Council Decision 2009/1003/CFSP

of 22 December 2009

amending Common Position 2009/788/CFSP concerning restrictive measures against the Republic of Guinea

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1) On 27 October 2009, the Council adopted Common Position 2009/788/CFSP concerning restrictive measures against the Republic of Guinea [1], in response to the violent crackdown by security forces on political demonstrators in Conakry on 28 September 2009.

(2) In view of the seriousness of the situation in the Republic of Guinea, additional restrictive measures should be imposed against the individual members of the National Council for Democracy and Development (NCDD) and natural or legal persons, entities or bodies associated with them, responsible for the violent repression or the political stalemate in the country.

(3) Moreover, additional natural or legal persons, entities or bodies associated with the NCDD, should be included on the list of persons subject to the restrictive measures set out in the Annex to Common Position 2009/788/CFSP.

(4) Further action by the Union is needed to implement certain measures,

HAS ADOPTED THIS DECISION:

Article 1

Common Position 2009/788/CFSP is hereby amended as follows:

1. Article 1 shall be replaced by the following:

"Article 1

1. The sale, supply, transfer or export of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, as well as equipment which might be used for internal repression, to the Republic of Guinea by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be prohibited whether originating or not in their territories.

2. It shall be prohibited:

(a) to provide, directly or indirectly, technical assistance, brokering services or other services related to the items referred to in paragraph 1 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in, or for use in, the Republic of Guinea;

(b) to provide, directly or indirectly, financing or financial assistance related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering services or other services to any natural or legal person, entity or body in, or for use in, the Republic of Guinea;

(c) to participate, knowingly and intentionally, in activities, the object or effect of which is to circumvent the prohibitions referred to in points (a) or (b).";

2. Article 2 shall be replaced by the following:

"Article 2

1. Article 1 shall not apply to:

(a) the sale, supply, transfer or export of non-lethal military equipment or of equipment which might be used for internal repression, intended solely for humanitarian or protective use, or for institution building programmes of the United Nations(UN) and the EU, or for EU and UN crisis management operations;

(b) the sale, supply, transfer or export of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for protective use of personnel of the EU and its Member States in the Republic of Guinea;

(c) the provision of technical assistance, brokering services and other services related to such equipment or to such programmes and operations;

(d) the provision of financing and financial assistance related to such equipment or to such programmes and operations,

on condition that such exports and assistance have been approved in advance by the relevant competent authority.

2. Article 1 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to the Republic of Guinea by UN personnel, personnel of the EU or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.";

3. Article 3, paragraph 1 shall be replaced by the following:

"1. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the individual members of the NCDD and persons associated with them, as listed in the Annex.";

4. The following article shall be inserted:

"Article 3a

1. All funds and economic resources belonging to, owned, held or controlled by the individual members of the NCDD and natural or legal persons, entities or bodies associated with them, as listed in the Annex shall be frozen.

2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of, natural or legal persons, entities or bodies listed in the Annex.

3. The competent authority of a Member State may authorise the release of certain frozen funds or economic resources or the making available of certain funds or economic resources, under such conditions as it deems appropriate, after having determined that the funds or economic resources concerned are:

(a) necessary to satisfy the basic needs of persons listed in the Annex and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

(b) intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services;

(c) intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; or

(d) necessary for extraordinary expenses, provided that the competent authority has notified the competent authority of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least two weeks prior to the authorisation.

A Member State shall inform the other Member States and the Commission of any authorisation granted under this paragraph.

4. By way of derogation from paragraph 1, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources, provided that the following conditions are met:

(a) the funds or economic resources are subject of a judicial, administrative or arbitral lien established prior to the date on which the natural or legal person, entity or body referred to in Article 3a was included in the Annex or of a judicial, administrative or arbitral judgment rendered prior to that date;

(b) the funds or economic resources will be used exclusively to satisfy claims secured by such a lien or recognised as valid in such a judgment, within the limits set by applicable laws and regulations governing the rights of persons having such claims;

(c) the lien or judgment is not for the benefit of a natural or legal person, entity or body listed in the Annex; and

(d) recognising the lien or judgement is not contrary to public policy in the Member State concerned.

A Member State shall inform the other Member States and the Commission of any authorisation granted under this paragraph.

5. Paragraph 2 shall not apply to the addition to frozen accounts of:

(a) interest or other earnings on those accounts; or

(b) payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to this Common Position,

provided that any such interest, other earnings and payments remain subject to paragraph 1.".

Article 2

The Annex to Common Position 2009/788/CFSP shall be replaced by the Annex to this Decision.

Article 3

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

Article 4

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 22 December 2009.

For the Council

The President

A. Carlgren

[1] OJ L 281, 28.10.2009, p. 7.

--------------------------------------------------

ANNEX II

LIST OF PERSONS REFERRED TO IN ARTICLES 3 AND 3A

| Name (and possible aliases) | Identifying information (date and place of birth (d.o.b. and p.o.b.), passport (Pass.)/ID card number, etc.) | Reasons |

1. | Captain Moussa Dadis CAMARA | d.o.b: 01/01/64 or 29/12/68 Pass: R0001318 | President of the CNDD |

2. | Major-General Mamadouba (alias Mamadou) Toto CAMARA | d.o.b: 01/01/46 Pass: R00009392 | Minister for Security and Civil Protection |

3. | General Sékouba KONAT? | d.o.b: 01/01/64 Pass: R0003405/R0002505 | Minister for Defence |

4. | Colonel Mathurin BANGOURA | d.o.b: 15/11/62 Pass: R0003491 | Minister for Telecommunications and New Information Technologies |

5. | Lieutenant Colonel Aboubacar Sidiki (alias Idi Amin) CAMARA | d.o.b: 22/10/1979 Pass: R0017873 | Minister and Permanent Secretary of the CNDD (discharged from the army on 26/01/09) |

6. | Commandant Oumar BALD? | d.o.b: 26/12/64 Pass: R0003076 | Member of the CNDD |

7. | Commandant Mamadi (alias Mamady) MARA | d.o.b: 01/01/54 Pass: R0001343 | Member of the CNDD |

8. | Commandant Almamy CAMARA | d.o.b: 17/10/75 Pass: R0023013 | Member of the CNDD |

9. | Lieutenant Col. Mamadou Bhoye DIALLO | d.o.b: 01/01/56 Pass: R0001855 | Member of the CNDD |

10. | Captain Koulako B?AVOGUI | | Member of the CNDD |

11. | Police Lieutenant Colonel Kandia (alias Kandja) MARA | Pass: R0178636 | Member of the CNDD Regional Director of Security in Labé |

12. | Colonel Sékou MARA | d.o.b: 1957 | Member of the CNDD Deputy Director of National Police |

13. | Morciré CAMARA | d.o.b: 01/01/49 Pass: R0003216 | Member of the CNDD |

14. | Alpha Yaya DIALLO | | Member of the CNDD National Director of Customs |

15. | Colonel Mamadou Korka DIALLO | d.o.b: 19/02/62 | Minister for Trade, Industry and SMEs |

16. | Commandant Kelitigui FARO | d.o.b: 03/08/72 Pass: R0003410 | Minister and Secretary-General to the Presidency of the Republic |

17. | Colonel Fodeba TOUR? | d.o.b: 07/06/61 Pass: R0003417/R0002132 | Governor of Kindia (former Minister for Youth, dismissed as Minister on 07/05/09) |

18. | Commandant Cheick Sékou (alias Ahmed) Tidiane CAMARA | d.o.b: 12/05/66 | Member of the CNDD |

19. | Colonel Sékou (alias Sékouba) SAKO | | Member of the CNDD |

20. | Lieutenant Jean-Claude alias COPLAN PIVI | d.o.b: 01/01/60 | Member of the CNDD Minister with responsibility for presidential security |

21. | Captain Saa Alphonse TOUR? | d.o.b: 03/06/70 | Member of the CNDD |

22. | Colonel Moussa KEITA | d.o.b: 01/01/66 | Member of the CNDD Minister and Permanent Secretary of the CNDD with responsibility for relations with Republican Institutions |

23. | Lt. Col. A?dor (alias A?dor) BAH | | Member of the CNDD |

24. | Commandant Bamou LAMA | | Member of the CNDD |

25. | Mr Mohamed Lamine KABA | | Member of the CNDD |

26. | Captain Daman (alias Dama) COND? | | Member of the CNDD |

27. | Commandant Aboubacar Amadou DOUMBOUYA | | Member of the CNDD |

28. | Commandant Moussa Tiégboro CAMARA | d.o.b: 01/01/68 Pass: 7190 | Member of the CNDD Minister attached to the Presidency with responsibility for special anti-drug services and organised crime |

29. | Captain Issa CAMARA | d.o.b: 1954 | Member of the CNDD Governor of Mamou |

30. | Colonel Dr. Abdoulaye Chérif DIABY | d.o.b: 26/02/57 Pass: 13683 | Member of the CNDD Minister for Health and Sanitation, |

31. | Mamady COND? | d.o.b: 28/11/52 Pass: R0003212 | Member of the CNDD |

32. | S-Lt. Cheikh Ahmed TOUR? | | Member of the CNDD |

33. | Lt. Colonel Aboubacar Biro COND? | d.o.b: 15/10/62 Pass: 2443/R0004700 | Member of the CNDD |

34. | Bouna KEITA | | Member of the CNDD |

35. | Idrissa CHERIF | d.o.b: 13/11/67 Pass: R0105758 | Minister with responsibility for Communication attached to the Presidency and the Ministry of Defence |

36. | Mamoudou (alias Mamadou) COND? | d.o.b: 09/12/60 Pass: R0020803 | State Secretary, official representative, with responsibility for Strategic Issues and Sustainable Development |

37. | Lieutenant Aboubacar Chérif (alias Toumba) DIAKIT? | | Presidential aide-de-camp |

38. | Ibrahima Khalil DIAWARA | d.o.b: 01/01/76 Pass: R0000968 | Special adviser to Aboubacar Chérif "Toumba" Diakité |

39. | S-Lt Marcel KOIVOGUI | | Deputy to Aboubacar Chérif "Toumba" Diakité |

40. | Mr Papa Koly KOUROUMA | d.o.b: 03/11/62 Pass: R11914/R001534 | Minister for the Environment and Sustainable Development |

41. | Commandant Nouhou THIAM | d.o.b: 1960 Pass: 5180 | Inspector-General of the armed forces CNDD spokesman |

42. | Police Captain Théodore (alias Siba) KOUROUMA | d.o.b: 13/05/71 Pass: Service R0001204 | Attaché in the presidential private office |

43. | Mr Kabinet (alias Kabiné) KOMARA | d.o.b: 08/03/50 Pass: R0001747 | Prime Minister |

44. | Captain Mamadou SAND? | d.o.b: 12/12/69 Pass: R0003465 | Minister attached to the Presidency with responsibility for the economy and finances |

45. | Mr Alhassane (alias Al-Hassane) Siba ONIPOGUI | d.o.b: 31/12/61 Pass: 5938/R00003488 | Minister attached to the Presidency with responsibility for State control |

46. | Mr Joseph KANDUNO | | Minister with responsibility for audits, transparency and good governance |

47. | Mr Fodéba (alias Isto) K?IRA | d.o.b: 04/06/61 Pass: R0001767 | Minister for Youth, Sport and the Promotion of Youth Employment |

48. | Colonel Siba LOHALAMOU | d.o.b: 01/08/62 Pass: R0001376 | Minister for Justice and Keeper of the Seals |

49. | Dr. Frédéric KOLI? | d.o.b: 01/01/60 Pass: R0001714 | Minister for Territorial Administration and Political Affairs |

50. | Mr Alexandre Cécé LOUA | d.o.b: 01/01/56 Pass: R0001757 / Diplomatic passport: R 0000027 | Minister for Foreign Affairs and Guineans Abroad |

51. | Mr Mamoudou (alias Mahmoud) THIAM | d.o.b: 04/10/68 Pass: R0001758 | Minister for Mines and Energy |

52. | Mr Boubacar BARRY | d.o.b: 28/05/64 Pass: R0003408 | Minister of State attached to the Presidency with responsibility for construction, planning and public buildings |

53. | Demba FADIGA | d.o.b: 01/01/52 Pass: residence permit FR365845/365857 | Member of the CNDD Ambassador Extraordinary and Plenipotentiary with responsibility for relations between the CNDD and the Government |

54. | Mr Mohamed DIOP | d.o.b: 01/01/63 Pass: R0001798 | Member of the CNDD Governor of Conakry |

55. | Sgt Mohamed (alias Tigre) CAMARA | | Member of the security forces attached to the Koundara Presidential Guard camp |

56. | Mr Habib HANN | d.o.b: 15/12/50 Pass: 341442 | Audit and Surveillance Committee for Strategic Sectors of the State |

57. | Mr Ousmane KABA | | Audit and Surveillance Committee for Strategic Sectors of the State |

58. | Mr Alfred MATHOS | | Audit and Surveillance Committee for Strategic Sectors of the State |

59. | Capt. Mandiou DIOUBAT? | d.o.b: 01/01/60 Pass: R0003622 | Director of the Presidency press office CNDD spokesman |

60. | Cheik Sydia DIABAT? | d.o.b: 23/04/68 Pass: R0004490 | Member of the armed forces Director of the Intelligence and Investigation Services at the Ministry of Defence |

61. | Mr Ibrahima Ahmed BARRY | d.o.b: 11/11/61 Pass: R0048243 | Director General of Radio Télévision Guinéenne |

62. | Mr Alhassane BARRY | d.o.b: 15/11/62 Pass: R0003484 | Governor of the Central Bank |

63. | Mr Roda Namatala FAWAZ | d.o.b: 06/07/47 Pass: R0001977 | Businessman connected to the CNDD who has given the CNDD financial support |

64. | Dioulde DIALLO | | Businessman connected to the CNDD who has given the CNDD financial support |

65. | Kerfalla CAMARA KPC | | CEO of Guicopress Businessman connected to the CNDD who has given the CNDD financial support |

66. | Dr. Moustapha ZABATT | d.o.b: 06/02/65 | Doctor and personal adviser to the President |

67. | Aly MANET | | "Dadis Doit Rester" (Dadis Must Stay) movement |

68. | Louis M'bemba SOUMAH | | Minister for Employment, Administrative Reform and the Civil Service |

69. | Cheik Fantamady COND? | | Minister for Information and Culture |

70. | Boureima COND? | | Minister for Agriculture and Stock Farming |

71. | Mariame SYLLA | | Minister for Decentralisation and Local Government |

--------------------------------------------------