ISSN 1977-0677 |
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Official Journal of the European Union |
L 194 |
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English edition |
Legislation |
Volume 65 |
Contents |
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II Non-legislative acts |
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REGULATIONS |
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DECISIONS |
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EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
21.7.2022 |
EN |
Official Journal of the European Union |
L 194/1 |
COUNCIL REGULATION (EU) 2022/1273
of 21 July 2022
amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,
Having regard to Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (1),
Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,
Whereas:
(1) |
Council Regulation (EU) No 269/2014 (2) gives effect to restrictive measures provided for in Decision 2014/145/CFSP. |
(2) |
On 21 July 2022, the Council adopted Decision (CFSP) 2022/1272 (3) amending Decision 2014/145/CFSP, whereby it introduced a further derogation from the asset freeze and the prohibition to make funds and economic resources available to designated persons and entities in order to urgently prevent or mitigate an event likely to have a serious and significant impact on human health and safety or the environment. |
(3) |
In view of the Union’s determined stance to avoid and combat food insecurity arround the world, and in order to avoid disruptions in the payment channels for agricultural products, Decision (CFSP) 2022/1272 also introduces a derogation from the asset freeze and the prohibition to make funds and economic resources available to designated banks. |
(4) |
Decision (CFSP) 2022/1272 also introduces a derogation from the asset freeze and the prohibition to make funds and economic resources available for the orderly wind-down of operations, including correspondent banking relations, with one designated bank. |
(5) |
In order to ensure effective and uniform implementation of Regulation (EU) No 269/2014, and in view of the increasing complexity of sanction evasion schemes, which hamper such implementation, it is necessary to oblige designated persons and entities with assets within the jurisdiction of a Member State to report these assets and to cooperate with the competent authority in the verification of this reporting. It is also appropriate to strengthen the provisions on reporting obligations for Union operators, with a view to preventing the breach and circumvention of the asset freezes. Failure to respect this obligation would constitute a circumvention of the freezing of assets and would be subject to penalties if the conditions for such penalties are met under applicable national rules and procedures. |
(6) |
This Regulation should be applied in compliance with the rights and principles recognised by the Charter of Fundamental Rights of the European Union, in particular the right to property, the right to an effective remedy and to a fair trial, respect for private and family life, the protection of personal data, as well as notably the lawyers’ duty of confidentiality to their clients. |
(7) |
These amendments fall within the scope of the Treaty and therefore regulatory action at the level of the Union is necessary in order to implement them, in particular with a view to ensuring their uniform application in all Member States. |
(8) |
Regulation (EU) No 269/2014 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 269/2014 is amended as follows:
(1) |
Article 6b is amended as follows:
|
(2) |
the following Articles are inserted: ‘Article 6d 1. By way of derogation from Article 2, the competent authorities of a Member State may authorise, under such conditions as they deem appropriate, the release of certain frozen economic resources, after having determined that:
2. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1, within two weeks of the authorisation. Article 6e 1. By way of derogation from Article 2, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources belonging to the entities listed under entry numbers 53, 54, 55, 79, 80, 81, 82 and 108 in Annex I, or the making available of certain funds or economic resources to those entities, under such conditions as the competent authorities deem appropriate and after having determined that such funds or economic resources are necessary for the purchase, import or transport of agricultural and food products, including wheat and fertilisers. 2. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1, within two weeks of the authorisation.’; |
(3) |
Article 8 is amended as follows:
|
(4) |
Article 9 is replaced by the following: ‘Article 9 1. It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the measures referred to in Article 2. 2. Natural or legal persons, entities or bodies listed in Annex I, shall:
3. Failure to comply with paragraph 2 shall be considered as participation, as referred to in paragraph 1, in activities the object or effect of which is to circumvent the measures referred to in Article 2. 4. The Member State concerned shall inform the Commission within two weeks of the information received pursuant to paragraph 2(a). 5. The obligation in paragraph 2(a) shall not apply until 1 January 2023 with regard to funds or economic resources located in a Member State that had laid down a similar reporting obligation under national law before 21 July 2022. 6. Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received. 7. Any processing of personal data shall be carried out in accordance with this Regulation, Regulation (EU) 2016/679 and Regulation (EU) 2018/1725 of the European Parliament and of the Council and only in so far as necessary for the application of 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, 21 July 2022.
For the Council
The President
M. BEK
(1) OJ L 78, 17.3.2014, p. 16.
(2) Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 78, 17.3.2014, p. 6).
(3) Council Decision (CFSP) 2022/1272 of 21 July 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 193, 21.7.2022).
21.7.2022 |
EN |
Official Journal of the European Union |
L 194/5 |
COUNCIL IMPLEMENTING REGULATION (EU) 2022/1274
of 21 July 2022
implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
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 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (1), and in particular Article 14(1) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 17 March 2014, the Council adopted Regulation (EU) No 269/2014. |
(2) |
The Union remains unwavering in its support for Ukraine’s sovereignty and territorial integrity and continues to condemn actions and policies undermining the territorial integrity of Ukraine. |
(3) |
The Syrian regime provides support, including military support, for Russia’s unprovoked and unjustified war of aggression against Ukraine. In view of the gravity of the situation, the Council considers that six individuals and one entity involved in the recruitment of Syrian mercenaries to fight in Ukraine alongside Russian troops should be added to the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex I to Regulation (EU) No 269/2014. |
(4) |
Regulation (EU) No 269/2014 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EU) No 269/2014 is amended in accordance with 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, 21 July 2022.
For the Council
The President
M. BEK
ANNEX
The following persons and entity are added to the list of natural and legal persons, entities and bodies set out in Annex I to Regulation (EU) No 269/2014:
Persons
|
Name |
Identifying information |
Reasons |
Date of listing |
‘1176. |
Muhammad AL-SALTI (Muhamad AL-SALTI, Akram Muhammad AL-SALTI, Muhammad SALTI) - محمد السلطي, أكرم السلطي, أكرم محمد السلطي, محمد |
Nationality: Syrian Position: Commander-in-Chief of the “Palestine Liberation Army” Gender: male |
Muhammad AL-SALTI is the Commander-in-Chief of the “Palestine Liberation Army”, engaged in the recruitment of Palestinians to fight in Ukraine alongside Russia. He is therefore responsible for actions and policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine. |
21.7.2022 |
1177. |
Abu Hani SHAMMOUT (Abu Hani SHAMOUT, Abu SHAMMOUT, Hani SHAMMOUT) - أبو هاني شموط, أبو شموط, هاني شموط |
Gender: male |
Abu Hani SHAMMOUT is a former Syrian military officer and leader of the “al-Ahdat al-Omariya” faction, responsible, alongside Russian recruiters, for the enrolment of Syrian mercenaries from Yalda, Babila and Beit Sahem, south of Damascus, destined to fight for the Russian forces in Libya and in Ukraine. He has been directly charged by the Wagner Group with overseeing the recruitment of veterans. He is therefore responsible for actions and policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine. |
21.7.2022 |
1178. |
Nabeul AL-ABDULLAH (Nabel AL-ABDULLAH, Nabel AL-ABDALLAH, Nabel ABDALLAH, Nabel ABDULLAH) - نابل عبدالله, نابل العبدالله |
Position: Commander of the National Defence Forces in the city of Suqaylabiyah Gender: male |
Nabeul AL-ABDULLAH is the commander of the National Defence Forces in the city of Suqaylabiyah. He has been overseeing the recruitment of Syrian mercenaries to fight alongside Russia in Ukraine since the beginning of the Russian war of aggression. He is therefore responsible for actions and policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine. |
21.7.2022 |
1179. |
Simon AL WAKIL (Simon WAKIL, Simon Al WAQIL, Simon WAQIL, Simon AL WAKEEL, Simon WAKEEL) - سيمون الوكيل, سيمون |
Position: Commander of the National Defence Forces in the city of Maharda Gender: male |
Simon AL WAKIL is a commander of the National Defence Forces in the city of Maharda (Hama). He collaborates directly with the command of the Russian forces in Syria, and is an active relay of the operations of enrolment to fight in Ukraine alongside Russia. He is therefore responsible for actions and policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine. |
21.7.2022 |
1180. |
Fawaz Mikhail GERGES - فواز ميخائيل جرجس |
Position: businessman, CEO of Al-Sayyad Company for Guarding and Protection Services Gender: male |
Fawaz Mikhail Gerges is the director of Al-Sayyad Company for Guarding and Protection Services Ltd, a Syrian private security company established in 2017 and supervised by the Wagner Group in Syria, active in the protection of Russian interests (phosphates, gas and securing oil sites). He is responsible for recruiting mercenaries for the benefit of Russian forces in Libya and Ukraine. He is therefore responsible for actions and policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine. |
21.7.2022 |
1181. |
Yasar Hussein IBRAHIM (Yassar Hussein IBRAHIM, Yassar IBRAHIM) - ياسر حسين ابراهيم |
Nationality: Syrian DOB: 9.4.1983 POB: Damascus Gender: male |
Yasar Hussein Ibrahim is the co-owner of Al-Sayyad Company for Guarding and Protection Services Ltd, a Syrian private security company established in 2017 and supervised by the Wagner Group in Syria, active in the protection of Russian interests (phosphates, gas and securing oil sites). The company is active in the recruitment of Syrian mercenaries to Libya and Ukraine. Yasar Hussein Ibrahim is therefore responsible for, supporting or implementing actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine. |
21.7.2022’ |
Entities
|
Name |
Identifying information |
Reasons |
Date of listing |
‘102. |
Al-Sayyad Company for Guarding and Protection Services Ltd (aka “ISIS Hunters”) - شركة الصياد لخدمات الحراسة والحماية |
Date of creation: 2017 Headquarters: Al Suqaylabiya (region of Hama) |
Al-Sayyad Company for Guarding and Protection Services Ltd is a Syrian private security company established in 2017 and supervised by the Wagner Group in Syria, active in the protection of Russian interests (phosphates, gas and securing oil sites). The company, which operates under the name “ISIS Hunters”, is active in the recruitment of Syrian mercenaries to Libya and Ukraine. The company is therefore responsible for, supporting or implementing actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine. |
21.7.2022’ |
21.7.2022 |
EN |
Official Journal of the European Union |
L 194/8 |
COUNCIL IMPLEMENTING REGULATION (EU) 2022/1275
of 21 July 2022
implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
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 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (1), and in particular Article 32(1) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 18 January 2012, the Council adopted Regulation (EU) No 36/2012. |
(2) |
The Council remains deeply concerned about the situation in Syria. After more than a decade, the conflict in Syria is far from over and the Syrian regime continues to pursue its policy of repression. Moreover, the Syrian regime provides support, including military support, to the Russian Federation’s unprovoked and unjustified military aggression against Ukraine. |
(3) |
In view of the gravity of the situation, the Council considers that four persons and one entity should be added to the list of natural and legal persons, entities or bodies subject to restrictive measures in Annex II to Regulation (EU) No 36/2012. |
(4) |
Regulation (EU) No 36/2012 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex II to Regulation (EU) No 36/2012 is amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 July 2022.
For the Council
The President
M. BEK
ANNEX
Annex II to Regulation (EU) No 36/2012 is amended as follows:
(1) |
The following entries are added to the list set out in Section A (Persons):
|
(2) |
The following entry is added to the list set out in Section B (entities):
|
DECISIONS
21.7.2022 |
EN |
Official Journal of the European Union |
L 194/11 |
COUNCIL DECISION (CFSP) 2022/1276
of 21 July 2022
amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 17 March 2014, the Council adopted Decision 2014/145/CFSP (1). |
(2) |
The Union remains unwavering in its support for Ukraine’s sovereignty and territorial integrity and continues to condemn actions and policies undermining the territorial integrity of Ukraine. |
(3) |
The Syrian regime provides support, including military support, for Russia’s unprovoked and unjustified war of aggression against Ukraine. In view of the gravity of the situation, the Council considers that six individuals and one entity involved in the recruitment of Syrian mercenaries to fight in Ukraine alongside Russian troops should be added to the list of persons, entities and bodies subject to restrictive measures set out in the Annex to Decision 2014/145/CFSP. |
(4) |
Decision 2014/145/CFSP should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
The Annex to Decision 2014/145/CFSP is amended in accordance with 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, 21 July 2022.
For the Council
The President
M. BEK
(1) Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 78, 17.3.2014, p. 16).
ANNEX
The following persons and entity are added to the list of persons, entities and bodies set out in the Annex to Decision 2014/145/CFSP:
Persons
|
Name |
Identifying information |
Reasons |
Date of listing |
‘1176. |
Muhammad AL-SALTI (Muhamad AL-SALTI, Akram Muhammad AL-SALTI, Muhammad SALTI) - محمد السلطي, أكرم السلطي, أكرم محمد السلطي, محمد |
Nationality: Syrian Position: Commander-in-Chief of the “Palestine Liberation Army” Gender: male |
Muhammad AL-SALTI is the Commander-in-Chief of the “Palestine Liberation Army”, engaged in the recruitment of Palestinians to fight in Ukraine alongside Russia. He is therefore responsible for actions and policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine. |
21.7.2022 |
1177. |
Abu Hani SHAMMOUT (Abu Hani SHAMOUT, Abu SHAMMOUT, Hani SHAMMOUT) - أبو هاني شموط, أبو شموط, هاني شموط |
Gender: male |
Abu Hani SHAMMOUT is a former Syrian military officer and leader of the “al-Ahdat al-Omariya” faction, responsible, alongside Russian recruiters, for the enrolment of Syrian mercenaries from Yalda, Babila and Beit Sahem, south of Damascus, destined to fight for the Russian forces in Libya and in Ukraine. He has been directly charged by the Wagner Group with overseeing the recruitment of veterans. He is therefore responsible for actions and policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine. |
21.7.2022 |
1178. |
Nabeul AL-ABDULLAH (Nabel AL-ABDULLAH, Nabel AL-ABDALLAH, Nabel ABDALLAH, Nabel ABDULLAH) - نابل عبدالله, نابل العبدالله |
Position: Commander of the National Defence Forces in the city of Suqaylabiyah Gender: male |
Nabeul AL-ABDULLAH is the commander of the National Defence Forces in the city of Suqaylabiyah. He has been overseeing the recruitment of Syrian mercenaries to fight alongside Russia in Ukraine since the beginning of the Russian war of aggression. He is therefore responsible for actions and policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine. |
21.7.2022 |
1179. |
Simon AL WAKIL (Simon WAKIL, Simon Al WAQIL, Simon WAQIL, Simon AL WAKEEL, Simon WAKEEL) - سيمون الوكيل, سيمون |
Position: Commander of the National Defence Forces in the city of Maharda Gender: male |
Simon AL WAKIL is a commander of the National Defence Forces in the city of Maharda (Hama). He collaborates directly with the command of the Russian forces in Syria, and is an active relay of the operations of enrolment to fight in Ukraine alongside Russia. He is therefore responsible for actions and policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine. |
21.7.2022 |
1180. |
Fawaz Mikhail GERGES - فواز ميخائيل جرجس |
Position: businessman, CEO of Al-Sayyad Company for Guarding and Protection Services Gender: male |
Fawaz Mikhail Gerges is the director of Al-Sayyad Company for Guarding and Protection Services Ltd, a Syrian private security company established in 2017 and supervised by the Wagner Group in Syria, active in the protection of Russian interests (phosphates, gas and securing oil sites). He is responsible for recruiting mercenaries for the benefit of Russian forces in Libya and Ukraine. He is therefore responsible for actions and policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine. |
21.7.2022 |
1181. |
Yasar Hussein IBRAHIM (Yassar Hussein IBRAHIM, Yassar IBRAHIM) - ياسر حسين ابراهيم |
Nationality: Syrian DOB: 9.4.1983 POB: Damascus Gender: male |
Yasar Hussein Ibrahim is the co-owner of Al-Sayyad Company for Guarding and Protection Services Ltd, a Syrian private security company established in 2017 and supervised by the Wagner Group in Syria, active in the protection of Russian interests (phosphates, gas and securing oil sites). The company is active in the recruitment of Syrian mercenaries to Libya and Ukraine. Yasar Hussein Ibrahim is therefore responsible for, supporting or implementing actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine. |
21.7.2022’ |
Entities
|
Name |
Identifying information |
Reasons |
Date of listing |
‘102. |
Al-Sayyad Company for Guarding and Protection Services Ltd (aka “ISIS Hunters”) - شركة الصياد لخدمات الحراسة والحماية |
Date of creation: 2017 Headquarters: Al Suqaylabiya (region of Hama) |
Al-Sayyad Company for Guarding and Protection Services Ltd is a Syrian private security company established in 2017 and supervised by the Wagner Group in Syria, active in the protection of Russian interests (phosphates, gas and securing oil sites). The company, which operates under the name “ISIS Hunters”, is active in the recruitment of Syrian mercenaries to Libya and Ukraine. The company is therefore responsible for, supporting or implementing actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine. |
21.7.2022’ |
21.7.2022 |
EN |
Official Journal of the European Union |
L 194/15 |
COUNCIL IMPLEMENTING DECISION (CFSP) 2022/1277
of 21 July 2022
implementing Decision 2013/255/CFSP concerning restrictive measures against Syria
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 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (1) and in particular Article 30(1) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 31 May 2013, the Council adopted Decision 2013/255/CFSP. |
(2) |
The Council remains deeply concerned about the situation in Syria. After more than a decade, the conflict in Syria is far from over and the Syrian regime continues to pursue its policy of repression. Moreover, the Syrian regime provides support, including military support, to the Russian Federation’s unprovoked and unjustified military aggression against Ukraine. |
(3) |
In view of the gravity of the situation, the Council considers that four persons and one entity should be added to the list of natural and legal persons, entities or bodies subject to restrictive measures set out in Annex I to Decision 2013/255/CFSP. |
(4) |
Decision 2013/255/CFSP should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Annex I to Decision 2013/255/CFSP is amended as set out in the Annex to this Decision.
Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
Done at Brussels, 21 July 2022.
For the Council
The President
M. BEK
ANNEX
Annex I to Decision 2013/255/CFSP is amended as follows:
(1) |
The following entries are added to the list set out in Section A (Persons):
|
(2) |
The following entry is added to the list set out in Section B (entities):
|