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4.5.2012 Official
Journal
of
the
European
Union L
119/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) No 377/2012
of 3 May 2012
concerning restrictive measures directed against certain persons, entities and bodies threatening the
peace, security or stability of the Republic of Guinea-Bissau
THE COUNCIL OF THE EUROPEAN UNION,
Fundamental Rights of the European Union and notably
the right to an effective remedy, the right to a fair trial
and the right to the protection of personal data. This
Having regard to the Treaty on the Functioning of the European
Regulation should be applied in accordance with those
Union, and in particular Article 215(2) thereof,
rights and principles.
Having regard to Council Decision 2012/237/CFSP of 3 May
2012 concerning restrictive measures directed against certain
(4)
The power to amend the list in Annex I to this Regu
persons, entities and bodies threatening the peace, security or
lation should be exercised by the Council, in view of the
stability of the Republic of Guinea-Bissau ( 1 ),
specific threat to international peace and security posed
by the situation in Guinea-Bissau and in order to ensure
consistency with the procedure for amending and
Having regard to the joint proposal of the High Representative
reviewing the Annex to Decision 2012/237/CFSP.
of the Union for Foreign Affairs and Security Policy and of the
European Commission,
(5)
The procedure for amending the list in Annex I to this
Whereas:
Regulation should include providing designated natural
or legal persons, entities or bodies with the grounds
for the listing so as to give them an opportunity to
(1) Decision
2012/237/CFSP
provides
for
the
adoption
of
submit observations. Where observations are submitted,
restrictive measures against certain persons, entities and
or substantial new evidence is presented, the Council
bodies who seek to prevent or block a peaceful political
should review its decision in the light of those obser
process, or who take action that undermines stability in
vations and inform the person, entity or body
the Republic of Guinea-Bissau. This concerns in
concerned accordingly.
particular those who played a leading role in the
mutiny of 1 April 2010 and the coup d’état of
12 April 2012 and whose actions continue to be
aimed at undermining the rule of law and the primacy
(6) For
the
implementation
of
this
Regulation,
and
in
order
of civilian power. These measures include the freezing of
to create maximum legal certainty within the Union, the
funds and economic resources of the natural or legal
names and other relevant data concerning natural and
persons, entities and bodies listed in the Annex to that
legal persons, entities and bodies whose funds and
Decision.
economic resources are to be frozen in accordance
with this Regulation should be made public. Any
processing of personal data should respect Regulation
(2) These
measures
fall
within
the
scope
of
the
Treaty
on
the
(EC) No 45/2001 of the European Parliament and of
Functioning of the European Union and, therefore, in
the Council of 18 December 2000 on the protection
particular with a view to ensuring their uniform appli
of individuals with regard to the processing of personal
cation by economic operators in all Member States, regu
data by the Community institutions and bodies and on
latory action at the level of the Union is necessary in
the free movement of such data ( 2 ) and Directive
order to implement them.
95/46/EC of the European Parliament and of the
Council of 24 October 1995 on the protection of indi
viduals with regard to the processing of personal data
(3) This
Regulation
respects
fundamental
rights
and
observes
and on the free movement of such data ( 3 ).
principles recognised in particular by the Charter of
( 2 ) OJ L 8, 12.1.2001, p. 1.
( 1 ) See page 43 of this Official Journal.
( 3 ) OJ L 281, 23.11.1995, p. 31.

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L 119/2
EN
Official Journal of the European Union
4.5.2012
(7) In
order
to
ensure
that
the
measures
provided
for
in
this (e) ‘territory of the Union’ means the territories to which the
Regulation are effective, this Regulation should enter into
Treaty is applicable, under the conditions laid down in the
force immediately,
Treaty.
HAS ADOPTED THIS REGULATION:
Article 2
1. All funds and economic resources belonging to, owned,
Article 1
held or controlled by natural or legal persons, entities and
bodies who, in accordance with Article 2(1) of Decision
For the purposes of this Regulation, the following definitions
2012/237/CFSP, have been identified by the Council as either
shall apply:
(i) engaging in or providing support for acts that threaten the
peace, security or stability of the Republic of Guinea-Bissau or
(ii) being associated with such persons, entities or bodies, as
(a) ‘funds’ means financial assets and benefits of every kind,
listed in Annex I, shall be frozen.
including but not limited to:
2. No
funds
or
economic
resources
shall
be
made
available,
(i) cash, cheques, claims on money, drafts, money orders
directly or indirectly, to or for the benefit of the natural or legal
and other payment instruments;
persons, entities or bodies listed in Annex I.
(ii) deposits with financial institutions or other entities,
3. Participation,
knowingly
and
intentionally,
in
activities
the
balances on accounts, debts and debt obligations;
object or effect of which is, directly or indirectly, to circumvent
the measures referred to in paragraphs 1 and 2 shall be
prohibited.
(iii) publicly- and privately-traded securities and debt
instruments, including stocks and shares, certificates
representing securities, bonds, notes, warrants,
Article 3
debentures and derivatives contracts;
1. Annex
I
shall
include
the
grounds
for
listing
of
listed
persons, entities and bodies.
(iv) interest, dividends or other income on or value
accruing from or generated by assets;
2. Annex
I
shall
also
include,
where
available,
information
necessary to identify the natural or legal persons, entities and
(v) credit, right of set-off, guarantees, performance bonds
bodies concerned. With regard to natural persons, such
or other financial commitments;
information may include names, including aliases, date and
place of birth, nationality, passport and ID card numbers,
gender, address, if known, and function or profession. With
regard to legal persons, entities and bodies, such information
(vi) letters of credit, bills of lading, bills of sale;
may include names, place and date of registration, registration
number and place of business.
(vii) documents evidencing an interest in funds or financial
resources;
Article 4
1. By way of derogation from Article 2, the competent auth
(b) ‘freezing of funds’ means preventing any move, transfer,
orities of the Member States, as identified on the websites listed
alteration, use of, access to, or dealing with funds in any
in Annex II, may authorise the release of certain frozen funds or
way that would result in any change in their volume,
economic resources, or the making available of certain funds or
amount, location, ownership, possession, character, desti
economic resources, under such conditions as they deem appro
nation or other change that would enable the funds to be
priate, after having determined that the funds or economic
used, including portfolio management;
resources are:
(c) ‘economic resources’ means assets of every kind, whether
(a) necessary to satisfy the basic needs of the persons listed in
tangible or intangible, movable or immovable, which are
Annex I and their dependent family members, including
not funds but can be used to obtain funds, goods or
payments for foodstuffs, rent or mortgage, medicines and
services;
medical treatment, taxes, insurance premiums, and public
utility charges;
(d) ‘freezing of economic resources’ means preventing the use
of economic resources to obtain funds, goods or services in
(b) intended exclusively for payment of reasonable professional
any way, including, but not limited to, by selling, hiring or
fees and reimbursement of incurred expenses associated
mortgaging them;
with the provision of legal services;

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EN
4.5.2012 Official
Journal
of
the
European
Union L
119/3
(c) intended exclusively for payment of fees or service charges
provided that any such interest, other earnings and payments
for routine holding or maintenance of frozen funds or
are frozen in accordance with Article 2(1).
economic resources; or
2. Article
2(2)
shall
not
prevent
financial
or
credit
insti
(d) necessary for extraordinary expenses, provided in this case
tutions in the Union from crediting frozen accounts where
that the Member State has notified the grounds on which it
they receive funds transferred to the account of a listed
considers that a specific authorisation should be granted to
natural or legal person, entity or body, provided that any
all other Member States and to the Commission at least two
additions to such accounts will also be frozen. The financial
weeks prior to authorisation.
or credit institution shall inform the relevant competent
authority about any such transaction without delay.
2. The
relevant
Member
State
shall
inform
the
other
Member
States and the Commission of any authorisation granted under
Article 7
paragraph 1.
1. The
freezing
of
funds
and
economic
resources
or
the
refusal to make funds or economic resources available, carried
out in good faith on the basis that such action is in accordance
Article 5
with this Regulation, shall not give rise to liability of any kind
1. By way of derogation from Article 2, the competent auth
on the part of the natural or legal person, entity or body
orities of the Member States, as identified on the websites listed
implementing it, or its directors or employees, unless it is
in Annex II, may authorise the release of certain frozen funds or
proved that the funds and economic resources were frozen or
economic resources, if the following conditions are met:
withheld as a result of negligence.
(a) the funds or economic resources in question are the subject
2. The prohibition set out in Article 2(2) shall not give rise
of a judicial, administrative or arbitral lien established prior
to any liability of any kind on the part of the natural and legal
to the date on which the natural or legal person, entity or
persons, entities and bodies who made funds or economic
body referred to in Article 2 was included in Annex I or of
resources available if they did not know, and had no reasonable
a judicial, administrative or arbitral judgment rendered prior
cause to suspect, that their actions would infringe the
to that date;
prohibition in question.
(b) the funds or economic resources in question will be used
Article 8
exclusively to satisfy claims secured by such a lien or
1. Without
prejudice
to
the
applicable
rules
concerning
recognised as valid in such a judgment, within the limits
reporting, confidentiality and professional secrecy, the natural
set by applicable laws and regulations governing the rights
and legal persons, entities and bodies listed in Annex I shall:
of persons having such claims;
(a) supply immediately any information which would facilitate
(c) the lien or judgment is not for the benefit of a natural or
compliance with this Regulation, such as accounts and
legal person, entity or body listed in Annex I; and
amounts frozen in accordance with Article 2, to the
competent authority of the Member State where they are
resident or located, as identified on the websites listed in
(d) recognising the lien or judgment is not contrary to public
Annex II, and shall transmit such information, either
policy in the Member State concerned.
directly or through that competent authority, to the
Commission; and
2. The
relevant
Member
State
shall
inform
the
other
Member
States and the Commission of any authorisation granted under
(b) cooperate with that competent authority in any verification
paragraph 1.
of this information.
Article 6
2. Any
information
provided
or
received
in
accordance
with
1. Article 2(2) shall not apply to the addition to frozen
this Article shall be used only for the purposes for which it was
accounts of:
provided or received.
(a) interest or other earnings on those accounts; or
Article 9
The Commission and Member States shall immediately inform
each other of the measures taken under this Regulation and
(b) payments due under contracts, agreements or obligations
shall supply each other with any other relevant information at
that were concluded or arose prior to the date on which
their disposal in connection with this Regulation, in particular
the natural or legal person, entity or body referred to in
information in respect of violation and enforcement problems
Article 2 was included in Annex I,
and judgments handed down by national courts.

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L 119/4
EN
Official Journal of the European Union
4.5.2012
Article 10
2. Member
States
shall
notify
the
Commission
of
those
rules
without delay after the entry into force of this Regulation and
The Commission shall be empowered to amend Annex II on
shall notify it of any subsequent amendment to such rules.
the basis of information supplied by Member States.
Article 13
Article 11
Where this Regulation provides for a requirement to notify,
1. Where
the
Council
decides
to
subject
a
natural
or
legal inform or otherwise communicate with the Commission, the
person, entity or body to the measures referred to in
address and other contact details to be used for such communi
Article 2(1), it shall amend Annex I accordingly.
cation shall be those indicated in Annex II.
2. The
Council
shall
communicate
its
decision,
including
the
Article 14
grounds for the listing, to the natural or legal person, entity or
This Regulation shall apply:
body referred to in paragraph 1, either directly, if the address is
known, or through the publication of a notice, providing such
natural or legal person, entity or body with an opportunity to
(a) within the territory of the Union, including its airspace;
submit observations.
(b) on board any aircraft or any vessel under the jurisdiction of
3. Where
observations
are
submitted,
or
where
substantial
a Member State;
new evidence is presented, the Council shall review its
decision and inform the natural or legal person, entity or
(c) to any person inside or outside the territory of the Union
body concerned accordingly.
who is a national of a Member State;
4. The
list
in
Annex
I
shall
be
reviewed
at
regular
intervals (d) to any legal person, entity or body which is incorporated or
and at least every 12 months.
constituted under the law of a Member State;
(e) to any legal person, entity or body in respect of any
Article 12
business done in whole or in part within the Union.
1. Member
States
shall
lay
down
the
rules
on
penalties
applicable to infringements of this Regulation and shall take
Article 15
all measures necessary to ensure that they are implemented.
The penalties provided for must be effective, proportionate
This Regulation shall enter into force on the day of its
and dissuasive.
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, 3 May 2012.
For the Council
The President
N. WAMMEN

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EN
4.5.2012 Official
Journal
of
the
European
Union L
119/5
ANNEX I
List of natural and legal persons, entities or bodies referred to in Articles 2(1) and 2(2)
Persons
Identifying information (date and place of
Name
birth (d.o.b. and p.o.b.), passport/ID card
Grounds for listing
Date of
number, etc.)
listing
1. General
António
INJAI
Nationality: Guinea-Bissau
António Injai has been personally
3.5.2012
(a.k.a António INDJAI) d.o.b.: 20 January 1955
involved in planning and leading the
p.o.b.: Encheia, Sector de Bissorá,
mutiny of 1 April 2010,
Regio de Oio, Guiné-Bissau
culminating with the illegal
Parentage: Wasna Injai and
apprehension of the Prime Minister,
Quiritche Cofte
Carlo Gomes Junior, and the then
Official function: Lieutenant
Chief of Staff of the Armed Forces,
General – Chefe de Estado-Maior
José Zamora Induta.
Geral das Foras Armadas
António Injai has operated in a way
to pressure the Government for his
appointment as Chief of Staff of the
Armed Forces.
National ID: Unknown (Guinea-
Indjai has been consistently making
Bissau)
public statements threatening the
Passport: Diplomatic passport
lives of the legitimate authorities
AAID00435
namely against Prime Minister
Date of issue: 18.02.2010
Carlos Gomes Junior and
Place of issue: Guinea-Bissau
undermining rule of law,
Date of expiry: 18.02.2013
undercutting civilian powers,
furthering a pervasive climate of
impunity and instability in the
country.
During the 2012 electoral period, in
his capacity as Chief of Staff of the
Armed Forces, Injai again made
statements threatening to overthrow
the elected authorities and to put an
end to the electoral process.
António Injai has been once again
involved in the operational planning
of the coup d'état of 12 April 2012.
In the aftermath of the coup, the
first communiqué by the "Military
Command" was issued by the
Armed Forces General Staff, which
is led by General Injai. He did not in
any way counter or distance himself
from that unconstitutional military
action.
2. Major
General
Nationality – Guinea-Bissau
Deputy Chief of Staff of the Armed 3.5.2012
Mamadu TURE
d.o.b. 26 April 1947
Forces. Member of the "Military
(N'KRUMAH) (a.k.a.
Diplomatic Passport no
Command" which has assumed
N’Krumah)
DA0002186
responsibility for the coup d'état of
Date of issue: 30.03.2007
12 April 2012.
Date of expiry: 26.08.2013
3. General
Augusto
Army Chief of Staff. Member of the
3.5.2012
MRIO C
"Military Command" which has
assumed responsibility for the coup
d'état of 12 April 2012.
4. General
Estêvo
NA
Navy Chief of Staff. Member of the
3.5.2012
MENA
"Military Command" which has
assumed responsibility for the coup
d'état of 12 April 2012.

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L 119/6
EN
Official Journal of the European Union
4.5.2012
Identifying information (date and place of
Name
birth (d.o.b. and p.o.b.), passport/ID card
Grounds for listing
Date of
number, etc.)
listing
5. Brigadier
General
Nationality – Guinea-Bissau
Chief of Staff of the Air Force.
3.5.2012
Ibraima CAMAR
d.o.b. 11 May 1964
Member of the "Military Command"
(a.k.a “Papa Camará”)
Diplomatic Passport no
which has assumed responsibility
AAID00437
for the coup d'état of 12 April
Date of Issue:18.02.2010
2012.
Date of expiry: 18.02.2013
6. Lieutenant
colonel Nationality – Guinea-Bissau
Spokesperson of the "Military
3.5.2012
Daba NAUALNA
d.o.b. 6 June 1966
Command" which has assumed
(a.k.a. Daba Na
Passport no SA 0000417
responsibility for the coup d'état of
Walna)
Date of issue: 29.10.2003
12 April 2012.
Date of expiry: 10.03.2013

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EN
4.5.2012 Official
Journal
of
the
European
Union L
119/7
ANNEX II
Websites for information on the competent authorities in the Member States referred to in Articles 4(1), 5(1)
and 8(1), and address for notifications to the European Commission
A. Competent authorities in each Member State:
BELGIUM
http://www.diplomatie.be/eusanctions
BULGARIA
http://www.mfa.bg/en/pages/view/5519
CZECH REPUBLIC
http://www.mfcr.cz/mezinarodnisankce
DENMARK
http://um.dk/da/politik-og-diplomati/retsorden/sanktioner/
GERMANY
http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/Aussenwirtschaftsrecht/embargos.html
ESTONIA
http://www.vm.ee/est/kat_622/
IRELAND
http://www.dfa.ie/home/index.aspx?id=28519
GREECE
http://www1.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html
SPAIN
http://www.maec.es/es/MenuPpal/Asuntos/Sanciones%20Internacionales/Paginas/Sanciones_%20Internacionales.aspx
FRANCE
http://www.diplomatie.gouv.fr/autorites-sanctions/
ITALY
http://www.esteri.it/MAE/IT/Politica_Europea/Deroghe.htm
CYPRUS
http://www.mfa.gov.cy/sanctions
LATVIA
http://www.mfa.gov.lv/en/security/4539
LITHUANIA
http://www.urm.lt/sanctions
LUXEMBOURG
http://www.mae.lu/sanctions
HUNGARY
http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/
MALTA
http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp

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L 119/8
EN
Official Journal of the European Union
4.5.2012
NETHERLANDS
http://www.rijksoverheid.nl/onderwerpen/internationale-vrede-en-veiligheid/sancties
AUSTRIA
http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=
POLAND
http://www.msz.gov.pl
PORTUGAL
http://www.min-nestrangeiros.pt
ROMANIA
http://www.mae.ro/node/1548
SLOVENIA
http://www.mzz.gov.si/si/zunanja_politika_in_mednarodno_pravo/zunanja_politika/mednarodna_varnost/omejevalni_
ukrepi/
SLOVAKIA
http://www.foreign.gov.sk
FINLAND
http://formin.finland.fi/kvyhteistyo/pakotteet
SWEDEN
http://www.ud.se/sanktioner
UNITED KINGDOM
www.fco.gov.uk/competentauthorities
B. Address for notifications to, or other communication with, the European Commission:
European Commission
Foreign Policy Instruments Service
Unit FPIS.2
CHAR 12/106
B-1049 Bruxelles/Brussel
Belgium
E-mail: relex-sanctions@ec.europa.eu
Tel. (32 2) 295 55 85
Fax (32 2) 299 08 73

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