, and kidnapped dozens more. These actions terrorized the local population and deterred people from returning home.

The Global Horizontal Note, a monitoring and reporting mechanism of grave violations against children in situations of armed conflict, reported to the Security Council's Working Group on Children and Armed Conflict (CAAC) that during the October to December 2013 reporting period, ADF was responsible for 14 of the 18 child casualties documented, including in an incident on 11 December 2013, in Beni territory, North Kivu, when ADF attacked the village of Musuku, killing 23 people, including 11 children (three girls and eight boys), aged 2 months to 17 years. All victims had all been severely mutilated with machetes, including two children who survived the attack.

The March 2014 Report of the Secretary-General on Conflict Related Sexual Violence identifies the “Allied Democratic Forces — National Army for the Liberation of Uganda” on its list of “Parties credibly suspected of committing or being responsible for rape or other forms of sexual violence in situations of armed conflict.”

The ADF has also participated in attacks against MONUSCO peacekeepers (UNSCR paragraph 4 (i)).

Finally, the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) reported that ADF has conducted at least two attacks on MONUSCO peacekeepers. The first, on 14 July 2013, was an attack on a MONUSCO patrol on the road between Mbau and Kamango. This attack is detailed in the 2013 GOE final report. The second attack occurred on March 3, 2014. A MONUSCO vehicle was attacked with grenades ten kilometers from the Mavivi airport in Beni, resulting in injuries to five peacekeepers.

2.

BUTEMBO AIRLINES (BAL)

Address: Butembo, DRC. Date of UN designation: 29 March 2007. Other information: Privately-owned airline, operates out of Butembo. Since December 2008, BAL no longer holds an aircraft operating license in the DRC.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Kisoni Kambale (deceased on 5 July 2007 and subsequently de-listed on 24 April 2008) used his airline to transport FNI gold, rations and weapons between Mongbwalu and Butembo. This constitutes “provision of assistance” to illegal armed groups in breach of the arms embargo of resolutions 1493 (2003) and 1596 (2005). Privately-owned airline, operates out of Butembo. Since December 2008, BAL no longer holds an aircraft operating license in the DRC.

3.

COMPAGNIE AERIENNE DES GRANDS LACS (CAGL); GREAT LAKES BUSINESS COMPANY (GLBC) (alias: CAGL)

Address: a) Avenue Président Mobutu, Goma, DRC, b) Gisenyi, Rwanda, c) PO BOX 315, Goma, DRC. Date of UN designation: 29 March 2007. Other information: As of December 2008, GLBC no longer had any operational aircraft, although several aircraft continued flying in 2008 despite UN sanctions.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

CAGL and GLBC are companies owned by Douglas MPAMO, an individual already subject to sanctions under resolution 1596 (2005). CAGL and GLBC were used to transport arms and ammunition in violation of the arms embargo of resolutions 1493 (2003) and 1596 (2005). As of December 2008, GLBC no longer had any operational aircraft, although several aircraft continued flying in 2008 despite UN sanctions.

4.

CONGOMET TRADING HOUSE

Address: Butembo, North Kivu. Date of UN designation: 29 March 2007. Other information: No longer exists as a gold trading house in Butembo, North Kivu.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Congomet Trading House (formerly listed as Congocom) was owned by Kisoni Kambale (deceased on 5 July 2007 and subsequently de-listed on 24 April 2008). Kambale acquired almost all the gold production in the Mongbwalu district, which was controlled by the FNI. The FNI derived substantial income from taxes imposed on this production. This constitutes “provision of assistance” to illegal armed groups in breach of the arms embargo of resolutions 1493 (2003) and 1596 (2005). No longer exists as a gold trading house in Butembo, North Kivu.

5.

FORCES DEMOCRATIQUES DE LIBERATION DU RWANDA (FDLR) (alias: a) FDLR, b) Force Combattante Abacunguzi, c) Combatant Force for the Liberation of Rwanda, d) FOCA)

Address: a) North Kivu, DRC b) South Kivu, DRC. Date of UN designation: 31 December 2012. Other information: E-mail: Fdlr@fmx.de; fldrrse@yahoo.fr; fdlr@gmx.net.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

The FDLR is one of the largest foreign armed groups operating in the territory of the DRC. The group was formed in 2000, and has committed serious violations of international law involving the targeting of women and children in armed conflict, including killing and maiming, sexual violence, and forced displacement. According to a 2010 report from Amnesty International, the FDLR were responsible for the killings of ninety-six civilians in Busurungi, Walikale territory. Some of the victims were burned alive in their homes. According to the same source, in June 2010, an NGO medical centre reported around sixty cases a month of girls and women who had been raped in the southern Lubero territory, North-Kivu by armed groups including the FDLR. According to a December 20, 2010 report from Human Rights Watch (HRW), there has been documented evidence of the FDLR actively conducting child recruitment. HRW identified at least 83 Congolese children under the age of 18, some as young as 14, who had been forcibly recruited by the FDLR. In January 2012, HRW reported that FLDR combatants attacked numerous villages in the Masisi territory, killing six civilians, raping two women, and abducting at least 48 people. According to a June 2012 report from HRW, in May 2012 FDLR fighters attacked civilians in Kamananga and Lumenje, in South Kivu province, as well as in Chambucha, Walikale territory, and villages in the Ufumandu area of Masisi territory, North Kivu province. In these attacks, FDLR fighters with machetes and knives hacked to death dozens of civilians, including numerous children. According to the June 2012 Group of Experts Report, the FDLR attacked several villages in South Kivu from December 31, 2011 to January 4, 2012. A United Nations investigation confirmed that at least 33 persons, including 9 children and 6 women, had been killed, either burned alive, decapitated or shot during the attack. In addition, one woman and one girl had been raped. The June 2012 Group of Experts Report also states that a United Nations investigation confirmed that the FDLR massacred at least 14 civilians, including 5 women and 5 children in South Kivu in May 2012. According to the November 2012 Group of Experts report, the UN documented at least 106 incidents of sexual violence committed by the FDLR between December 2011 and September 2012. The November 2012 Group of Experts report notes that, according to a UN investigation, the FDLR raped seven women in the night of 10 March 2012, including a minor, in Kalinganya, Kabare territory. The FDLR attacked the village again on 10 April 2012 and raped three of the women for the second time. The November 2012 Group of Experts report also reports 11 killings by the FDLR in Bushibwambombo, Kalehe on 6 April 2012, and FDLR involvement in 19 further killings in Masisi territory, including five minors and six women, in May. The Mouvement Du 23 Mars (M23) is an armed group operating in the DRC that has been the recipient of arms and related materiel, including advice, training, and assistance related to military activities. Several eyewitness testimonies state that M23 receives general military supplies from the Rwandan Defense Forces (RDF) in the form of weapons and ammunition in addition to materiel support for combat operations. M23 has been complicit in and responsible for committing serious violations of international law involving the targeting of women and children in situations of armed conflict in the DRC including killing and maiming, sexual violence, abduction, and forced displacement. According to numerous reports, investigations, and testimonies from eyewitnesses, M23 has been responsible for carrying out mass killings of civilians, as well as raping women and children throughout various regions of the DRC. Several reports indicate that M23 fighters have carried out 46 rapes against women and girls, the youngest of which was 8 years old. In addition to reports of sexual violence, M23 has also carried out extensive forced recruitment campaigns of children into the ranks of the group. It is estimated that M23 has carried out the forced recruitment of 146 young men and boys in the Rutshuru territory alone in eastern DRC since July 2012. Some of the victims have been as young as 15 years old. The atrocities committed by M23 against the civilian population of the DRC, as well as M23's forced recruitment campaign, and being the recipient of arms and military assistance has dramatically contributed to instability and conflict within the region and in some instances, violated international law.

6.

M23

Date of UN designation: 31 December 2012.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

The Mouvement Du 23 Mars (M23) is an armed group operating in the DRC that has been the recipient of arms and related materiel, including advice, training, and assistance related to military activities. Several eyewitness testimonies state that M23 receives general military supplies from the Rwandan Defense Forces (RDF) in the form of weapons and ammunition in addition to materiel support for combat operations. M23 has been complicit in and responsible for committing serious violations of international law involving the targeting of women and children in situations of armed conflict in the DRC including killing and maiming, sexual violence, abduction, and forced displacement. According to numerous reports, investigations, and testimonies from eyewitnesses, M23 has been responsible for carrying out mass killings of civilians, as well as raping women and children throughout various regions of the DRC. Several reports indicate that M23 fighters have carried out 46 rapes against women and girls, the youngest of which was 8 years old. In addition to reports of sexual violence, M23 has also carried out extensive forced recruitment campaigns of children into the ranks of the group. It is estimated that M23 has carried out the forced recruitment of 146 young men and boys in the Rutshuru territory alone in eastern DRC since July 2012. Some of the victims have been as young as 15 years old. The atrocities committed by M23 against the civilian population of the DRC, as well as M23's forced recruitment campaign, and being the recipient of arms and military assistance has dramatically contributed to instability and conflict within the region and in some instances, violated international law.

7.

MACHANGA LTD

Address: Kampala, Uganda. Date of UN designation: 29 March 2007. Other information: Gold export company (Directors: Mr Rajendra Kumar Vaya and Mr Hirendra M. Vaya). In 2010, assets belonging to Machanga, held in the account of Emirates Gold, were frozen by Bank of Nova Scotia Mocatta (UK). The previous owner of Machanga, Rajendra Kumar, and his brother Vipul Kumar, have remained involved in purchasing gold from eastern DRC.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Machanga bought gold through a regular commercial relationship with traders in the DRC tightly linked to militias. This constitutes “provision of assistance” to illegal armed groups in breach of the arms embargo of resolutions 1493 (2003) and 1596 (2005). Gold export company (Directors: Mr Rajendra Kumar Vaya and Mr Hirendra M. Vaya). In 2010, assets belonging to Machanga, held in the account of Emirates Gold, were frozen by Bank of Nova Scotia Mocatta (UK). The previous owner of Machanga, Rajendra Kumar, and his brother Vipul Kumar, have remained involved in purchasing gold from eastern DRC.

8.

TOUS POUR LA PAIX ET LE DEVELOPPEMENT (NGO) (alias: TPD)

Address: Goma, North Kivu, DRC. Date of UN designation: 1 November 2005. Other information: Goma, with provincial committees in South Kivu, Kasai Occidental, Kasai Oriental and Maniema Officially suspended all activities since 2008. In practice, as of June 2011 TPD offices are open and involved in cases related to returns of IDPs, community reconciliation initiatives, land conflict settlements, etc. The TPD President is Eugene Serufuli and Vice-President is Saverina Karomba. Important members include North Kivu provincial deputies Robert Seninga and Bertin Kirivita.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Implicated in violation of the arms embargo by providing assistance to RCD-G, particularly in supplying trucks to transport arms and troops, and also by transporting weapons for distribution to parts of the population in Masisi and Rutshuru, North Kivu, in early 2005. Goma, with provincial committees in South Kivu, Kasai Occidental, Kasai Oriental and Maniema Officially suspended all activities since 2008. In practice, as of June 2011 TPD offices are open and involved in cases related to returns of IDPs, community reconciliation initiatives, land conflict settlements, etc. The TPD President is Eugene Serufuli and Vice-President is Saverina Karomba. Important members include North Kivu provincial deputies Robert Seninga and Bertin Kirivita.

9.

UGANDA COMMERCIAL IMPEX (UCI) LTD

Address: a) Kajoka Street, Kisemente, Kampala, Uganda (Tel. +256 41 533 578/9), b) PO BOX 22709, Kampala, Uganda. Date of UN designation: 29 March 2007. Other information: Gold export company. (Former directors Mr J.V. LODHIA — known as “Chuni”- and his son Mr Kunal LODHIA). In January 2011, Ugandan authorities notified the Committee that following an exemption on its financial holdings, Emirates Gold repaid UCI's debt to Crane Bank in Kampala, leading to final closure of its accounts. The previous owner of UCI, J.V. Lodhia and his son Kumal Lodhia have remained involved in purchasing gold from eastern DRC.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

UCI bought gold through a regular commercial relationship with traders in the DRC tightly linked to militias. This constitutes “provision of assistance” to illegal armed groups in breach of the arms embargo of resolutions 1493 (2003) and 1596 (2005). Gold export company. (Former directors Mr J.V. LODHIA — known as “Chuni”- and his son Mr Kunal LODHIA). In January 2011, Ugandan authorities notified the Committee that following an exemption on its financial holdings, Emirates Gold repaid UCI's debt to Crane Bank in Kampala, leading to final closure of its accounts. The previous owner of UCI, J.V. Lodhia and his son Kumal Lodhia have remained involved in purchasing gold from eastern DRC.’


2.12.2014   

EN

Official Journal of the European Union

L 346/19


COUNCIL IMPLEMENTING REGULATION (EU) No 1276/2014

of 1 December 2014

implementing Article 17(1) of Regulation (EU) No 224/2014 concerning restrictive measures in view of the situation in the Central African Republic

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 224/2014 of 10 March 2014 concerning restrictive measures in view of the situation in the Central African Republic (1), and in particular Article 17(1) thereof,

Whereas:

(1)

On 10 March 2014, the Council adopted Regulation (EU) No 224/2014.

(2)

On 4 November 2014, the Sanctions Committee established pursuant to United Nations Security Council Resolution (‘UNSCR’) 2127 (2013) updated the information regarding three persons on the list of persons and entities subject to the measures imposed by paragraphs 30 and 32 of UNSCR 2134 (2014).

(3)

Annex I to Regulation (EU) No 224/2014 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EU) No 224/2014 is hereby replaced by 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, 1 December 2014.

For the Council

The President

B. LORENZIN


(1)   OJ L 70, 11.3.2014, p. 1.


ANNEX

‘ANNEX I

LIST OF PERSONS AND ENTITIES REFERRED TO IN ARTICLE 5

A.   Persons

1.   François Yangouvonda BOZIZÉ (alias: a) Bozize Yangouvonda )

Date of Birth: 14 October 1946.

Place of Birth: Mouila, Gabon.

Nationality: Central African Republic.

Address: Uganda.

Other information: Mother's name is Martine Kofio.

Date of UN designation: 9 May 2014.

Information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Bozize was listed on 9 May 2014 pursuant to paragraph 36 of resolution 2134 (2014) as “engaging in or providing support for acts that undermine the peace, stability or security of CAR.”

Additional information

In liaison with his supporters, Bozize encouraged the attack of 5 December 2013 on Bangui. Since then, he has continued trying to run destabilization operations in order to maintain tensions in the capital of CAR. Bozize reportedly created the anti-Balaka militia group before he fled the CAR on March 24, 2013. In a communique, Bozize called on his militia to pursue the atrocities against the current regime and the Islamists. Bozize reportedly provided financial and material support to militiamen who are working to destabilize the ongoing transition and to bring Bozize back to power. The bulk of the anti-Balaka are from the Central African Armed Forces who dispersed into the countryside after the coup d'état and were subsequently reorganized by Bozize. Bozize and his supporters control more than half the anti-Balaka units.

Forces loyal to Bozize were armed with assault rifles, mortars and rocket-launchers and they have become increasingly involved in reprisal attacks against CAR's Muslim population. The situation in CAR deteriorated rapidly after the December 5, 2013 attack in Bangui by anti-Balaka forces that left over 700 people dead.

2.   Nourredine ADAM (alias: a) Nureldine Adam; b) Nourreldine Adam; c) Nourreddine Adam; d) Mahamat Nouradine Adam)

Designation: a) General; b) Minister for Security; c) Director General of the “Extraordinary Committee for the Defence of Democratic Achievements”.

Date of birth: a) 1970 b) 1969 c) 1971 d) 1 January 1970.

Place of birth: Ndele, Central African Republic.

Nationality: Central African Republic. Passport no.: D00001184

Address: Birao, Central African Republic.

Date of UN designation: 9 May 2014

Information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Nourredine was listed on 9 May 2014 pursuant to paragraph 36 of resolution 2134 (2014) as “engaging in or providing support for acts that undermine the peace, stability or security of CAR.”

Additional information

Noureddine is one of the original leaders of the Seleka. He has been identified as both a General and the President of one of the armed rebel groups of the Seleka, the Central PJCC, a group formally known as the Convention of Patriots for Justice and Peace and whose acronym is also acknowledged as CPJP. As former head of the “Fundamental” splinter group of the Convention of Patriots for Justice and Peace (CPJP/F), he was the military coordinator of the ex-Séléka during offensives in the former rebellion in the Central African Republic between early December 2012 and March 2013. Without Noureddine's assistance and close relationship with Chadian Special Forces, the Seleka would likely have been unable to wrest power from former CAR President Francois Bozize.

Since the appointment as interim president of Catherine Samba-Panza on 20 January 2014, he was one of the main architects of the ex-Séléka's tactical withdrawal in Sibut with the aim of implementing his plan to create a Muslim stronghold in the north of the country. He had clearly urged his forces to resist the injunctions of the transitional government and of the military leaders of the African-led International Support Mission in the Central African Republic (MISCA). Noureddine actively directs ex-Seleka, the former Seleka forces that were reportedly dissolved by Djotodia in September 2013, and directs operations against Christian neighborhoods and continues to provide significant support and direction to the ex-Seleka operating in CAR.

Nourredine was also listed on 9 May 2014 pursuant to paragraph 37(b) of resolution 2134 (2014) as “involved in planning, directing, or committing acts that violate international human rights law or international humanitarian law, as applicable.”

Additional information

After the Séléka took control of Bangui on 24 March 2013, Nourredine Adam was appointed Minister for Security, then Director General of the “Extraordinary Committee for the Defence of Democratic Achievements” (Comité extraordinaire de défense des acquis démocratiques- CEDAD, a now-defunct CAR intelligence service). Nourredine Adam used the CEDAD as his personal political police, carrying out many arbitrary arrests, acts of torture and summary executions. In addition, Noureddine was one of the key figures behind the bloody operation in Boy Rabe. In August 2013, Seleka forces stormed Boy Rabe, a CAR neighborhood regarded as a bastion of Francois Bozize supporters and his ethnic group. Under the pretext of looking for arms caches, Seleka troops reportedly killed scores of civilians and went on a rampage of looting. When these raids spread to other quarters, thousands of residents invaded the international airport, which was perceived as a safe place because of the presence of French troops, and occupied its runway.

Nourredine was also listed on 9 May 2014 pursuant to paragraph 37(d) of resolution 2134 (2014) as “providing support for armed groups or criminal networks through illegal exploitation of natural resources”.

Additional information

In early 2013, Nourredine Adam played an important role in the ex-Séléka's financing networks. He travelled to Saudi Arabia, Qatar and the United Arab Emirates to collect funds for the former rebellion. He also operated as a facilitator for a Chadian diamond-trafficking ring operating between the Central African Republic and Chad.

3.   Levy YAKETE (alias: a) Levi Yakite; b) Levy Yakété; c) Levi Yakété)

Date of birth: a) 14 August 1964 b) 1965.

Place of Birth: Bangui, Central African Republic.

Nationality: Central African Republic.

Address: Nantes, France.

Other information: Father's name is Pierre Yakété and Mother's name is Joséphine Yamazon.

Date of UN designation: 9 May 2014

Information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Yakete was listed on 9 May 2014 pursuant to paragraph 36 of resolution 2134 (2014) as “engaging in or providing support for acts that undermine the peace, stability or security of CAR.”

Additional information

On December 17, 2013, Yakite became the political coordinator of the newly formed People's Resistance Movement for Reforming of the Central African Republic anti-Balaka rebel group. He has been directly involved in decisions of a rebel group that has been involved in acts that have undermined peace, stability and security in the CAR, in particular on and since 5 December 2013. In addition, this group has been explicitly singled out by resolutions 2127, 2134 and 2149 for such acts. Yakite has been accused of ordering the arrest of people connected to the Seleka, calling for attacks on people who do not support President Bozize, and recruiting young militiamen to attack those hostile to the regime with machetes. Having remained in the entourage of François Bozizé after March 2013, he joined the Front for the Return to Constitutional Order in CAR (Front pour le Retour à l'Ordre Constitutionnel en CentrAfrique — FROCCA), which aimed to return the deposed president to power by whatever means necessary.

In late summer 2013, he travelled to Cameroon and Benin, where he attempted to recruit people to fight against the Séléka. In September 2013, he tried to regain control over operations led by pro-Bozizé fighters in towns and villages near to Bossangoa. Yakété is also suspected of promoting the distribution of machetes to young unemployed Christians to facilitate their attacks on Muslims.

B.   Entities’

.

2.12.2014   

EN

Official Journal of the European Union

L 346/23


COMMISSION IMPLEMENTING REGULATION (EU) No 1277/2014

of 1 December 2014

amending Regulation (EU) No 37/2010, as regards the substance ‘lasalocid’

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and the Council (1), and in particular Article 14 in conjunction with Article 17 thereof,

Having regard to the opinion of the European Medicines Agency formulated by the Committee for Medicinal Products for Veterinary Use,

Whereas:

(1)

The maximum residue limit (hereinafter ‘MRL’) for pharmacologically active substances intended for use in the Union in veterinary medicinal products for food-producing animals or in biocidal products used in animal husbandry is to be established in accordance with Regulation (EC) No 470/2009.

(2)

Pharmacologically active substances and their classification regarding MRLs in foodstuffs of animal origin are set out in the Annex to Commission Regulation (EU) No 37/2010 (2).

(3)

Lasalocid is currently included in Table 1 of the Annex to Regulation (EU) No 37/2010 as an allowed substance, for poultry species, applicable to muscle, skin and fat, liver, kidney and eggs, and for bovine species, applicable to muscle, fat, liver and kidney, excluding animals producing milk for human consumption.

(4)

An application for the amendment of the existing entry for lasalocid has been submitted to the European Medicines Agency.

(5)

Additional data on lasalocid was provided and assessed by the Committee for Medicinal Products for Veterinary Use. As a result that Committee recommended the amendment of the current acceptable daily intake for lasalocid, as well as the amendment of the existing MRL for lasalocid in poultry.

(6)

In accordance with Article 5 of Regulation (EC) No 470/2009 the European Medicines Agency is to consider using MRLs established for a pharmacologically active substance in a particular foodstuff for another foodstuff derived from the same species, or MRLs established for a pharmacologically active substance in one or more species for other species.

(7)

The Committee for Medicinal Products for Veterinary Use concluded that the extrapolation to other food producing species cannot be supported for this substance.

(8)

The entry for lasalocid in Table 1 of the Annex to Regulation (EU) No 37/2010 should therefore be amended accordingly.

(9)

It is appropriate to provide for a reasonable period of time for the stakeholders concerned to take measures that may be required to comply with the newly set MRL.

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Veterinary Medicinal Products,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EU) No 37/2010 is amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 20 February 2015.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 1 December 2014.

For the Commission

The President

Jean-Claude JUNCKER


(1)   OJ L 152, 16.6.2009, p. 11.

(2)  Commission Regulation (EU) No 37/2010 of 22 December 2009 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin (OJ L 15, 20.1.2010, p. 1).


ANNEX

In Table 1 of the Annex to Regulation (EU) No 37/2010, the entry for the substance ‘lasalocid’ is replaced by the following:

Pharmacologically active Substance

Marker residue

Animal Species

MRL

Target Tissues

Other Provisions (according to Article 14(7) of Regulation (EC) No 470/2009)

Therapeutic Classification

‘Lasalocid

Lasalocid A

Poultry

60 μg/kg

300 μg/kg

150 μg/kg

300 μg/kg

150 μg/kg

Muscle

Liver

Kidney

Skin and fat in natural proportions

Eggs

NO ENTRY

Anti-infectious agents/Antibiotics’

Bovine

10 μg/kg

20 μg/kg

100 μg/kg

20 μg/kg

Muscle

Fat

Liver

Kidney

Not for use in animals from which milk is produced for human consumption


2.12.2014   

EN

Official Journal of the European Union

L 346/26


COMMISSION IMPLEMENTING REGULATION (EU) No 1278/2014

of 1 December 2014

amending Regulations (EC) No 967/2006, (EC) No 828/2009, (EC) No 891/2009 and Implementing Regulation (EU) No 75/2013

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Articles 144(c), 144(j), 178(b), 178(f), 178(h), Article 180 and Articles 182(4) and 192(5) thereof,

Whereas:

(1)

Regulation (EU) No 1308/2013 provides for the extension of the sugar quota regime until 30 September 2017 and introduces changes in that regime. It is therefore necessary to adapt certain Regulations in the sugar sector.

(2)

For reasons of clarity, it is necessary to amend Article 4(1)(a) of Commission Regulation (EC) No 967/2006 (2) so as to exactly correspond to Article 140(1)(b) of Regulation (EU) No 1308/2013 which establishes that industrial sugar, industrial isoglucose or industrial inulin must have been delivered to the user on 30 November of the following marketing year at the latest.

(3)

Regulation (EC) No 967/2006 sets the deadlines for communications from the Member States to the Commission of quantities carried forward by the undertakings in application of Article 141 of Regulation (EU) No 1308/2013. In view of the new dates for communications by undertakings to the Member States set out in that Article, the deadlines set out in Article 17 of Regulation (EC) No 967/2006 need to be adapted accordingly.

(4)

Commission Regulation (EC) No 828/2009 (3) lays down rules for imports of sugar products of tariff heading 1701 under preferential agreements until the 2014/2015 marketing year. Article 4(4) of that Regulation establishes the list of documents that shall accompany the import licence applications and lays down that export licences may be replaced by certified copies. In view of technical developments and to simplify procedures, electronic transmission of export licences should be allowed under certain conditions.

(5)

Considering that imports under certain preferential regimes are not subject to a limited quota quantity, it is opportune to facilitate customs procedures by allowing a customary level of tolerance of maximum 5 % in licences for preferential sugar imports.

(6)

Commission Regulation (EU) No 1006/2011 (4) amended Council Regulation (EEC) No 2658/87 (5) by changing some of the CN codes applicable to sugar. The new CN codes have already been given to the products covered by Regulation (EC) No 828/2009 and Commission Regulation (EC) No 891/2009 (6) and are already being used in practice by Member States' customs authorities. Therefore, a technical adjustment of the CN codes referred to in those Regulations is opportune.

(7)

The Commission has developed an information system that allows managing documents and procedures electronically in its own internal working procedures and in its relations with the authorities involved in the common agricultural policy. It is considered that the notification obligations provided for in Regulation (EC) No 828/2009 can be fulfilled via that system in accordance with Commission Regulation (EC) No 792/2009 (7).

(8)

In view of the market conditions and forecast prevailing at the time, Commission Implementing Regulation (EU) No 75/2013 (8) provided for the non-application of additional import duties for some sugar products until the end of the marketing year 2014/2015. In view of the extension of the sugar quota regime and considering that the market forecast does not substantially change until the end of the quota regime, the non-application of additional import duties for those sugar products should be extended until 30 September 2017.

(9)

Regulations (EC) No 967/2006, (EC) No 828/2009, (EC) No 891/2009 and Implementing Regulation (EU) No 75/2013 should therefore be amended accordingly.

(10)

The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EC) No 967/2006

Regulation (EC) No 967/2006 is amended as follows:

(1)

in Article 4(1), point (a) is replaced by the following:

‘(a)

delivered to a processor on 30 November of the following marketing year at the latest to be used in the manufacture of the products referred to in the Annex;’

;

(2)

in Article 17, points (a) and (b) are replaced by the following:

‘(a)

not later than 15 September, the quantities of beet sugar, inulin syrup and cane sugar from the current marketing year to be carried forward to the next marketing year;’

.

Article 2

Amendments to Regulation (EC) No 828/2009

Regulation (EC) No 828/2009 is amended as follows:

(1)

Article 4 is amended as follows:

(a)

in paragraph 4, the following subparagraph is added:

‘Electronic or facsimile copies of the export licences referred to in point (b) of the first subparagraph, or of the certified copies referred to in the second subparagraph, may be submitted in place of the originals in support of import licence applications provided that the originals are submitted by the applicant to the competent authorities of the Member States at the point of customs clearance of the import licence prior to customs clearance of the goods covered by the import licence issued on the strength of the electronic or facsimile copies.’

;

(b)

in paragraph 6, ‘a document’ shall be replaced by ‘an original, electronic, or facsimile document’;

(c)

the following paragraph 7 is added:

‘7.   Article 48(1) and (4) of Regulation (EC) No 376/2008 shall not apply where the quantity of sugar imported under this Regulation is greater by not more than 5 % of the quantity indicated in the import licence. The additional quantity shall be considered to have been imported under that licence’

;

(2)

Article 8 is amended as follows:

(a)

in the first paragraph, CN code ‘1701 11 10 ’ is replaced by ‘1701 13 10 , 1701 14 10 ’,

(b)

in the second paragraph, CN code ‘1701 11 90 ’ is replaced by ‘1701 13 90 , 1701 14 90 ’;

(3)

in Article 9, paragraph 6 is replaced by the following:

‘6.   The notifications referred to in this Regulation shall be made in accordance with Commission Regulation (EC) No 792/2009 (*1).

(*1)  Commission Regulation (EC) No 792/2009 of 31 August 2009 laying down detailed rules for the Member States' notification to the Commission of information and documents in implementation of the common organisation of the markets, the direct payments' regime, the promotion of agricultural products and the regimes applicable to the outermost regions and the smaller Aegean islands (OJ L 228, 1.9.2009, p. 3).’ "

.

Article 3

Amendments to Regulation (EC) No 891/2009

Regulation (EC) No 891/2009 is amended as follows:

(1)

in Article 13(1), CN code ‘1701 11 90 ’ is replaced by ‘1701 13 90 , 1701 14 90 ’;

(2)

in Annex I, Part I, CN code ‘1701 11 10 ’ is replaced by ‘1701 13 10 and 1701 14 10 ’.

Article 4

Amendment to Implementing Regulation (EU) No 75/2013

In Article 1 of Implementing Regulation (EU) No 75/2013, ‘30 September 2015’ is replaced by ‘30 September 2017’.

Article 5

Entry into force

This Regulation shall enter into force on the third day following that 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, 1 December 2014.

For the Commission

The President

Jean-Claude JUNCKER


(1)   OJ L 347, 20.12.2013, p. 671.

(2)  Commission Regulation (EC) No 967/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards sugar production in excess of the quota (OJ L 176, 30.6.2006, p. 22).

(3)  Commission Regulation (EC) No 828/2009 of 10 September 2009 laying down detailed rules of application for the marketing years 2009/2010 to 2014/2015 for the import and refining of sugar products of tariff heading 1701 under preferential agreements (OJ L 240, 11.9.2009, p. 14).

(4)  Commission Regulation (EU) No 1006/2011 of 27 September 2011 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 282, 28.10.2011, p. 1).

(5)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(6)  Commission Regulation (EC) No 891/2009 of 25 September 2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector (OJ L 254, 26.9.2009, p. 82).

(7)  Commission Regulation (EC) No 792/2009 of 31 August 2009 laying down detailed rules for the Member States' notification to the Commission of information and documents in implementation of the common organisation of the markets, the direct payments' regime, the promotion of agricultural products and the regimes applicable to the outermost regions and the smaller Aegean islands (OJ L 228, 1.9.2009, p. 3).

(8)  Commission Implementing Regulation (EU) No 75/2013 of 25 January 2013 derogating from Regulation (EC) No 951/2006 as regards the application of representative prices and additional import duties for certain products in the sugar sector and repealing Implementing Regulation (EU) No 892/2012 fixing the representative prices and additional import duties for certain products in the sugar sector for the 2012/2013 marketing year (OJ L 26, 26.1.2013, p. 19).


2.12.2014   

EN

Official Journal of the European Union

L 346/29


COMMISSION IMPLEMENTING REGULATION (EU) No 1279/2014

of 1 December 2014

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 1 December 2014.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General for Agriculture and Rural Development


(1)   OJ L 347, 20.12.2013, p. 671.

(2)   OJ L 157, 15.6.2011, p. 1.


ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

AL

61,5

MA

88,0

ZZ

74,8

0707 00 05

AL

53,8

JO

206,0

MA

170,1

TR

137,5

ZZ

141,9

0709 93 10

MA

36,3

TR

128,2

ZZ

82,3

0805 20 10

MA

75,8

ZZ

75,8

0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90

TR

80,0

ZZ

80,0

0805 50 10

TR

73,1

ZZ

73,1

0808 10 80

BA

22,7

BR

57,9

CA

134,8

CL

76,0

NZ

96,9

US

93,0

ZA

172,4

ZZ

93,4

0808 30 90

CN

81,0

TR

158,2

US

163,9

ZZ

134,4


(1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.


DECISIONS

2.12.2014   

EN

Official Journal of the European Union

L 346/31


COUNCIL DECISION

of 25 November 2014

appointing a United Kingdom member of the Committee of the Regions

(2014/859/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the United Kingdom Government,

Whereas:

(1)

On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

(2)

A member's seat has become vacant following the end of the term of office of Lord Graham TOPE CBE,

HAS ADOPTED THIS DECISION:

Article 1

The following is hereby appointed as member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

Ms Ruth DOMBEY, Councillor.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 25 November 2014.

For the Council

The President

D. FRANCESCHINI


(1)   OJ L 348, 29.12.2009, p. 22.

(2)   OJ L 12, 19.1.2010, p. 11.


2.12.2014   

EN

Official Journal of the European Union

L 346/32


COUNCIL DECISION 2014/860/CFSP

of 1 December 2014

amending and extending Decision 2012/173/CFSP on the activation of the EU Operations Centre for the Common Security and Defence Policy missions and operation in the Horn of Africa

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 42(4) and 43(2) thereof,

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

Whereas:

(1)

On 9 December 2013, the Council adopted Decision 2013/725/CFSP (1) amending and extending Council Decision 2012/173/CFSP. (2)

(2)

In line with the outcome of the Review of the EU Operations Centre, its mandate should be extended until December 2016. This will also allow for time to prepare for a transition of its coordination and planning functions and resources to the EEAS/CSDP structures on a permanent basis, in the context of the EEAS review process to be led by the High Representative of the Union for Foreign Affairs and Security Policy (HR), with due regard to the institutional framework and applicable procedures. There would be no need for further mandate extension after such a transition. Any future new entity within the EEAS/CSDP structures undertaking coordination and planning support functions would therefore have a different name reflecting this role. In the interim, the EU Operations Centre should expand its civil/military coordination and planning support role, and assume enhanced geographical responsibility for the Sahel region, within the established resource and staffing ceiling. Any geographical expansion beyond the Sahel region would require a separate Political and Security Committee (PSC) agreement.

(3)

Decision 2012/173/CFSP should therefore be amended and extended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2012/173/CFSP is amended as follows:

(1)

The title is replaced by the following:

‘Council Decision 2012/173/CFSP of 23 March 2012 on the activation of the EU Operations Centre for the Common Security and Defence Policy missions and operation in the Horn of Africa and in the Sahel region’

.

(2)

In Article 1, paragraph 1 is replaced by the following:

‘1.   The EU Operations Centre shall support the Common Security and Defence Policy (CSDP) missions EUTM Somalia, EUCAP Nestor and operation Atalanta in the Horn of Africa and it shall support the CSDP missions EUTM Mali, EUCAP Sahel Niger and EUCAP Sahel Mali in the Sahel region.’

.

(3)

Article 2 is replaced by the following:

‘Article 2

Mandate and tasks

1.   The EU Operations Centre shall provide support in the field of operational planning and conduct of the CSDP missions and operation in the Horn of Africa and in the Sahel region with a view to increasing efficiency, coherence and synergies for CSDP within both regions. In this framework the EU Operations Centre shall facilitate information exchange, improve coordination and strengthen civil-military synergies.

2.   The EU Operations Centre shall perform the following tasks:

(a)

provide direct support to the Civilian Operations Commander for the operational planning and conduct of the civilian missions in the Horn of Africa and in the Sahel region, using its military and specialised planning expertise;

(b)

provide support to the military Missions and Operation Commanders in the Horn of Africa and in the Sahel region;

(c)

provide support to the Crisis Management and Planning Directorate (CMPD), at its request, in its strategic planning for the CSDP missions and operation in the Horn of Africa and in the Sahel region;

(d)

facilitate interaction between the respective CSDP missions and operation and the Brussels-based structures. In relation to the “train and equip” pilot cases in Mali and Somalia, the EU Operations Centre may usefully provide support to a functional coordination mechanism, in view of its implementation plan;

(e)

facilitate coordination and improve synergies amongst the CSDP missions and operation in the Horn of Africa, in the context of the Horn of Africa Strategy and in liaison with the European Union Special Representative (EUSR) for the Horn of Africa and the European Union Special Envoy for Somalia;

(f)

facilitate coordination and improve synergies amongst the CSDP missions in the Sahel region, in the context of the Sahel Strategy and in liaison with the EUSR for the Sahel.

3.   The implementation of the mandate and tasks shall be elaborated in an implementation plan to be presented to the PSC and subject to review.’

.

(4)

Article 3 is amended as follows:

(a)

paragraphs 1 and 1a are replaced by the following:

‘1.   The Council hereby authorises the PSC, in accordance with Article 38 of the Treaty, to take decisions on the appointment of the Head of the EU Operations Centre.’

;

(b)

paragraph 4 is replaced by the following:

‘4.   The Head of the EU Operations Centre shall be responsible for responding to the requests addressed to the EU Operations Centre by the Civilian Operation Commander, the Operation- and Mission Commanders of the CSDP missions in the Horn of Africa and in the Sahel region and by CMPD. He shall ensure the proper functioning of the EU Operations Centre and coordinate the efficient use of its capacities. The final responsibility for operational planning documents and decisions on the conduct of the missions and the operation shall remain respectively with the Civilian Operation Commander and the respective Operation- and Mission Commanders in the Horn of Africa and in the Sahel region.’

;

(c)

paragraph 5 is replaced by the following:

‘5.   Within the limits of his responsibility, the Head of the EU Operations Centre shall regularly report to PSC and to the EUMC as appropriate.’

.

(5)

Article 4 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   The EU Operations Centre shall be comprised of staff seconded by Member States and provided by the EUMS. The relevant liaison and support cells of the military missions and operation in the Horn of Africa and in the Sahel region shall be integrated into the EU Operations Centre, without prejudice to the current chains of command.’

;

(b)

in paragraph 2, the first sentence is replaced by the following:

‘2.   The human resources put at the disposal of the EU Operations Centre shall cover all military expertise required to implement its mandate and tasks properly on the basis of an implementation plan.’

;

(c)

paragraph 3 is replaced by the following:

‘3.   All staff must respect the security principles and minimum standards established by Council Decision 2013/488/EU (*1).

(*1)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).’ "

.

(6)

Article 5 is replaced by the following:

‘Article 5

Organisation

The EU Operations Centre shall be organised along functional and geographical responsibilities corresponding to the requirements of the CSDP missions and operation which it supports.’

.

(7)

Article 8 is deleted.

(8)

In Article 9, the second paragraph is replaced by the following:

‘It shall apply from 23 March 2012 until 31 December 2016.’

.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 1 December 2014.

For the Council

The President

B. LORENZIN


(1)  Council Decision 2013/725/CFSP of 9 December 2013 amending and extending Decision 2012/173/CFSP on the activation of the EU Operations Centre for the Common Security and Defence Policy missions and operation in the Horn of Africa (OJ L 329, 10.12.2013, p. 39).

(2)  Council Decision 2012/173/CFSP of 23 March 2012 on the activation of the EU Operations Centre for the Common Security and Defence Policy missions and operation in the Horn of Africa (OJ L 89, 27.3.2012, p. 66).


2.12.2014   

EN

Official Journal of the European Union

L 346/35


COUNCIL DECISION 2014/861/CFSP

of 1 December 2014

amending Decision 2012/699/CFSP on the Union support for the activities of the Preparatory Commission of the Comprehensive Nuclear-Test-Ban Treaty Organisation in order to strengthen its monitoring and verification capabilities and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28(1) and Article 31(1) thereof,

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

Whereas:

(1)

On 13 November 2012, the Council adopted Decision 2012/699/CFSP (1).

(2)

Decision 2012/699/CFSP provides for a 24-month implementation period of the projects referred to in Article 1(2) after the date of conclusion of the financing agreement referred to in Article 3(3).

(3)

On 18 June 2014, the Provisional Technical Secretariat of the Preparatory Commission of the Comprehensive Nuclear-Test-Ban Treaty Organisation (CTBTO) requested the authorisation of the Union to extend the 24-month duration provided for in Article 5 of Decision 2012/699/CFSP by 12 months in order to allow for the implementation of the remaining parts of the projects not yet implemented by the end of that period.

(4)

Implementation of the remaining parts of the projects referred to in paragraphs 2.1. (Technical Assistance and Capacity Building), 2.2. (Developing Capacity for Future Generations of CTBT Experts — the Capacity Development Initiative (CDI)), 2.3. (Enhancing the Atmospheric Transport Model (ATM)), 2.4. (Characterisation and Mitigation of Radioxenon) and 2.6. (Sustainment of Certified IMS Auxiliary Stations) of the Annex to Decision 2012/699/CFSP, as specifically quoted in the request made by the CTBTO on 18 June 2014, could be performed without any resource implications.

(5)

Decision 2012/699/CFSP should therefore be amended in order to enable the full implementation of the projects set out therein by extending its duration accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2012/699/CFSP is hereby amended as follows:

(1)

The second paragraph of Article 5 is replaced by the following:

‘It shall expire 36 months after the date of the conclusion of the financing agreement referred to in Article 3(3).’

.

(2)

The paragraph under Section 3 of the Annex is replaced by the following:

‘The total estimated duration of the implementation of the projects is 36 months.’

.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 1 December 2014.

For the Council

The President

B. LORENZIN


(1)  Council Decision 2012/699/CFSP of 13 November 2012 on the Union support for the activities of the Preparatory Commission of the Comprehensive Nuclear-Test-Ban Treaty Organisation in order to strengthen its monitoring and verification capabilities and in the framework of the implementation of the EU Strategy against Proliferation of Weapons of Mass Destruction (OJ L 314, 14.11.2012, p. 27).


2.12.2014   

EN

Official Journal of the European Union

L 346/36


COUNCIL IMPLEMENTING DECISION 2014/862/CFSP

of 1 December 2014

implementing Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,

Having regard to Council Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures against the Democratic Republic of the Congo and repealing Common Position 2008/369/CFSP (1), and in particular Article 6 thereof,

Whereas:

(1)

On 20 December 2010, the Council adopted Decision 2010/788/CFSP.

(2)

On 12 April 2013, the Security Council Committee, established pursuant to United Nations Security Council Resolution 1533 (2004) concerning the Democratic Republic of the Congo (the ‘Security Council Committee’), updated and amended the list of individuals and entities subject to restrictive measures.

(3)

On 30 June 2014, the Security Council Committee added an entity to the list of individuals and entities subject to restrictive measures.

(4)

On 31 October 2014, the Security Council Committee issued a new consolidated list of individuals and entities subject to restrictive measures.

(5)

The Annex to Decision 2010/788/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2010/788/CFSP is hereby replaced by 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, 1 December 2014.

For the Council

The President

B. LORENZIN


(1)   OJ L 336, 21.12.2010, p. 30.


ANNEX

‘ANNEX

a)   

List of persons referred to in Articles 3, 4 and 5.

1.

Eric BADEGE

Date of Birth: 1971. Date of UN designation: 31 December 2012.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

According to the November 15, 2012, final report by the Group of Experts on the Democratic Republic of the Congo, “… LTL. Col. Eric Badege had become the focal point of M23 in Masisi and commanded joint operations …” with another military leader. Additionally, “a series of coordinated attacks carried out in August [2012] by LTL. Col. Badege … enabled M23 to destabilize a considerable part of Masisi territory.” According to former combatants, LTL Col. Badege … acted under the orders of Col. Makenga when he orchestrated the attacks. As a military commander of M23, Badege is responsible for serious violations involving the targeting of children or women in situations of armed conflict. According to the November 2012 Group of Experts report, there have been several major incidents of indiscriminate killings of civilians, including women and children. Since May 2012 Raia Mutomboki, under the command of M23, have killed hundreds of civilians in a series of coordinated attacks. In August, Badege carried out joint attacks which involved the indiscriminate killing of civilians. The November Group of Experts report states that these attacks were jointly orchestrated by Badege and Colonel Makoma Semivumbi Jacques. According to the Group of Experts Report, local leaders from Masisi stated that Badege commanded these Raia Mutomboki attacks on the ground. According to a July 28, 2012, Radio Okapi article, “the administrator of Masisi announced this Saturday, July 28th, the defection of the commander of the 2nd Battalion of the 410th Regiment FARDC base Nyabiondo, about thirty kilometers northwest of Goma in North Kivu. According to him, Colonel Eric Badege and more than a hundred soldiers headed Friday to Rubaya, 80 kilometers north of Nabiondo. This information has been confirmed by several sources.” According to a November 23, 2012 BBC article, M23 was formed when former members of the CNDP who had been integrated into the FARDC began to protest against bad conditions and pay, and lack of full implementation of the March 23, 2009 peace deal between the CNDP and the DRC that led to the CNDP's integration into the FARDC. M23 has been engaged in active military operations in order to take control of territory in eastern DRC, according to the November 2012 IPIS report. M23 and FARDC fought over control of several towns and villages in eastern DRC on July 24 and July 25, 2012; M23 attacked the FARDC in Rumangabo on July 26, 2012; M23 drove FARDC from Kibumba on November 17, 2012; and M23 took control of Goma on November 20, 2012. According to the November 2012 Group of Experts report, several ex-M23 combatants claim that M23 leaders summarily executed dozens of children who attempted to escape after being recruited as M23 child soldiers. According to a September 11, 2012 report by Human Rights Watch (HRW), a Rwandan man, 18, who escaped after being forcibly recruited in Rwanda told HRW that he witnessed the execution of a 16-year old boy from his M23 unit who had tried to flee in June. The boy was captured and beaten to death by M23 fighters in front of the other recruits. An M23 commander who ordered his killing then allegedly told the other recruits “[h]e wanted to abandon us,” as an explanation for why the boy had been killed. The report also states that witnesses claimed that at least 33 new recruits and other M23 fighters were summarily executed when they attempted to flee. Some were tied up and shot in front of other recruits as an example of the punishment they could receive. One young recruit told HRW, “[w]hen we were with M23, they said [we had a choice] and could stay with them or we could die. Lots of people tried to escape. Some were found and then that was immediately their death.”

2.

Frank Kakolele BWAMBALE (alias: a) Frank Kakorere, b) Frank Kakorere Bwambale)

Designation: FARDC General. Nationality: Congolese. Date of UN designation: 1 November 2005. Other Information: Left the CNDP in January 2008. As of June 2011, resides in Kinshasa. Since 2010, Kakolele has been involved in activities apparently on behalf of the DRC government's Programme de Stabilisation et Reconstruction des Zones Sortant des Conflits Armés (STAREC), including participation in a STAREC mission to Goma and Beni in March 2011.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Former RCD-ML leader, exercising influence over policies and maintaining command and control over the activities of RCD-ML forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), responsible for trafficking of arms, in violation of the arms embargo. FARDC General, without posting as of June 2011. Left the CNDP in January 2008. As of June 2011, resides in Kinshasa. Since 2010, Kakolele has been involved in activities apparently on behalf of the DRC government's Programme de Stabilisation et Reconstruction des Zones Sortant des Conflits Armés (STAREC), including participation in a STAREC mission to Goma and Beni in March 2011.

3.

Gaston IYAMUREMYE (alias: a) Byiringiro Victor Rumuli, b) Victor Rumuri, c) Michel Byiringiro, d) Rumuli)

Designation: a) FDLR President, b) 2nd Vice-President of FDLR-FOCA. Address: (As of June 2011,based at Kalonge, North Kivu Province.). Date of Birth: 1948. Place of Birth: a) Musanze District, Northern Province, Rwanda, b) Ruhengeri, Rwanda. Nationality: Rwandan. Date of UN designation: 1 December 2010. Other information: Brigadier General.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

According to multiple sources, including the UNSC DRC Sanctions Committee's Group of Experts, Gaston Iyamuremye is the second vice president of the FDLR and is considered a core member of the FDLR military and political leadership. Gaston Iyamuremye also ran the office of Ignace Murwanashyaka (President of the FDLR) in Kibua, DRC until December 2009. FDLR President and 2nd Vice-President of FDLR-FOCA As of June 2011, based at Kalonge, North Kivu Province.

4.

Innocent KAINA (alias: a) Colonel Innocent Kaina, b) India Queen)

Place of Birth: Bunagana, Rutshuru territory, DRC. Date of UN designation: 30 November 2012.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Innocent Kaina is currently a Sector commander in the Mouvement du 23 Mars (M23). He is responsible for and has committed serious violations of international law and human rights. In July 2007 the Garrison Military Tribunal of Kinshasa found Kaina responsible for crime against humanity committed in the District of Ituri, between May 2003 and December 2005. He was released in 2009 as part of the peace agreement between the Congolese government and the CNDP. Within the FARDC in 2009, he has been guilty of executions, abductions and maiming in Masisi territory. As Commander under the orders of General Ntaganda, he initiated the ex-CNDP mutiny in Rutshuru territory in April 2012. He ensured the security of the mutineers out of Masisi. Between May and August 2012, he oversaw the recruitment and training of over 150 children for the M23 rebellion, shooting the boys who had tried to escape. In July 2012 he travelled to Berunda and Degho for mobilization and recruitment activities for the M23.

5.

Jérôme KAKWAVU BUKANDE (alias: a) Jérôme Kakwavu, b) Commandant Jérôme)

Nationality: Congolese. Date of UN designation: 1 November 2005. Other information: Given the rank of General in the FARDC in December 2004. As of June 2011, detained in Makala Prison in Kinshasa. As of 25 March 2011, the High Military Court in Kinshasa opened a trial against Kakwavu for war crimes.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Former President of UCD/FAPC. FAPC's control of illegal border posts between Uganda and the DRC — a key transit route for arms flows. As President of the FAPC, he exercised influence over policies and command and control over the activities of FAPC forces, which were involved in arms trafficking and, consequently, in violations of the arms embargo. According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children in Ituri in 2002. One of five senior FARDC officers who had been accused of serious crimes involving sexual violence and whose cases the Security Council had brought to the Government's attention during its visit in 2009. Given the rank of General in the FARDC in December 2004. As of June 2011, detained in Makala Prison in Kinshasa. On 25 March 2011, the High Military Court in Kinshasa opened a trial against Kakwavu for war crimes.

6.

Germain KATANGA

Nationality: Congolese. Date of UN designation: 1 November 2005. Other information: Appointed General in the FARDC in December 2004. Handed over by the Government of the DRC to the International Criminal Court on 18 October 2007. His trial began in November 2009.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

FRPI chief. Involved in weapons transfers, in violation of the arms embargo. According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children in Ituri from 2002 to 2003. Appointed General in the FARDC in December 2004. Handed over by the Government of the DRC to the International Criminal Court on 18 October 2007. His trial began in November 2009.

7.

Thomas LUBANGA

Place of Birth: Ituri, DRC. Nationality: Congolese. Date of UN designation: 1 November 2005. Other information: Arrested in Kinshasa in March 2005 for UPC/L involvement in human rights abuses violations. Transferred to the ICC on 17 March 2006. Convicted by the ICC in March 2012 and sentenced to 14 years in prison. Has appealed the court's ruling.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

President of the UPC/L, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo. According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children in Ituri from 2002 to 2003. Arrested in Kinshasa in March 2005 for UPC/L involvement in human rights abuses violations. Transferred to the ICC by the DRC authorities on 17 March 2006. His trial began in January 2009 and is due to close in 2011. Convicted by the ICC in March 2012 and sentenced to 14 years in prison. Has appealed the court's ruling.

8.

Sultani MAKENGA (alias: a) Makenga, Colonel Sultani, b) Makenga, Emmanuel Sultani)

Date of Birth: 25 December 1973. Place of Birth: Rutshuru, DRC. Nationality: Congolese. Date of UN designation: 13 November 2012. Other information: A military leader of the Mouvement du 23 Mars (M23) group operating in the Democratic Republic of the Congo.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Sultani Makenga is a military leader of the Mouvement du 23 Mars (M23) group operating in the Democratic Republic of the Congo (DRC). As a leader of M23 (also known as the Congolese Revolutionary Army), Sultani Makenga has committed and is responsible for serious violations of international law involving the targeting of women and children in situations of armed conflict, including killing and maiming, sexual violence, abduction, and forced displacement. He has also been responsible for violations of international law related to M23's actions in recruiting or using children in armed conflict in the DRC. Under the command of Sultani Makenga, M23 has carried out extensive atrocities against the civilian population of the DRC. According to testimonies and reports, the militants operating under the command of Sultani Makenga have conducted rapes throughout Rutshuru territory against women and children, some of whom have been as young as 8 years old, as part of a policy to consolidate control in Rutshuru territory. Under Makenga's command, M23 has conducted extensive forced recruitment campaigns of children in the DRC and in the region, as well as killing, maiming, and injuring scores of children. Many of the forced child recruits have been under the age of 15. Makenga has also been reported to be the recipient of arms and related materiel in violation of measures taken by the DRC to implement the arms embargo, including domestic ordinances on the importing and possession of arms and related materiel. Makenga's actions as the leader of M23 have included serious violations of international law and atrocities against the civilian population of the DRC, and have aggravated the conditions of insecurity, displacement, and conflict in the region. A military leader of the Mouvement du 23 Mars (M23) group operating in the Democratic Republic of the Congo.

9.

Khawa Panga MANDRO (alias: a) Kawa Panga, b) Kawa Panga Mandro, c) Kawa Mandro, d) Yves Andoul Karim, e) Yves Khawa Panga Mandro, f) Mandro Panga Kahwa, g)“Chief Kahwa”, h)“Kawa”)

Date of Birth: 20 August 1973. Place of Birth: Bunia, DRC. Nationality: Congolese. Date of UN designation: 1 November 2005. Other information: Placed in prison in Bunia in April 2005 for sabotage of the Ituri peace process. Arrested by Congolese authorities in October 2005, acquitted by the Court of Appeal in Kisangani, subsequently transferred to the judicial authorities in Kinshasa on new charges of crimes against humanity, war crimes, murder, aggravated assault and battery. As of June 2011 detained at Makala Central Prison, Kinshasa.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Ex-President of PUSIC, one of the armed groups and militia referred to in paragraph 20 of Res. 1493 (2003) involved in arms trafficking, in violation of the arms embargo. According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children from 2001 to 2002. Placed in prison in Bunia in April 2005 for sabotage of the Ituri peace process. Arrested by Congolese authorities in October 2005, acquitted by the Court of Appeal in Kisangani, subsequently transferred to the judicial authorities in Kinshasa on new charges of crimes against humanity, war crimes, murder, aggravated assault and battery. As of June 2011 detained at Makala Central Prison, Kinshasa.

10.

Callixte MBARUSHIMANA

Date of Birth: 24 July 1963. Place of Birth: Ndusu/Ruhengeri, Northern Province, Rwanda. Nationality: Rwandan. Date of UN designation: 3 March 2009. Other information: Arrested in Paris on 3 October 2010 under ICC warrant for war crimes and crimes against humanity committed by FDLR troops in the Kivus in 2009 and transferred to The Hague on 25 January 2011.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Executive Secretary of the FDLR and Vice-President of the FDLR military high command until his arrest. Political/Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, per Security Council resolution 1857 (2008) OP 4 (b). Arrested in Paris on 3 October 2010 under ICC warrant for war crimes and crimes against humanity committed by FDLR troops in the Kivus in 2009 and transferred to The Hague on 25 January 2011.

11.

Iruta Douglas MPAMO (alias: a) Doulas Iruta Mpamo, b) Mpano)

Address: Gisenyi, Rwanda (As of June 2011). Date of Birth: a) 28 December 1965, b) 29 December 1965. Place of Birth: a) Bashali, Masisi, DRC, b) Goma, DRC, c) Uvira, DRC. Nationality: Congolese. Date of UN designation: 1 November 2005. Other information: No known occupation since two of the planes managed by Great Lakes Business Company (GLBC) crashed.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Owner/Manager of the Compagnie Aérienne des Grands Lacs and of Great Lakes Business Company, whose aircraft were used to provide assistance to armed groups and militias referred to in paragraph 20 of Res. 1493 (2003). Also responsible for disguising information on flights and cargo apparently to allow for the violation of the arms embargo. No known occupation since two of the planes managed by Great Lakes Business Company (GLBC) crashed.

12.

Sylvestre MUDACUMURA (alias: a) Mupenzi Bernard, b) General Major Mupenzi, c) General Mudacumura, d) Radja)

Address: Kikoma forest, near Bogoyi, Walikale, North Kivu, DRC (As of June 2011). Nationality: Rwandan. Date of UN designation: 1 November 2005. Other information: Military commander of FDLR-FOCA, also political 1st Vice-President and head of FOCA High Command, thus combining overall military and political command functions since the arrests of FDLR leaders in Europe.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

FDLR commander, exercising influence over policies, and maintaining command and control over the activities of FDLR forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in trafficking of arms, in violation of the arms embargo. Mudacumura (or staff) was in telephone communication with FDLR leader Murwanashyaka in Germany, including at the time of the Busurungi Massacre May 2009, and military commander Major Guillaume during Umoja Wetu and Kimia II operations in 2009. According to the Office of the SRSG on Children and Armed Conflict, he was responsible for 27 cases of recruitment and use of children by troops under his command in North Kivu from 2002 to 2007. Military commander of FDLR-FOCA, also political 1st Vice-President and head of FOCA High Command, thus combining overall military and political command functions since the arrests of FDLR leaders in Europe.

13.

Leodomir MUGARAGU (alias: a) Manzi Leon, b) Leo Manzi)

Address: FDLR HQ at Kikoma forest, Bogoyi, Walikale, North Kivu, DRC (As of June 2011). Date of Birth: a) 1954 b) 1953. Place of Birth: a) Kigali, Rwanda b) Rushashi, Northern Province, Rwanda. Nationality: Rwandan. Date of UN designation: 1 December 2010. Other information: FDLR-FOCA Chief of Staff, in charge of administration.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

According to open-source and official reporting, Leodomir Mugaragu is the Chief of Staff of the Forces Combattantes Abucunguzi/Combatant Force for the Liberation of Rwanda (FOCA), the FDLR's armed wing. According to official reporting Mugaragu is a senior planner for FDLR's military operations in the eastern DRC. FDLR-FOCA Chief of Staff, in charge of administration.

14.

Leopold MUJYAMBERE (alias: a) Musenyeri, b) Achille, c) Frere Petrus Ibrahim)

Address: Nyakaleke (south-east of Mwenga), South Kivu, DRC. Date of Birth: a) 17 March 1962, b) Approximately 1966. Place of Birth: Kigali, Rwanda. Nationality: Rwandan. Date of UN designation: 3 March 2009. Other information: As of June 2011, Commander of the South Kivu operational sector now called “Amazon” of FDLR/FOCA.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Commander of the Second Division of FOCA/the Reserve Brigades (an FDLR armed branch). Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, in violation of Security Council resolution 1857 (2008) OP 4 (b). In evidence collated by the UNSC DRC Sanctions Committee Group of Experts, detailed in its report of 13 February 2008, girls recovered from FDLR-FOCA had previously been abducted and sexually abused. Since mid-2007, FDLR-FOCA, which previously recruited boys in their mid to late teens, has been forcefully recruiting youth from the age of 10 years. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, in violation of Security Council resolution 1857 (2008) OP4 (d) and (e). As of June 2011, Commander of the South Kivu operational sector now called “Amazon” of FDLR-FOCA.

15.

Jamil MUKULU (alias: a) Steven Alirabaki, b) David Kyagulanyi, c) Musezi Talengelanimiro, d) Mzee Tutu, e) Abdullah Junjuaka, f) Alilabaki Kyagulanyi, g) Hussein Muhammad, h) Nicolas Luumu, i) Professor Musharaf, j) Talengelanimiro)

Designation: a) Head of the Allied Democratic Forces (ADF), b) Commander, Allied Democratic Forces. Date of Birth: a) 1965, b) 1 January 1964. Place of Birth: Ntoke Village, Ntenjeru Sub County, Kayunga District, Uganda. Nationality: Ugandan. Date of UN designation: 12 October 2011.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

According to open-source and official reporting, including the UNSC DRC Sanctions Committee's Group of Experts' reports, Mr Jamil Mukulu is the military leader of the Allied Democratic Forces (ADF), a foreign armed group operating in the DRC that impedes the disarmament and voluntary repatriation or resettlement of ADF combatants, as described in paragraph 4 (b) of resolution 1857 (2008). The UNSC DRC Sanction Committee's Group of Experts has reported that Mukulu has provided leadership and material support to the ADF, an armed group operating in the territory of the DRC. According to multiple sources including the UNSC DRC Sanctions Committee's Group of Experts' reports, Jamil Mukulu has also continued to exercise influence over the policies, provided financing, and maintained direct command and control over the activities of, ADF forces in the field, including overseeing links with international terrorist networks.

16.

Ignace MURWANASHYAKA (alias: Dr Ignace)

Title: Dr Date of Birth: 14 May 1963. Place of Birth: a) Butera, Rwanda, b) Ngoma, Butare, Rwanda. Nationality: Rwandan. Date of UN designation: 1 November 2005. Other information: Arrested by German authorities on 17 November 2009. Replaced by Gaston Iamuremye, alias “Rumuli” as President of FDLR-FOCA. Murwanashyaka's trial for war crimes and crimes against humanity committed by FDLR troops in DRC in 2008 and 2009 began on 4 May 2011 in a German court.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

President of the FDLR, and supreme commander of the FDLR armed forces exercising influence over policies, and maintaining command and control over the activities of FDLR forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in trafficking of arms, in violation of the arms embargo. In telephone communication with FDLR military field commanders (including during the Busurungi May 2009 massacre); gave military orders to the high command; involved in coordinating the transfer of arms and ammunition to FDLR units and relaying specific instructions for use; managing large sums of money raised through illicit sale of natural resources in areas of FDLR control. According to the Office of the SRSG on Children and Armed Conflict, he held command responsibility as President and military commander of FDLR for recruitment and use of children by the FDLR in Eastern Congo. Arrested by German authorities on 17 November 2009. Replaced by Gaston Iamuremye, alias “Rumuli” as President of FDLR-FOCA. Murwanashyaka's trial for war crimes and crimes against humanity committed by FDLR troops in DRC in 2008 and 2009 began on 4 May 2011 in a German court.

17.

Straton MUSONI (alias: IO Musoni)

Date of Birth: a) 6 April 1961, b) 4 June 1961. Place of Birth: Mugambazi, Kigali, Rwanda. Nationality: Rwandan. Date of UN designation: 29 March 2007. Other information: Arrested by German authorities on 17 November 2009. Musoni's trial for war crimes and crimes against humanity committed by FDLR troops in DRC in 2008 and 2009 began on 4 May 2011 in a German court. Replaced as 1st Vice-President of the FDLR by Sylvestre Mudacumura.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Through his leadership of the FDLR, a foreign armed group operating in the DRC, Musoni was impeding the disarmament and voluntary repatriation or resettlement of combatants belonging to those groups, in breach of resolution 1649 (2005). Arrested by German authorities on 17 November 2009. Musoni's trial for war crimes and crimes against humanity committed by FDLR troops in DRC in 2008 and 2009 began on 4 May 2011 in a German court. Replaced as 1st Vice-President of the FDLR by Sylvestre Mudacumura.

18.

Jules MUTEBUTSI (alias: a) Jules Mutebusi, b) Jules Mutebuzi, c) Colonel Mutebutsi)

Date of Birth: 1964. Place of Birth: Minembwe, South Kivu, DRC. Nationality: Congolese. Date of UN designation: 1 November 2005. Other information: Former FARDC Deputy Military Regional Commander of 10th Military Region in April 2004, dismissed for indiscipline. In December 2007, he was arrested by Rwandan authorities when he tried to cross the border into the DRC. He has lived since in semi-liberty in Kigali (not authorized to leave the country).

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Joined forces with other renegade elements of former RCD-G to take town of Bukavu in May2004 by force. Implicated in the receipt of weapons outside of FARDC structures and provision of supplies to armed groups and militia mentioned in paragraph 20 of Res. 1493 (2003), in violation of the arms embargo. Former FARDC Deputy Military Regional Commander of 10th Military Region in April 2004, dismissed for indiscipline. In December 2007, he was arrested by Rwandan authorities when he tried to cross the border into the DRC. He has lived since in semi-liberty in Kigali (not authorized to leave the country).

19.

Baudoin NGARUYE WA MYAMURO (alias: Colonel Baudoin Ngaruye)

Title: Military leader of the Mouvement du 23 Mars (M23). Designation: Brigadier General. Address: Rubavu/Mudende, Rwanda. Date of Birth: a) 1 April 1978 b) 1978. Place of Birth: a) Bibwe, DRC b) Lusamambo, Lubero territory, DRC. Nationality: Congolese. National identification no: FARDC ID 1-78-09-44621-80. Date of UN designation: 30 November 2012. Other information: Entered the Republic of Rwanda on 16.3.2013 at Gasizi/Rubavu.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

In April 2012, Ngaruye commanded the ex-CNDP mutiny, known as the Mouvement du 23 Mars (M23), under the orders of General Ntaganda. He is currently the third highest ranking military commander within the M23. The Group of experts on the DRC previously recommended him for designation in 2008 and 2009. He is responsible for and has committed severe violations of human rights and international law. He recruited and trained hundreds of children between 2008 and 2009 and then towards the end of 2010 for the M23. He has committed killing, maiming and abductions, often targeting women. He is responsible for executions and torture of deserters within the M23. In 2009 within the FARDC, he gave the orders to kill all men in Shalio village of Walikale. He also provided weapons, munitions and salaries in Masisi and Walikale under the direct orders from Ntaganda. In 2010 he orchestrated the forced displacement and expropriation of populations in the area of Lukopfu. He has also been extensively involved in criminal networks within the FARDC deriving profits from the mineral trade which led to tensions and violence with Colonel Innocent Zimurinda in 2011. Entered the Republic of Rwanda on 16.3.2013 at Gasizi/Rubavu.

20.

Mathieu, Chui NGUDJOLO (alias: Cui Ngudjolo)

Date of UN designation: 1 November 2005. Other information: Arrested by MONUC in Bunia in October 2003. Surrendered by the Government of the DRC to the International Criminal Court on 7 February 2008. Acquitted of all charges by the ICC in December 2012. After being released from custody, was detained by Dutch authorities, and has filed a claim for asylum in the Netherlands.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Chief of Staff and former Chief of Staff of the FRPI, exercising influence over policies and maintaining command and control the activities of FRPI forces, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), responsible for trafficking of arms, in violation of the arms embargo. According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children under 15 years old in Ituri in 2006. Arrested by MONUC in Bunia in October 2003. Surrendered by the Government of the DRC to the International Criminal Court on 7 February 2008. Acquitted of all charges by the ICC in December 2012. After being released from custody, was detained by Dutch authorities, and has filed a claim for asylum in the Netherlands.

21.

Floribert Ngabu NJABU (alias: a) Floribert Njabu Ngabu, b) Floribert Ndjabu, c) Floribert Ngabu Ndjabu)

Date of UN designation: 1 November 2005. Other information: Under house arrest in Kinshasa since March 2005 for FNI involvement in human rights abuses. Transferred to The Hague on 27 March 2011 to testify in the ICC Germain Katanga and Mathieu Ngudjolo trials. Applied for asylum in the Netherlands in May 2011. In October 2012, a Dutch court denied his asylum claim; the case is currently on appeal.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

President of FNI, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo. Under house arrest in Kinshasa since March 2005 for FNI involvement in human rights abuses. Transferred to The Hague on 27 March 2011 to testify in the ICC Germain Katanga and Mathieu Ngudjolo trials. Applied for asylum in the Netherlands in May 2011. In October 2012, a Dutch court denied his asylum claim; the case is currently on appeal.

22.

Laurent NKUNDA (alias: a) Nkunda Mihigo Laurent, b) Laurent Nkunda Bwatare, c) Laurent Nkundabatware, d) Laurent Nkunda Mahoro Batware, e) Laurent Nkunda Batware, f) Chairman, g) General Nkunda, h) Papa Six)

Date of Birth: a) 6 February 1967 b) 2 February 1967. Place of Birth: Rutshuru, North Kivu, DRC. Nationality: Congolese. Date of UN designation: 1 November 2005. Other information: Former RCD-G General. Founder, National Congress for the People's Defense, 2006; Senior Officer, Rally for Congolese Democracy-Goma (RCD-G), 1998-2006; Officer Rwandan Patriotic Front (RPF), 1992-1998. Laurent Nkunda was arrested by Rwandan authorities in Rwanda in January 2009 and replaced as the commander of the CNDP. Since then, he has been under house arrest in Kigali, Rwanda. DRC Government's request to extradite Nkunda for crimes committed in eastern DRC has been refused by Rwanda. In 2010, Nkunda's appeal for illegal detention was rejected by Rwandan court in Gisenyi, ruling that the matter should be examined by a military court. Nkunda's lawyers initiated a procedure with the Rwandan Military Court. Retains some influence over certain elements of the CNDP.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Joined forces with other renegade elements of former RCD-G to take Bukavu in May 04 by force. In receipt of weapons outside of FARDC in violation of the arms embargo. According to the Office of the SRSG on Children and Armed Conflict, he was responsible for 264 cases of recruitment and use of children by troops under his command in North Kivu from 2002 to 2009. Former RCD-G General. Founder, National Congress for the People's Defense, 2006; Senior Officer, Rally for Congolese Democracy-Goma (RCD-G), 1998-2006; Officer Rwandan Patriotic Front (RPF), 1992-1998. Laurent Nkunda was arrested by Rwandan authorities in Rwanda in January 2009 and replaced as the commander of the CNDP. Since then, he has been under house arrest in Kigali, Rwanda. DRC Government's request to extradite Nkunda for crimes committed in eastern DRC has been refused by Rwanda. In 2010, Nkunda's appeal for illegal detention was rejected by Rwandan court in Gisenyi, ruling that the matter should be examined by a military court. Nkunda's lawyers initiated a procedure with the Rwandan Military Court. Retains some influence over certain elements of the CNDP.

23.

Felicien NSANZUBUKIRE (alias: Fred Irakeza)

Designation: 1st battalion leader of the FDLR/FOCA, based in the Uvira-Sange area of South Kivu. Address: Magunda, Mwenga territory, South Kivu, DRC (As of June 2011). Date of Birth: 1967. Place of Birth: a) Murama, Kigali, Rwanda, b) Rubungo, Kigali, Rwanda, c) Kinyinya, Kigali, Rwanda. Nationality: Rwandan. Date of UN designation: 1 December 2010. Other information: A member of the FDLR since at least 1994 and operating in eastern DRC since October 1998.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Felicien Nsanzubukire supervised and coordinated the trafficking of ammunition and weapons between at least November 2008 and April 2009 from the United Republic of Tanzania, via Lake Tanganyika, to FDLR units based in the Uvira and Fizi areas of South Kivu. 1st battalion leader of the FDLR-FOCA, based in the Uvira-Sange area of South Kivu. A member of the FDLR since at least 1994 and operating in eastern DRC since October 1998.

24.

Pacifique NTAWUNGUKA (alias: a) Pacifique Ntawungula, b) Colonel Omega, c) Nzeri, d) Israel)

Designation: Commander, Operational Sector North Kivu “SONOKI” of FDLR-FOCA. Address: Matembe, North Kivu, DRC (As of June 2011). Date of Birth: a) 1 January 1964, b) Approximately 1964. Place of Birth: Gaseke, Gisenyi Province, Rwanda. Nationality: Rwandan. Date of UN designation: 3 March 2009. Other information: Received military training in Egypt.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Commander of the First Division of FOCA (FDLR armed wing). Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, in violation of Security Council resolution 1857 (2008) OP 4 (b). In evidence collated by the UNSC DRC Sanctions Committee Group of Experts, detailed in its report of 13 February 2008, girls recovered from FDLR-FOCA had previously been abducted and sexually abused. Since mid-2007, FDLR-FOCA, which previously recruited boys in their mid to late teens, has been forcefully recruiting youth from the age of 10 years. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, in violation of Security Council resolution 1857 (2008) OP4 (d) and (e). Received military training in Egypt.

25.

James NYAKUNI

Nationality: Ugandan. Date of UN designation: 1 November 2005.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Trade partnership with Jérôme Kakwavu, particularly smuggling across the DRC/Uganda border, including suspected smuggling of weapons and military material in unchecked trucks. Violation of the arms embargo and provision of assistance to armed groups and militia referred to in paragraph 20 of Res. 1493 (2003), including financial support that allows them to operate militarily.

26.

Stanislas NZEYIMANA (alias: a) Deogratias Bigaruka Izabayo, b) Izabayo Deo, c) Jules Mateso Mlamba, d) Bigaruka, e) Bigurura)

Designation: Deputy commander of the FDLR-FOCA. Address: Mukobervwa, North Kivu, DRC (As of June 2011.). Date of Birth: a) 1 January 1966 b) 28 August 1966 c) Approximately 1967. Place of Birth: Mugusa, Butare, Rwanda. Nationality: Rwandan. Date of UN designation: 3 March 2009.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Deputy Commander of the FOCA (an FDLR armed branch). Military leader of a foreign armed group operating in the Democratic Republic of the Congo, impeding the disarmament and the voluntary repatriation and resettlement of combatants, in violation of Security Council resolution 1857 (2008) OP 4 (b). In evidence collated by the UNSC DRC Sanctions Committee Group of Experts, detailed in its report of 13 February 2008, girls recovered from FDLR-FOCA had previously been abducted and sexually abused. Since mid-2007, FDLR-FOCA, which previously recruited boys in their mid to late teens, has been forcefully recruiting youth from the age of 10 years. The youngest are then used as escorts, and older children are deployed as soldiers on the frontline, in violation of Security Council resolution 1857 (2008) OP4 (d) and (e).

27.

Dieudonné OZIA MAZIO (alias: a) Ozia Mazio, b) Omari, c) Mr Omari)

Date of Birth: 6 June 1949. Place of Birth: Ariwara, DRC. Nationality: Congolese. Date of UN designation: 1 November 2005. Other information: While president of the Fédération des entreprises congolaises (FEC) in Aru territory, Dieudonné Ozia Mazio is believed to have died in Ariwara on 23 September 2008.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Financial schemes with Jerome Kakwavu and FAPC and smuggling across the DRC/Uganda border, allowing supplies and cash to be made available to Kakwavu and his troops. Violation of the arms embargo, including by providing assistance to armed groups and militia referred to in paragraph 20 of Res. 1493 (2003). While president of the Fédération des entreprises congolaises (FEC) in Aru territory, Dieudonné Ozia Mazio is believed to have died in Ariwara on 23 September 2008.

28.

Jean-Marie Lugerero RUNIGA (alias: Jean-Marie Rugerero)

Designation: M23, President. Address: Rubavu/Mudende, Rwanda. Date of Birth: a) Approximately 1960, b) 9 September 1966. Place of Birth: Bukavu, DRC. Date of UN designation: 31 December 2012. Other information: Entered the republic of Rwanda on 16 March 2013, at Gasizi/Rubavu.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

A July 9, 2012 document signed by M23 leader Sultani Makenga named Runiga as the coordinator of the political wing of M23. According to the document, Runiga's appointment was prompted by the need to ensure the visibility of the M23 cause. Runiga is named as the“President” of the M23 in postings on the group's website. His leadership role is corroborated by the November 2012 Group of Experts report, which refers to Runiga as the“leader of the M23”. According to a December 13, 2012 Associated Press article, Runiga showed the Associated Press a list of demands that he said will be presented to the Congolese government. Included in the demands are the resignation of Kabila and the dissolution of the national assembly. Runiga indicated that if given the opportunity, M23 could retake Goma. “And at this time we will not retreat,” Runiga told the Associated Press. He also indicated that M23's political branch should resume its control of Goma as a precondition to negotiations. “I think our members who are in Kampala represent us. In due time I will be there, too. I am waiting for things to be organized and when Kabila will be there, I will go, too,” Runiga said. According to a November 26, 2012 Le Figaro article, Runiga met with DRC President Kabila on November 24, 2012 to begin discussions. Separately, in an interview with Le Figaro, Runiga stated, “M23 is composed primarily of former FARDC military members who defected to protest the non-respect of the March 23, 2009 accords.” He added, “M23's soldiers are deserters from the army who left with their arms in hand. Recently, we recovered a lot of equipment from a military base in Bunagana. For the moment, this allows us to regain territory each day and to repel all the attacks from the FARDC.Our revolution is Congolese, led by the Congolese, for the Congolese people.” According to a November 22, 2012 Reuters article, Runiga stated that M23 had the capacity to hang on to Goma after M23's forces were bolstered by mutinying Congolese soldiers from the FARDC: “Firstly we have a disciplined army, and also we have the FARDC soldiers who've joined us. They're our brothers, they'll be retrained and recycled then we'll work with them.” According to a November 27, 2012 article published in The Guardian, Runiga indicated that M23 would refuse to obey a call by regional leaders of the International Conference of the Great Lakes to leave Goma in order to pave the way for peace talks. Instead, Runiga stated that M23's withdrawal from Goma would be the result, not a precondition, of negotiation. According to the 15 November 2012 Final Report of the Group of Experts, Runiga led a delegation that travelled to Kampala, Uganda on July 29, 2012 and finalized the M23 movement's 21-point agenda ahead of anticipated negotiations at the International Conference on the Great Lakes Region. According to a November 23, 2012 BBC article, M23 was formed when former members of the CNDP who had been integrated into the FARDC began to protest against bad conditions and pay, and lack of full implementation of the March 23, 2009 peace deal between the CNDP and the DRC that led to the CNDP's integration into the FARDC. M23 has been engaged in active military operations in order to take control of territory in eastern DRC, according to the November 2012 IPIS report. M23 and FARDC fought over control of several towns and villages in eastern DRC on July 24 and July 25, 2012; M23 attacked the FARDC in Rumangabo on July 26, 2012; M23 drove FARDC from Kibumba on November 17, 2012; and M23 took control of Goma on November 20, 2012. According to the November 2012 Group of Experts report, several ex-M23 combatants claim that M23 leaders summarily executed dozens of children who attempted to escape after being recruited as M23 child soldiers. According to a September 11, 2012 report by Human Rights Watch (HRW), a Rwandan man, 18, who escaped after being forcibly recruited in Rwanda told HRW that he witnessed the execution of a 16-year old boy from his M23 unit who had tried to flee in June. The boy was captured and beaten to death by M23 fighters in front of the other recruits. An M23 commander who ordered his killing then allegedly told the other recruits “[h]e wanted to abandon us”, as an explanation for why the boy had been killed. The report also states that witnesses claimed that at least 33 new recruits and other M23 fighters were summarily executed when they attempted to flee. Some were tied up and shot in front of other recruits as an example of the punishment they could receive. One young recruits told HRW, “[w]hen we were with M23, they said [we had a choice] and could stay with them or we could die. Lots of people tried to escape. Some were found and then that was immediately their death.” Entered the Republic of Rwanda on 16 March 2013, at Gasizi/Rubavu.

29.

Ntabo Ntaberi SHEKA

Designation: Commander-in-Chief, Nduma Defence of Congo, Mayi Mayi Sheka group. Date of Birth: 4 April 1976. Place of Birth: Walikalele territory, DRC. Nationality: Congolese. Date of UN designation: 28 November 2011.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Ntabo Ntaberi Sheka, Commander-in-Chief of the political branch of the Mayi Mayi Sheka, is the political leader of a Congolese armed group that impedes the disarmament, demobilization, or reintegration of combatants. The Mayi Mayi Sheka is a Congo-based militia group that operates from bases in Walikale territory in eastern Democratic Republic of the Congo. The Mayi Mayi Sheka group has carried out attacks on mines in eastern Democratic Republic of the Congo, including taking over the Bisiye mines and extorting from locals. Ntabo Ntaberi Sheka has also committed serious violations of international law involving the targeting of children. Ntabo Ntaberi Sheka planned and ordered a series of attacks in Walikale territory from 30 July to 2 August, 2010, to punish local populations accused of collaborating with Congolese Government forces. In the course of the attacks, children were raped and were abducted, subjected to forced labour and subjected to cruel, inhumane or degrading treatment. The Mayi Mayi Sheka militia group also forcibly recruits boys and holds children in their ranks from recruitment drives.

30.

Bosco TAGANDA (alias: a) Bosco Ntaganda, b) Bosco Ntagenda, c) General Taganda, d) Lydia, e) Terminator, f) Tango Romeo (Call sign), g) Romeo (Call sign), h) Major)

Address: Goma, DRC (As of June 2011). Date of Birth: Between 1973 and 1974. Place of Birth: Bigogwe, Rwanda. Nationality: Congolese. Date of UN designation: 1 November 2005. Other information: Born in Rwanda, he moved to Nyamitaba, Masisi territory, North Kivu, when he was a child. Nominated FARDC Brigadier-General by Presidential Decree on 11 December 2004, following Ituri peace agreements. Formerly Chief of Staff in CNDP and became CNDP military commander since the arrest of Laurent Nkunda in January 2009. Since January 2009, de facto Deputy Commander of consecutive anti-FDLR operations “Umoja Wetu”, “Kimia II”, and “Amani Leo” in North and South Kivu. Entered Rwanda in March 2013, and voluntarily surrender to ICC officials in Kigali on March 22. Transferred to the ICC in The Hague, where he was read the charges against him in an initial appearance hearing on March 26.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

UPC/L military commander, exercising influence over policies and maintaining command and control over the activities of UPC/L, one of the armed groups and militias referred to in paragraph 20 of Res. 1493 (2003), involved in the trafficking of arms, in violation of the arms embargo. He was appointed General in the FARDC in December 2004 but refused to accept the promotion, therefore remaining outside of the FARDC. According to the Office of the SRSG on Children and Armed Conflict, he was responsible for recruitment and use of children in Ituri in 2002 and 2003, and 155 cases of direct and/or command responsibility for recruitment and use of children in North Kivu from 2002 to 2009. As CNDP Chief of Staff, had direct and command responsibility for the massacre at Kiwanja (November 2008). Born in Rwanda, he moved to Nyamitaba, Masisi territory, North Kivu, when he was a child. As of June 2011, he resides in Goma and owns large farms in Ngungu area, Masisi territory, North Kivu. Nominated FARDC Brigadier-General by Presidential Decree on 11 December 2004, following Ituri peace agreements. Formerly Chief of Staff in CNDP and became CNDP military commander since the arrest of Laurent Nkunda in January 2009. Since January 2009, de facto Deputy Commander of consecutive anti-FDLR operations “Umoja Wetu”, “Kimia II”, and “Amani Leo” in North and South Kivu. Entered Rwanda in March 2013, and voluntarily surrender to ICC officials in Kigali on March 22. Transferred to the ICC in The Hague, where he was read the charges against him in an initial appearance hearing on March 26.

31.

Innocent ZIMURINDA (alias: Zimulinda)

Designation: a) M23, Bde Comd, Rank: Colonel, b) Colonel in the FARDC. Address: Rubavu, Mudende. Date of Birth: a) 1 September 1972, b) Approximately 1975, c) 16 March 1972. Place of Birth: a) Ngungu, Masisi territory, North Kivu, DRC, b) Masisi, DRC. Nationality: Congolese. Date of UN designation: 1 December 2010. Other information: Integrated in the FARDC in 2009 as a Lieutenant Colonel, brigade commander in FARDC Kimia II Ops, based in Ngungu area. In July 2009, Zimurinda was promoted to full Colonel and became FARDC Sector commander in Ngungu and subsequently in Kitchanga in FARDC Kimia II and Amani Leo Operations. Whereas Zimurinda did not appear in the 31 December 2010 DRC Presidential ordinance nominating high FARDC officers, Zimurinda de facto maintained his command position of FARDC 22nd sector in Kitchanga and wears the newly issued FARDC rank and uniform. He remains loyal to Bosco Ntaganda. In December 2010, recruitment activities carried out by elements under the command of Zimurinda were denounced in open source reports. Entered the Republic of Rwanda on 16 March 2013, at Gasizi/Rubavu.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

According to multiple sources, LTL Col Innocent Zimurinda, in his capacity as one of the commanders of the FARDC 231st Brigade, gave orders that resulted in the massacre of over 100 Rwandan refugees, mostly women and children, during an April 2009 military operation in the Shalio area. The UNSC DRC Sanctions Committee's Group of Experts reported that LTL Col Innocent Zimurinda was witnessed first-hand refusing to release three children from his command in Kalehe, on August 29, 2009. According to multiple sources, LTL Col Innocent Zimurinda, prior to the CNDP's integration into FARDC, participated in a November 2008 CNDP operation that resulted in the massacre of 89 civilians, including women and children, in the region of Kiwanja. In March 2010, 51 human rights groups working in eastern DRC alleged that Zimurinda was responsible for multiple human rights abuses involving the murder of numerous civilians, including women and children, between February 2007 and August 2007. LTL Col Innocent Zimurinda was accused in the same complaint of responsibility for the rape of a large number of women and girls. According to a May 21, 2010, statement by the Special Representative of the Secretary-General for Children and Armed Conflict, Innocent Zimurinda has been involved in the arbitrary execution of child soldiers, including during operation Kimia II. According to the same statement, he denied access by the UN Mission in the DRC (MONUC) to screen troops for minors. According to the UNSC DRC Sanctions Committee's Group of Experts, LTL Col Zimurinda holds direct and command responsibility for child recruitment and for maintaining children within troops under his command. Integrated in the FARDC in 2009 as a Lieutenant Colonel, brigade commander in FARDC Kimia II Ops, based in Ngungu area. In July 2009, Zimurinda was promoted to full Colonel and became FARDC Sector commander in Ngungu and subsequently in Kitchanga in FARDC Kimia II and Amani Leo Operations. Whereas Zimurinda did not appear in the 31 December 2010 DRC Presidential ordinance nominating high FARDC officers, Zimurinda de facto maintained his command position of FARDC 22nd sector in Kitchanga and wears the newly issued FARDC rank and uniform. He remains loyal to Bosco Ntaganda. In December 2010, recruitment activities carried out by elements under the command of Zimurinda were denounced in open source reports. Entered the Republic of Rwanda on 16 March 2013, at Gasizi/Rubavu.

b)   

List of entities referred to in Articles 3, 4 and 5.

1.

ADF (alias: a) Forces Democratiques Alliees-Armee Nationale de Liberation de l'Ouganda, b) ADF/NALU, c) Islamic Alliance of Democratic Forces)

Address: North Kivu Province, Democratic Republic of the Congo. Date of UN designation: 30 June 2014.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

The Allied Democratic Forces (“ADF”) was created in 1995 and is located in the mountainous DRC-Uganda border area. According to the United Nations Group of Experts on the Democratic Republic of the Congo's (“GOE”) 2013 final report, citing Ugandan officials and UN sources, in 2013 the ADF had an estimated strength of 1 200 to 1 500 armed fighters located in north-east Beni Territory of North Kivu province, close to the border with Uganda. These same sources estimate ADF's total membership — including women and children — to be between 1 600 and 2 500. Due to offensive military operations by the Congolese Armed Forces (FARDC) and the UN Organization Stabilization Mission in the DRC (MONUSCO) conducted in 2013 and 2014, ADF has dispersed its fighters to numerous smaller bases, and moved women and children to areas west of Beni, and along the Ituri-North Kivu border. The ADF's military commander is Hood Lukwago and its supreme leader is the sanctioned individual Jamil Mukulu.

The ADF has committed serious violations of international law and UNSCR 2078 (2012), including as detailed below.

The ADF has recruited and used child soldiers in violation of applicable international law (UNSCR paragraph 4 (d))

The GOE's 2013 final report stated that the GOE interviewed three former ADF fighters who had escaped during 2013 and who described how ADF recruiters in Uganda lure people to the DRC with false promises of employment (for adults) and free education (for children) and then force them to join the ADF. Also according to the GOE's report, former ADF fighters told the GOE that the ADF's training groups typically include adult men and boys and two boys who escaped from the ADF in 2013 told the GOE that they had received military training from the ADF. The GOE report also includes an account of ADF's training by a “former ADF child soldier”.

According to the GOE's 2012 final report, the ADF recruits include children, as exemplified by the case of an ADF recruiter who was captured by Ugandan authorities in Kasese with six young boys on his way to the DRC in July 2012.

A specific example of the ADF's recruitment and use of children is seen in a 6 January 2009 letter from the former Africa Director for Human Rights Watch, Georgette Gagnon, to Uganda's former Minister of Justice, Kiddhu Makubuyu, stating that a boy named Bushobozi Irumba was abducted at 9 years of age by the ADF in 2000. He was required to provide transport and other services to ADF fighters.

In addition, “The Africa Report” cited allegations that the ADF is allegedly recruiting children as young as 10 years of age as child soldiers and cited a Uganda People's Defence Force (UPDF) spokesperson as stating that the UPDF rescued 30 children from a training camp on Buvuma Island in Lake Victoria.

The ADF has also committed numerous violations of international human rights and international humanitarian law against women and children, including killing, maiming, and sexual violence (UNSCR paragraph 4 (e)).

According to the GOE 2013 final report, in 2013 the ADF attacked numerous villages, which prompted more than 66 000 people to flee into Uganda. These attacks depopulated a large area, which ADF has since controlled by abducting or killing people who return to their villages. Between July and September 2013, ADF decapitated at least five people in the Kamango area, shot several others, and kidnapped dozens more. These actions terrorized the local population and deterred people from returning home.

The Global Horizontal Note, a monitoring and reporting mechanism of grave violations against children in situations of armed conflict, reported to the Security Council's Working Group on Children and Armed Conflict (CAAC) that during the October to December 2013 reporting period, ADF was responsible for 14 of the 18 child casualties documented, including in an incident on 11 December 2013, in Beni territory, North Kivu, when ADF attacked the village of Musuku, killing 23 people, including 11 children (three girls and eight boys), aged 2 months to 17 years. All victims had all been severely mutilated with machetes, including two children who survived the attack.

The March 2014 Report of the Secretary-General on Conflict Related Sexual Violence identifies the “Allied Democratic Forces — National Army for the Liberation of Uganda” on its list of “Parties credibly suspected of committing or being responsible for rape or other forms of sexual violence in situations of armed conflict.”

The ADF has also participated in attacks against MONUSCO peacekeepers (UNSCR paragraph 4 (i)).

Finally, the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) reported that ADF has conducted at least two attacks on MONUSCO peacekeepers. The first, on 14 July 2013, was an attack on a MONUSCO patrol on the road between Mbau and Kamango. This attack is detailed in the 2013 GOE final report. The second attack occurred on March 3, 2014. A MONUSCO vehicle was attacked with grenades ten kilometers from the Mavivi airport in Beni, resulting in injuries to five peacekeepers.

2.

BUTEMBO AIRLINES (BAL)

Address: Butembo, DRC. Date of UN designation: 29 March 2007. Other information: Privately-owned airline, operates out of Butembo. Since December 2008, BAL no longer holds an aircraft operating license in the DRC.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Kisoni Kambale (deceased on 5 July 2007 and subsequently de-listed on 24 April 2008) used his airline to transport FNI gold, rations and weapons between Mongbwalu and Butembo. This constitutes “provision of assistance” to illegal armed groups in breach of the arms embargo of resolutions 1493 (2003) and 1596 (2005). Privately-owned airline, operates out of Butembo. Since December 2008, BAL no longer holds an aircraft operating license in the DRC.

3.

COMPAGNIE AERIENNE DES GRANDS LACS (CAGL); GREAT LAKES BUSINESS COMPANY (GLBC) (alias: CAGL)

Address: a) Avenue Président Mobutu, Goma, DRC, b) Gisenyi, Rwanda, c) PO BOX 315, Goma, DRC. Date of UN designation: 29 March 2007. Other information: As of December 2008, GLBC no longer had any operational aircraft, although several aircraft continued flying in 2008 despite UN sanctions.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

CAGL and GLBC are companies owned by Douglas MPAMO, an individual already subject to sanctions under resolution 1596 (2005). CAGL and GLBC were used to transport arms and ammunition in violation of the arms embargo of resolutions 1493 (2003) and 1596 (2005). As of December 2008, GLBC no longer had any operational aircraft, although several aircraft continued flying in 2008 despite UN sanctions.

4.

CONGOMET TRADING HOUSE

Address: Butembo, North Kivu. Date of UN designation: 29 March 2007. Other information: No longer exists as a gold trading house in Butembo, North Kivu.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Congomet Trading House (formerly listed as Congocom) was owned by Kisoni Kambale (deceased on 5 July 2007 and subsequently de-listed on 24 April 2008). Kambale acquired almost all the gold production in the Mongbwalu district, which was controlled by the FNI. The FNI derived substantial income from taxes imposed on this production. This constitutes “provision of assistance” to illegal armed groups in breach of the arms embargo of resolutions 1493 (2003) and 1596 (2005). No longer exists as a gold trading house in Butembo, North Kivu.

5.

FORCES DEMOCRATIQUES DE LIBERATION DU RWANDA (FDLR) (alias: a) FDLR, b) Force Combattante Abacunguzi, c) Combatant Force for the Liberation of Rwanda, d) FOCA)

Address: a) North Kivu, DRC b) South Kivu, DRC. Date of UN designation: 31 December 2012. Other information: E-mail: Fdlr@fmx.de; fldrrse@yahoo.fr; fdlr@gmx.net.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

The FDLR is one of the largest foreign armed groups operating in the territory of the DRC. The group was formed in 2000, and has committed serious violations of international law involving the targeting of women and children in armed conflict, including killing and maiming, sexual violence, and forced displacement. According to a 2010 report from Amnesty International, the FDLR were responsible for the killings of ninety-six civilians in Busurungi, Walikale territory. Some of the victims were burned alive in their homes. According to the same source, in June 2010, an NGO medical centre reported around sixty cases a month of girls and women who had been raped in the southern Lubero territory, North-Kivu by armed groups including the FDLR. According to a December 20, 2010 report from Human Rights Watch (HRW), there has been documented evidence of the FDLR actively conducting child recruitment. HRW identified at least 83 Congolese children under the age of 18, some as young as 14, who had been forcibly recruited by the FDLR. In January 2012, HRW reported that FLDR combatants attacked numerous villages in the Masisi territory, killing six civilians, raping two women, and abducting at least 48 people. According to a June 2012 report from HRW, in May 2012 FDLR fighters attacked civilians in Kamananga and Lumenje, in South Kivu province, as well as in Chambucha, Walikale territory, and villages in the Ufumandu area of Masisi territory, North Kivu province. In these attacks, FDLR fighters with machetes and knives hacked to death dozens of civilians, including numerous children. According to the June 2012 Group of Experts Report, the FDLR attacked several villages in South Kivu from December 31, 2011 to January 4, 2012. A United Nations investigation confirmed that at least 33 persons, including 9 children and 6 women, had been killed, either burned alive, decapitated or shot during the attack. In addition, one woman and one girl had been raped. The June 2012 Group of Experts Report also states that a United Nations investigation confirmed that the FDLR massacred at least 14 civilians, including 5 women and 5 children in South Kivu in May 2012. According to the November 2012 Group of Experts report, the UN documented at least 106 incidents of sexual violence committed by the FDLR between December 2011 and September 2012. The November 2012 Group of Experts report notes that, according to a UN investigation, the FDLR raped seven women in the night of 10 March 2012, including a minor, in Kalinganya, Kabare territory. The FDLR attacked the village again on 10 April 2012 and raped three of the women for the second time. The November 2012 Group of Experts report also reports 11 killings by the FDLR in Bushibwambombo, Kalehe on 6 April 2012, and FDLR involvement in 19 further killings in Masisi territory, including five minors and six women, in May. The Mouvement Du 23 Mars (M23) is an armed group operating in the DRC that has been the recipient of arms and related materiel, including advice, training, and assistance related to military activities. Several eyewitness testimonies state that M23 receives general military supplies from the Rwandan Defense Forces (RDF) in the form of weapons and ammunition in addition to materiel support for combat operations. M23 has been complicit in and responsible for committing serious violations of international law involving the targeting of women and children in situations of armed conflict in the DRC including killing and maiming, sexual violence, abduction, and forced displacement. According to numerous reports, investigations, and testimonies from eyewitnesses, M23 has been responsible for carrying out mass killings of civilians, as well as raping women and children throughout various regions of the DRC. Several reports indicate that M23 fighters have carried out 46 rapes against women and girls, the youngest of which was 8 years old. In addition to reports of sexual violence, M23 has also carried out extensive forced recruitment campaigns of children into the ranks of the group. It is estimated that M23 has carried out the forced recruitment of 146 young men and boys in the Rutshuru territory alone in eastern DRC since July 2012. Some of the victims have been as young as 15 years old. The atrocities committed by M23 against the civilian population of the DRC, as well as M23's forced recruitment campaign, and being the recipient of arms and military assistance has dramatically contributed to instability and conflict within the region and in some instances, violated international law.

6.

M23

Date of UN designation: 31 December 2012.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

The Mouvement Du 23 Mars (M23) is an armed group operating in the DRC that has been the recipient of arms and related materiel, including advice, training, and assistance related to military activities. Several eyewitness testimonies state that M23 receives general military supplies from the Rwandan Defense Forces (RDF) in the form of weapons and ammunition in addition to materiel support for combat operations. M23 has been complicit in and responsible for committing serious violations of international law involving the targeting of women and children in situations of armed conflict in the DRC including killing and maiming, sexual violence, abduction, and forced displacement. According to numerous reports, investigations, and testimonies from eyewitnesses, M23 has been responsible for carrying out mass killings of civilians, as well as raping women and children throughout various regions of the DRC. Several reports indicate that M23 fighters have carried out 46 rapes against women and girls, the youngest of which was 8 years old. In addition to reports of sexual violence, M23 has also carried out extensive forced recruitment campaigns of children into the ranks of the group. It is estimated that M23 has carried out the forced recruitment of 146 young men and boys in the Rutshuru territory alone in eastern DRC since July 2012. Some of the victims have been as young as 15 years old. The atrocities committed by M23 against the civilian population of the DRC, as well as M23's forced recruitment campaign, and being the recipient of arms and military assistance has dramatically contributed to instability and conflict within the region and in some instances, violated international law.

7.

MACHANGA LTD

Address: Kampala, Uganda. Date of UN designation: 29 March 2007. Other information: Gold export company (Directors: Mr Rajendra Kumar Vaya and Mr Hirendra M. Vaya). In 2010, assets belonging to Machanga, held in the account of Emirates Gold, were frozen by Bank of Nova Scotia Mocatta (UK). The previous owner of Machanga, Rajendra Kumar, and his brother Vipul Kumar, have remained involved in purchasing gold from eastern DRC.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Machanga bought gold through a regular commercial relationship with traders in the DRC tightly linked to militias. This constitutes “provision of assistance” to illegal armed groups in breach of the arms embargo of resolutions 1493 (2003) and 1596 (2005). Gold export company (Directors: Mr Rajendra Kumar Vaya and Mr Hirendra M. Vaya). In 2010, assets belonging to Machanga, held in the account of Emirates Gold, were frozen by Bank of Nova Scotia Mocatta (UK). The previous owner of Machanga, Rajendra Kumar, and his brother Vipul Kumar, have remained involved in purchasing gold from eastern DRC.

8.

TOUS POUR LA PAIX ET LE DEVELOPPEMENT (NGO) (alias: TPD)

Address: Goma, North Kivu, DRC. Date of UN designation: 1 November 2005. Other information: Goma, with provincial committees in South Kivu, Kasai Occidental, Kasai Oriental and Maniema Officially suspended all activities since 2008. In practice, as of June 2011 TPD offices are open and involved in cases related to returns of IDPs, community reconciliation initiatives, land conflict settlements, etc. The TPD President is Eugene Serufuli and Vice-President is Saverina Karomba. Important members include North Kivu provincial deputies Robert Seninga and Bertin Kirivita.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Implicated in violation of the arms embargo by providing assistance to RCD-G, particularly in supplying trucks to transport arms and troops, and also by transporting weapons for distribution to parts of the population in Masisi and Rutshuru, North Kivu, in early 2005. Goma, with provincial committees in South Kivu, Kasai Occidental, Kasai Oriental and Maniema Officially suspended all activities since 2008. In practice, as of June 2011 TPD offices are open and involved in cases related to returns of IDPs, community reconciliation initiatives, land conflict settlements, etc. The TPD President is Eugene Serufuli and Vice-President is Saverina Karomba. Important members include North Kivu provincial deputies Robert Seninga and Bertin Kirivita.

9.

UGANDA COMMERCIAL IMPEX (UCI) LTD

Address: a) Kajoka Street, Kisemente, Kampala, Uganda (Tel. +256 41 533 578/9), b) PO BOX 22709, Kampala, Uganda. Date of UN designation: 29 March 2007. Other information: Gold export company. (Former directors Mr J.V. LODHIA — known as “Chuni”- and his son Mr Kunal LODHIA). In January 2011, Ugandan authorities notified the Committee that following an exemption on its financial holdings, Emirates Gold repaid UCI's debt to Crane Bank in Kampala, leading to final closure of its accounts. The previous owner of UCI, J.V. Lodhia and his son Kumal Lodhia have remained involved in purchasing gold from eastern DRC.

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

UCI bought gold through a regular commercial relationship with traders in the DRC tightly linked to militias. This constitutes “provision of assistance” to illegal armed groups in breach of the arms embargo of resolutions 1493 (2003) and 1596 (2005). Gold export company. (Former directors Mr J.V. LODHIA — known as “Chuni”- and his son Mr Kunal LODHIA). In January 2011, Ugandan authorities notified the Committee that following an exemption on its financial holdings, Emirates Gold repaid UCI's debt to Crane Bank in Kampala, leading to final closure of its accounts. The previous owner of UCI, J.V. Lodhia and his son Kumal Lodhia have remained involved in purchasing gold from eastern DRC.’


2.12.2014   

EN

Official Journal of the European Union

L 346/52


COUNCIL IMPLEMENTING DECISION 2014/863/CFSP

of 1 December 2014

implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,

Having regard to Council Decision 2013/798/CFSP of 23 December 2013 concerning restrictive measures against the Central African Republic (1), and in particular Article 2c thereof,

Whereas:

(1)

On 23 December 2013, the Council adopted Decision 2013/798/CFSP.

(2)

On 4 November 2014, the Sanctions Committee established pursuant to United Nations Security Council Resolution (‘UNSCR’) 2127 (2013) updated the information regarding three persons on the list of persons and entities subject to the measures imposed by paragraphs 30 and 32 of UNSCR 2134 (2014).

(3)

The Annex to Decision 2013/798/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2013/798/CFSP is hereby replaced by 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, 1 December 2014.

For the Council

The President

B. LORENZIN


(1)   OJ L 352, 24.12.2013, p. 51.


ANNEX

‘ANNEX

LIST OF PERSONS REFERRED TO IN ARTICLE 2a AND OF PERSONS AND ENTITIES REFERRED TO IN ARTICLE 2b

A.   Persons

1.   François Yangouvonda BOZIZÉ (alias: a) Bozize Yangouvonda)

Date of Birth: 14 October 1946.

Place of Birth: Mouila, Gabon.

Nationality: Central African Republic.

Address: Uganda.

Other information: Mother's name is Martine Kofio.

Date of UN designation: 9 May 2014.

Information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Bozize was listed on 9 May 2014 pursuant to paragraph 36 of resolution 2134 (2014) as “engaging in or providing support for acts that undermine the peace, stability or security of CAR.”

Additional information

In liaison with his supporters, Bozize encouraged the attack of 5 December 2013 on Bangui. Since then, he has continued trying to run destabilization operations in order to maintain tensions in the capital of CAR. Bozize reportedly created the anti-Balaka militia group before he fled the CAR on March 24, 2013. In a communique, Bozize called on his militia to pursue the atrocities against the current regime and the Islamists. Bozize reportedly provided financial and material support to militiamen who are working to destabilize the ongoing transition and to bring Bozize back to power. The bulk of the anti-Balaka are from the Central African Armed Forces who dispersed into the countryside after the coup d'état and were subsequently reorganized by Bozize. Bozize and his supporters control more than half the anti-Balaka units.

Forces loyal to Bozize were armed with assault rifles, mortars and rocket-launchers and they have become increasingly involved in reprisal attacks against CAR's Muslim population. The situation in CAR deteriorated rapidly after the December 5, 2013 attack in Bangui by anti-Balaka forces that left over 700 people dead.

2.   Nourredine ADAM (alias: a) Nureldine Adam; b) Nourreldine Adam; c) Nourreddine Adam; d) Mahamat Nouradine Adam)

Designation: a) General; b) Minister for Security; c) Director General of the “Extraordinary Committee for the Defence of Democratic Achievements”.

Date of birth: a) 1970 b) 1969 c) 1971 d) 1 January 1970.

Place of birth: Ndele, Central African Republic.

Nationality: Central African Republic. Passport no.: D00001184

Address: Birao, Central African Republic.

Date of UN designation: 9 May 2014

Information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Nourredine was listed on 9 May 2014 pursuant to paragraph 36 of resolution 2134 (2014) as “engaging in or providing support for acts that undermine the peace, stability or security of CAR.”

Additional information

Noureddine is one of the original leaders of the Seleka. He has been identified as both a General and the President of one of the armed rebel groups of the Seleka, the Central PJCC, a group formally known as the Convention of Patriots for Justice and Peace and whose acronym is also acknowledged as CPJP. As former head of the “Fundamental” splinter group of the Convention of Patriots for Justice and Peace (CPJP/F), he was the military coordinator of the ex-Séléka during offensives in the former rebellion in the Central African Republic between early December 2012 and March 2013. Without Noureddine's assistance and close relationship with Chadian Special Forces, the Seleka would likely have been unable to wrest power from former CAR President Francois Bozize.

Since the appointment as interim president of Catherine Samba-Panza on 20 January 2014, he was one of the main architects of the ex-Séléka's tactical withdrawal in Sibut with the aim of implementing his plan to create a Muslim stronghold in the north of the country. He had clearly urged his forces to resist the injunctions of the transitional government and of the military leaders of the African-led International Support Mission in the Central African Republic (MISCA). Noureddine actively directs ex-Seleka, the former Seleka forces that were reportedly dissolved by Djotodia in September 2013, and directs operations against Christian neighborhoods and continues to provide significant support and direction to the ex-Seleka operating in CAR.

Nourredine was also listed on 9 May 2014 pursuant to paragraph 37(b) of resolution 2134 (2014) as “involved in planning, directing, or committing acts that violate international human rights law or international humanitarian law, as applicable.”

Additional information

After the Séléka took control of Bangui on 24 March 2013, Nourredine Adam was appointed Minister for Security, then Director General of the “Extraordinary Committee for the Defence of Democratic Achievements” (Comité extraordinaire de défense des acquis démocratiques- CEDAD, a now-defunct CAR intelligence service). Nourredine Adam used the CEDAD as his personal political police, carrying out many arbitrary arrests, acts of torture and summary executions. In addition, Noureddine was one of the key figures behind the bloody operation in Boy Rabe. In August 2013, Seleka forces stormed Boy Rabe, a CAR neighborhood regarded as a bastion of Francois Bozize supporters and his ethnic group. Under the pretext of looking for arms caches, Seleka troops reportedly killed scores of civilians and went on a rampage of looting. When these raids spread to other quarters, thousands of residents invaded the international airport, which was perceived as a safe place because of the presence of French troops, and occupied its runway.

Nourredine was also listed on 9 May 2014 pursuant to paragraph 37(d) of resolution 2134 (2014) as “providing support for armed groups or criminal networks through illegal exploitation of natural resources”.

Additional information

In early 2013, Nourredine Adam played an important role in the ex-Séléka's financing networks. He travelled to Saudi Arabia, Qatar and the United Arab Emirates to collect funds for the former rebellion. He also operated as a facilitator for a Chadian diamond-trafficking ring operating between the Central African Republic and Chad.

3.   Levy YAKETE (alias: a) Levi Yakite; b) Levy Yakété; c) Levi Yakété)

Date of birth: a) 14 August 1964 b) 1965.

Place of Birth: Bangui, Central African Republic.

Nationality: Central African Republic.

Address: Nantes, France.

Other information: Father's name is Pierre Yakété and Mother's name is Joséphine Yamazon.

Date of UN designation: 9 May 2014

Information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Yakete was listed on 9 May 2014 pursuant to paragraph 36 of resolution 2134 (2014) as “engaging in or providing support for acts that undermine the peace, stability or security of CAR.”

Additional information

On December 17, 2013, Yakite became the political coordinator of the newly formed People's Resistance Movement for Reforming of the Central African Republic anti-Balaka rebel group. He has been directly involved in decisions of a rebel group that has been involved in acts that have undermined peace, stability and security in the CAR, in particular on and since 5 December 2013. In addition, this group has been explicitly singled out by resolutions 2127, 2134 and 2149 for such acts. Yakite has been accused of ordering the arrest of people connected to the Seleka, calling for attacks on people who do not support President Bozize, and recruiting young militiamen to attack those hostile to the regime with machetes. Having remained in the entourage of François Bozizé after March 2013, he joined the Front for the Return to Constitutional Order in CAR (Front pour le Retour à l'Ordre Constitutionnel en CentrAfrique — FROCCA), which aimed to return the deposed president to power by whatever means necessary.

In late summer 2013, he travelled to Cameroon and Benin, where he attempted to recruit people to fight against the Séléka. In September 2013, he tried to regain control over operations led by pro-Bozizé fighters in towns and villages near to Bossangoa. Yakété is also suspected of promoting the distribution of machetes to young unemployed Christians to facilitate their attacks on Muslims.

B.   Entities’

.

2.12.2014   

EN

Official Journal of the European Union

L 346/56


COMMISSION IMPLEMENTING DECISION

of 28 November 2014

concerning certain protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in Germany

(notified under document C(2014) 9112)

(Only the German text is authentic)

(Text with EEA relevance)

(2014/864/EU)

THE EUROPEAN COMMISSION,

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

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,

Whereas:

(1)

Avian influenza is an infectious viral disease in birds, including poultry. Infections with avian influenza viruses in domestic poultry cause two main forms of that disease that are distinguished by their virulence. The low pathogenic form generally only causes mild symptoms, while the highly pathogenic form results in very high mortality rates in most poultry species. That disease may have a severe impact on the profitability of poultry farming.

(2)

Avian influenza is mainly found in birds, but under certain circumstances infections can also occur in humans even though the risk is generally very low.

(3)

In the event of an outbreak of avian influenza, there is a risk that the disease agent might spread to other holdings where poultry or other captive birds are kept. As a result it may spread from one Member State to other Member States or to third countries through trade in live birds or their products.

(4)

Council Directive 2005/94/EC (3) sets out certain preventive measures relating to the surveillance and the early detection of avian influenza and the minimum control measures to be applied in the event of an outbreak of that disease in poultry or other captive birds. That Directive provides for the establishment of protection and surveillance zones in the event of an outbreak of highly pathogenic avian influenza.

(5)

Following the notification by Germany of an outbreak of highly pathogenic avian influenza of subtype H5N8 in a turkey fattening holding in the commune of Heinrichswalde, in the district of Vorpommern-Greifswald in the Land Mecklenburg-Western Pomerania, on 5 November 2014, Commission Implementing Decision 2014/778/EU (4) was adopted.

(6)

Implementing Decision 2014/778/EU provides that the protection and surveillance zones established by Germany, in accordance with Directive 2005/94/EC, are to comprise at least the areas listed as protection and surveillance zones in the Annex to that Implementing Decision. Implementing Decision 2014/778/EU is to apply until 22 December 2014.

(7)

The interim protective measures put in place following the outbreak in Germany have now been reviewed within the framework of the Standing Committee on Plants, Animals, Food and Feed.

(8)

In order to prevent any unnecessary disturbance to trade within the Union and to avoid unjustified barriers to trade being imposed by third countries, it is necessary to define the protection and surveillance zones established in Germany at Union level in collaboration with that Member State and to fix the duration of that regionalisation. In addition, the boundaries of the areas listed in the Annex to Implementing Decision 2014/778/EU need to be amended slightly in order to enlarge the surveillance zone and to take better account of certain administrative boundaries in that Member State.

(9)

For the sake of clarity, Implementing Decision 2014/778/EU should be repealed.

(10)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS DECISION:

Article 1

Germany shall ensure that the protection and surveillance zones established in accordance with Article 16(1) of Directive 2005/94/EC comprise at least the areas listed as protection and surveillance zones in Parts A and B of the Annex to this Decision.

Article 2

Implementing Decision 2014/778/EU is repealed.

Article 3

This Decision is addressed to the Federal Republic of Germany.

Done at Brussels, 28 November 2014.

For the Commission

Vytenis ANDRIUKAITIS

Member of the Commission


(1)   OJ L 395, 30.12.1989, p. 13.

(2)   OJ L 224, 18.8.1990, p. 29.

(3)  Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza and repealing Directive 92/40/EEC (OJ L 10, 14.1.2006, p. 16).

(4)  Commission Implementing Decision 2014/778/EU of 6 November 2014 concerning certain interim protective measures in relation to highly pathogenic avian influenza of subtype H5N8 in Germany (OJ L 325, 8.11.2014, p. 26).


ANNEX

PART A

Protection zone as referred to in Article 1:

ISO Country Code

Member State

Code

(if available)

Name

Date until applicable in accordance with Article 29 of Directive 2005/94/EC

DE

Germany

Postal code

Area comprising:

1.12.2014

 

 

Mecklenburg-Western Pomerania

 

 

 

 

17379

Municipality of Heinrichswalde

 

 

 

17335

Town of Strasburg including the part Neuensund

 

 

 

17379

Municipality of Wilhelmsburg including the part Mühlenhof

 

 

 

17379

An area of the municipality of Rothemühl with an approximate width of 1 800  m along the Northern, Western and Southern borders of that municipality

 

PART B

Surveillance zone as referred to in Article 1:

ISO Country Code

Member State

Code

(if available)

Name

Date until applicable in accordance with Article 31 of Directive 2005/94/EC

DE

Germany

Postal

Area comprising:

10.12.2014

 

 

Mecklenburg-Western Pomerania

 

 

 

 

17099

Municipality of Galenbeck

 

 

 

17337

Municipality of Schönhausen

 

 

 

17098

Municipality of Friedland including the area of the Heinrichswalder Forest

 

 

 

17349

Municipality of Schönbeck including the area of the Ratteyer Forest

 

 

 

17349

Municipality of Voigtsdorf including the area of the gravel quarry

 

 

 

17379

Municipality of Wilhelmsburg including the parts:

Eichhof

Eichhof settlement

Fleethof

Friedrichshagen

Grünhof

Johannesberg

Mariawerth

Mittagsberg

Wilhelmsburg

 

 

 

17335

Town of Strasburg including the parts Gehren and Schwarzensee with the areas Rosenthal und Klepelshagen

Town of Strasburg including the parts:

Burgwall

Wilhelmslust

Ziegelhausen

Schwarzensee settlement

Schönburg

Marienfelde

Karlsfelde

 

 

 

17379

Municipality of Altwigshagen, including the parts Altwigshagen and Demnitz

 

 

 

17309

Municipality of Jatznick including the parts:

Klein Luckow

Waldeshöhe

Groß Spiegelberg

 

 

 

17379

Ferdinandshof including the part Ferdinandshof

 

 

 

17358

Town of Torgelow including the part Heinrichsruh

 

 

 

17337

Municipality of Groß Luckow

 

 

 

17379

Municipality of Rothemühl

 

 

 

Brandenburg

 

 

 

 

17337

Municipality of Uckerland including the parts Hansfelde and Wismar. This area is delimited to the East, North and West by the border of the Land of Brandenburg with the Land of Mecklenburg-Western Pomerania and to the South by the motorway A 20

 


ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

2.12.2014   

EN

Official Journal of the European Union

L 346/60


DECISION No 1/2014 OF THE EU-TUNISIA ASSOCIATION COUNCIL

of 26 September 2014

amending Article 15(7) of Protocol No 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation

(2014/865/EU)

THE ASSOCIATION COUNCIL,

Having regard to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, and in particular Article 39 of Protocol No 4 thereto,

Whereas:

(1)

Article 15(7) of Protocol No 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part (1), (‘the Agreement’), as amended by Decision No 1/2012 of the EU-Tunisia Association Council of 20 February 2012 (2), allows drawback or partial exemption from customs duties or taxes with equivalent effect, subject to certain conditions, until 31 December 2012.

(2)

To provide clarity, long-term economic predictability and legal certainty for economic operators, the Parties to the Agreement have agreed to extend the application period of Article 15(7) of Protocol No 4 to the Agreement by three years, with effect from 1 January 2013.

(3)

Protocol No 4 to the Agreement should therefore be amended accordingly.

(4)

Since Article 15(7) of Protocol No 4 to the Agreement no longer applies as of 31 December 2012, this Decision should apply from 1 January 2013,

HAS ADOPTED THIS DECISION:

Article 1

The last subparagraph of Article 15(7) of Protocol No 4 to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, concerning the definition of the concept of ‘originating products’ and methods of administrative cooperation is replaced by the following text:

‘This paragraph shall apply until 31 December 2015 and may be reviewed by common accord.’

Article 2

This Decision shall enter into force on the date of its adoption.

It shall apply from 1 January 2013.

Done at Brussels, 26 September 2014.

For the Association Council

The President

F. MOGHERINI


(1)   OJ L 97, 30.3.1998, p. 2.

(2)   OJ L 106, 18.4.2012, p. 28.