理事会条例(EU) No 270/2011,就埃及的形势,针对某些个人、实体和机构的限制性措施
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32011R0270
OJ编号:OJ L 76, 22.3.2011, p. 4-12
中文标题:理事会条例(EU) No 270/2011,就埃及的形势,针对某些个人、实体和机构的限制性措施
原文标题:Council Regulation (EU) No 270/2011 of 21 March 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt
分类:18_共同的对外政策和防务政策
文件类型:二级立法 Regulation|条例
生效日期:2011-03-22
废止日期:2058-12-31
法规全文:查看欧盟官方文件
HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN" L 76/4
EN
Official Journal of the European Union
22.3.2011
COUNCIL REGULATION (EU) No 270/2011
of 21 March 2011
concerning restrictive measures directed against certain persons, entities and bodies in view of the
situation in Egypt
THE COUNCIL OF THE EUROPEAN UNION,
(5)
The procedure for amending the list in Annex I to this
Regulation should include providing natural or legal
persons, entities or bodies concerned with the grounds
Having regard to the Treaty on the Functioning of the European
for their listing, so as to give them an opportunity to
Union, and in particular Article 215(2) thereof,
submit observations. Where observations are submitted,
or substantial new evidence is presented, the Council
should review its decision on Annex I in light of those
observations and inform the person, entity or body
Having regard to Council Decision 2011/172/CFSP of 21 March
concerned accordingly.
2011 concerning restrictive measures directed against certain
persons, entities and bodies in view of the situation in Egypt ( 1 ),
(6) For
the
implementation
of
this
Regulation,
and
in
order
Having regard to the joint proposal from the High Represen
to create maximum legal certainty within the Union, the
tative of the Union for Foreign Affairs and Security Policy and
names and other relevant data concerning natural and
the European Commission,
legal persons, entities and bodies whose funds and
economic resources must be frozen in accordance with
this Regulation, must be made public. Any processing of
personal data should comply with Regulation (EC) No
Whereas:
45/2001 of the European Parliament and of the
Council of 18 December 2000 on the protection of
individuals with regard to the processing of personal
(1) Decision
2011/172/CFSP
provides
for
the
freezing
of
data by the Community institutions and bodies and on
funds and economic resources of certain persons
the free movement of such data ( 2 ) and Directive
having been identified as responsible for the misappro
95/46/EC of the European Parliament and of the
priation of Egyptian State funds, and natural or legal
Council of 24 October 1995 on the protection of indi
persons, entities or bodies associated with them, who
viduals with regard to the processing of personal data
are thus depriving the Egyptian people of the benefits
and on the free movement of such data ( 3 ).
of the sustainable development of their economy and
society and undermining the development of
democracy in the country. These natural or legal
persons, entities and bodies are listed in the Annex to
(7) In
order
to
ensure
that
the
measures
provided
for
in
this
Decision 2011/172/CFSP.
Regulation are effective, it should enter into force
immediately,
(2) These
measures
fall
within
the
scope
of
the
Treaty
on
the
Functioning of the European Union and, therefore,
HAS ADOPTED THIS REGULATION:
notably with a view to ensuring their uniform application
by economic operators in all Member States, regulatory
action at the level of the Union is necessary in order to
implement them.
Article 1
For the purposes of this Regulation, the following definitions
shall apply:
(3) This
Regulation
respects
the
fundamental
rights
and
observes the principles recognised in particular by the
Charter of Fundamental Rights of the European Union
(a) ‘funds’ means financial assets and benefits of every kind,
and notably the right to an effective remedy and to a fair
including but not limited to:
trial and the right to the protection of personal data. This
Regulation should be applied in accordance with those
rights.
(i) cash, cheques, claims on money, drafts, money orders
and other payment instruments;
(4)
The power to amend the list in Annex I to this Regu
lation should be exercised by the Council, in view of the
seriousness of the political and security situation in Egypt
(ii) deposits with financial institutions or other entities,
and to ensure consistency with the process for amending
balances on accounts, debts and debt obligations;
and reviewing the Annex to Decision 2011/172/CFSP.
( 2 ) OJ L 8, 12.1.2001, p. 1.
( 1 ) See page 63 of this Official Journal.
( 3 ) OJ L 281, 23.11.1995, p. 31.
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22.3.2011 Official
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European
Union
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(iii) publicly and privately traded securities and debt
to circumvent the measures referred to in paragraphs 1 and 2
instruments, including stocks and shares, certificates
shall be prohibited.
representing securities, bonds, notes, warrants,
debentures and derivatives contracts;
Article 3
(iv) interest, dividends or other income on or value
1. Annex
I
shall
include
the
grounds
for
listing
of
listed
accruing from or generated by assets;
natural or legal persons, entities and bodies concerned.
(v) credit, right of set-off, guarantees, performance bonds
or other financial commitments;
2. Annex
I
shall
also
include,
where
available,
information
necessary to identify the natural or legal persons, entities and
bodies concerned. With regard to natural persons, such
information may include names, including aliases, date and
(vi) letters of credit, bills of lading and bills of sale;
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
(vii) documents evidencing an interest in funds or financial
may include names, place and date of registration, registration
resources;
number and place of business.
(b) ‘freezing of funds’ means preventing any move, transfer,
alteration, use of, access to, or dealing with funds in any
Article 4
way that would result in any change in their volume,
1. By
way
of
derogation
from
Article
2,
the
competent
amount, location, ownership, possession, character, desti
authorities of the Member States, as indicated on the websites
nation or other change that would enable the funds to be
listed in Annex II, may authorise the release of certain frozen
used, including portfolio management;
funds or economic resources, or the making available of certain
funds or economic resources, under such conditions as they
deem appropriate, after having determined that the funds or
(c) ‘economic resources’ means assets of every kind, whether
economic resources are:
tangible or intangible, movable or immovable, which are
not funds but may be used to obtain funds, goods or
services;
(a) necessary to satisfy the basic needs of natural persons listed
in Annex I and their dependent family members, including
payments for foodstuffs, rent or mortgage, medicines and
(d) ‘freezing of economic resources’ means preventing their use
medical treatment, taxes, insurance premiums, and public
to obtain funds, goods or services in any way, including, but
utility charges;
not limited to, by selling, hiring or mortgaging them;
(e) ‘territory of the Union’ means the territories of the Member
(b) intended exclusively for the payment of reasonable profes
States to which the Treaty is applicable, under the
sional fees or the reimbursement of incurred expenses
conditions laid down in the Treaty, including their airspace.
associated with the provision of legal services;
Article 2
(c) intended exclusively for the payment of fees or service
1.
All funds and economic resources belonging to, or owned,
charges for routine holding or maintenance of frozen
held or controlled by, persons who, as referred to in Article 1(1)
funds or economic resources; or
of Decision 2011/172/CFSP, have been identified as being
responsible for the misappropriation of Egyptian State funds,
and natural or legal persons, entities and bodies associated
with them, as listed in Annex I, shall be frozen.
(d) necessary for extraordinary expenses, provided that the
Member State concerned has notified all other Member
States and the Commission of the grounds on which it
considers that a specific authorisation should be granted,
2. No
funds
or
economic
resources
shall
be
made
available,
at least 2 weeks prior to the authorisation.
directly or indirectly, to or for the benefit of the natural or legal
persons, entities or bodies listed in Annex I.
2. The
Member
State
concerned
shall
inform
the
other
3. The participation, knowingly and intentionally, in Member States and the Commission of any authorisation
activities the object or effect of which is, directly or indirectly,
granted under paragraph 1.
L 76/6
EN
Official Journal of the European Union
22.3.2011
Article 5
concluded by, or an obligation that arose for, the person,
entity or body concerned, before the date on which that
1. By
way
of
derogation
from
Article
2,
the
competent person, entity or body was listed in Annex I, the competent
authorities in the Member States, as indicated on the websites
authorities of the Member States, as indicated on the websites
listed in Annex II, may authorise the release of certain frozen
listed in Annex II, may authorise, under such conditions as they
funds or economic resources, provided that the following
deem appropriate, the release of certain frozen funds or
conditions are met:
economic resources, if the following conditions are met:
(a) the funds or economic resources in question are the subject
of a judicial, administrative or arbitral lien established prior
(a) the competent authority concerned has determined that:
to the date on which the natural or legal person, entity or
body referred to in Article 2 was listed in Annex I, or of a
judicial, administrative or arbitral judgment rendered prior
(i) the funds or economic resources shall be used for a
to that date;
payment by a person, entity or body listed in Annex
I; and
(b) the funds or economic resources in question will be used
exclusively to satisfy claims secured by such a lien or
recognised as valid in such a judgment, within the limits
(ii) the payment is not in breach of Article 2(2);
set by applicable laws and regulations governing the rights
of persons having such claims;
(b) the Member State concerned has, at least 2 weeks prior to
the grant of the authorisation, notified the other Member
(c) the lien or judgment is not for the benefit of a person,
States and the Commission of that determination and its
entity or body listed in Annex I; and
intention to grant an authorisation.
(d) recognising the lien or judgment is not contrary to public
policy in the Member State concerned.
Article 8
1. The
freezing
of
funds
and
economic
resources
or
the
refusal to make funds or economic resources available, carried
2. The
Member
State
concerned
shall
inform
the
other out in good faith on the basis that such action is in accordance
Member States and the Commission of any authorisation
with this Regulation, shall not give rise to liability of any kind
granted under paragraph 1.
on the part of the natural or legal person or entity or body
implementing it, or its directors or employees, unless it is
Article 6
proved that the funds and economic resources were frozen or
withheld as a result of negligence.
1. Article
2(2)
shall
not
apply
to
the
addition
to
frozen
accounts of:
2. The
prohibition
set
out
in
Article
2(2)
shall
not
give
rise
to any liability of any kind on the part of the natural and legal
(a) interest or other earnings on those accounts; or
persons, entities and bodies who made funds or economic
resources available if they did not know, and had no reasonable
(b) payments due under contracts, agreements or obligations
cause to suspect, that their actions would infringe the
that were concluded or arose before the date on which
prohibition in question.
the natural or legal person, entity or body referred to in
Article 2 has been listed in Annex I,
Article 9
provided that any such interest, other earnings and payments
1. Without
prejudice
to
the
applicable
rules
concerning
will also be frozen in accordance with Article 2(1).
reporting, confidentiality and professional secrecy, natural and
legal persons, entities and bodies shall:
2. Article 2(2) shall not prevent financial or credit insti
tutions in the Union from crediting frozen accounts where
(a) supply immediately any information which would facilitate
they receive funds transferred to the account of a listed
compliance with this Regulation, such as accounts and
natural or legal person, entity or body, provided that any
amounts frozen in accordance with Article 2(1), to the
additions to such accounts will also be frozen. The financial
competent authority in the Member State where they are
or credit institution shall inform the relevant competent
resident or located, as indicated on the websites listed in
authority about any such transaction without delay.
Annex II, and shall transmit such information, either
directly or through the Member States, to the Commission;
and
Article 7
By way of derogation from Article 2 and provided that a
payment by a natural or legal person, entity or body listed in
(b) cooperate with that competent authority in any verification
Annex I is due under a contract or agreement that was
of this information.
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the
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Union
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2. Any
information
provided
or
received
in
accordance
with and shall take all measures necessary to ensure that they are
this Article shall be used only for the purposes for which it was
implemented. The penalties provided for shall be effective,
provided or received.
proportionate and dissuasive.
Article 10
2. Member
States
shall
notify
the
Commission
of
those
rules
The Commission and Member States shall immediately inform
without delay after the entry into force of this Regulation and
each other of the measures taken under this Regulation and
shall notify it of any subsequent amendment to them.
shall supply each other with any other relevant information at
their disposal in connection with this Regulation, in particular
information in respect of violation and enforcement problems
Article 14
and judgments handed down by national courts.
Where there is, in this Regulation, a requirement to notify,
inform or otherwise communicate with the Commission, the
Article 11
address and other contact details to be used for such communi
cation shall be those indicated in Annex II.
The Commission shall be empowered to amend Annex II on
the basis of information supplied by Member States.
Article 15
Article 12
This Regulation shall apply:
1. Where
the
Council
decides
to
subject
a
natural
or
legal
person, entity or body to the measures referred to in
Article 2(1), it shall amend Annex I accordingly.
(a) within the territory of the Union;
2. The
Council
shall
communicate
the
decision
referred
to
in
(b) on board any aircraft or any vessel under the jurisdiction of
paragraph 1, including the grounds for listing, to the natural or
a Member State;
legal person, entity or body concerned, either directly, if the
address is known, or through the publication of a notice,
providing such person, entity or body with an opportunity to
present observations.
(c) to any person inside or outside the territory of the Union
who is a national of a Member State;
3. Where
observations
are
submitted,
or
where
substantial
new evidence is presented, the Council shall review the
(d) to any legal person, entity or body which is incorporated or
decision referred to in paragraph 1 and inform the person,
constituted under the law of a Member State;
entity or body concerned accordingly.
4. The
list
in
Annex
I
shall
be
reviewed
at
regular
intervals (e) to any legal person, entity or body in respect of any
and at least every 12 months as from 21 March 2011.
business done in whole or in part within the Union.
Article 13
Article 16
1. Member
States
shall
lay
down
the
rules
on
penalties This Regulation shall enter into force on the day of its publi
applicable to infringements of the provisions of this Regulation
cation 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 March 2011.
For the Council
The President
C. ASHTON
L 76/8
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Official Journal of the European Union
22.3.2011
ANNEX I
List of natural and legal persons, entities and bodies referred to in Article 2(1)
Name (and any aliases) Identifying
information Grounds
for
designation
1. Mohamed
Hosni
Elsayed
Mubarak Former President of the Arab Person subject to judicial
Republic of Egypt
proceedings by the Egyptian
authorities in respect of the misap
Date of birth 04.05.1928
propriation of State Funds on the
Male
basis of the United Nations
Convention against corruption
2. Suzanne
Saleh
Thabet Spouse
of
Mr.
Mohamed
Hosni
Person subject to judicial
Elsayed Mubarak, former President proceedings by the Egyptian
of the Arab Republic of Egypt
authorities in respect of the misap
propriation of State Funds on the
Date of birth: 28.02.1941
basis of the United Nations
Female
Convention against corruption
3. Alaa
Mohamed
Hosni
Elsayed
Son of Mr. Mohamed Hosni Person subject to judicial
Mubarak
Elsayed Mubarak, former President proceedings by the Egyptian
of the Arab Republic of Egypt
authorities in respect of the misap
propriation of State Funds on the
Date of birth: 26.11.1960
basis of the United Nations
Male
Convention against corruption
4. Heidy
Mahmoud
Magdy
Hussein
Spouse of Mr. Alaa Mohamed Person subject to judicial
Rasekh
Hosni Elsayed Mubarak, son of proceedings by the Egyptian
former President of the Arab authorities in respect of the misap
Republic of Egypt
propriation of State Funds on the
basis of the United Nations
Date of birth: 05.10.1971
Convention against corruption
Female
5. Gamal
Mohamed
Hosni
Elsayed
Son of Mr. Mohamed Hosni Person subject to judicial
Mubarak
Elsayed Mubarak, former President proceedings by the Egyptian
of the Arab Republic of Egypt
authorities in respect of the misap
propriation of State Funds on the
Date of birth: 28.12.1963
basis of the United Nations
Male
Convention against corruption
6. Khadiga
Mahmoud
El
Gammal Spouse
of
Mr.
Gamal
Mohamed
Person subject to judicial
Hosni Elsayed Mubarak, son of proceedings by the Egyptian
former President of the Arab authorities in respect of the misap
Republic of Egypt
propriation of State Funds on the
basis of the United Nations
Date of birth: 13.10.1982
Convention against corruption
Female
7. Ahmed
Abdelaziz
Ezz Former
Member
of
the
Parliament
Person subject to judicial
proceedings by the Egyptian
Date of birth: 12.01.1959
authorities in respect of the misap
Male
propriation of State Funds on the
basis of the United Nations
Convention against corruption
8. Abla
Mohamed
Fawzi
Ali
Ahmed Spouse of Mr. Ahmed Abdelaziz Person subject to judicial
Ezz
proceedings by the Egyptian
authorities in respect of the misap
Date of birth: 31.01.1963
propriation of State Funds on the
Female
basis of the United Nations
Convention against corruption
EN
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Journal
of
the
European
Union
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Name (and any aliases) Identifying
information Grounds
for
designation
9. Khadiga
Ahmed
Ahmed
Kamel
Spouse of Mr Ahmed Abdelaziz Person subject to judicial
Yassin
Ezz
proceedings by the Egyptian
authorities in respect of the misap
Date of birth: 25.05.1959
propriation of State Funds on the
Female
basis of the United Nations
Convention against corruption
10.
Shahinaz Abdel Aziz Abdel Wahab Spouse of Mr. Ahmed Abdelaziz Person subject to judicial
Al Naggar
Ezz
proceedings by the Egyptian
authorities in respect of the misap
Date of birth: 09.10.1969
propriation of State Funds on the
Female
basis of the United Nations
Convention against corruption
11. Ahmed
Alaeldin
Amin
Abdel Former Minister of Housing, Public Person subject to judicial
maksoud Elmaghraby
Utilities and Urban Development
proceedings by the Egyptian
authorities in respect of the misap
Date of birth: 16.05.1945
propriation of State Funds on the
Male
basis of the United Nations
Convention against corruption
12. Naglaa
Abdallah
El
Gazaerly Spouse
of
Mr.
Ahmed
Alaeldin
Person subject to judicial
Amin Abdelmaksoud Elmaghraby proceedings by the Egyptian
authorities in respect of the misap
Date of birth: 03.06.1956
propriation of State Funds on the
Female
basis of the United Nations
Convention against corruption
13.
Rachid Mohamed Rachid Hussein Former
Minister
of
Trade
and Person subject to judicial
Industry
proceedings by the Egyptian
authorities in respect of the misap
Date of birth: 09.02.1955
propriation of State Funds on the
Male
basis of the United Nations
Convention against corruption
14. Hania
Mahmoud
Abdel
Rahman
Spouse of Mr. Rachid Mohamed Person subject to judicial
Fahmy
Rachid Hussein
proceedings by the Egyptian
authorities in respect of the misap
Date of birth: 05.07.1959
propriation of State Funds on the
Female
basis of the United Nations
Convention against corruption
15.
Mohamed Zohir Mohamed Wahed Former Minister of Tourism
Person subject to judicial
Garrana
proceedings by the Egyptian
Date of birth: 20.02.1959
authorities in respect of the misap
Male
propriation of State Funds on the
basis of the United Nations
Convention against corruption
16. Jaylane
Shawkat
Hosni
Galal
Eldin Spouse of Mr. Mohamed Zohir Person subject to judicial
Mohamed Wahed Garrana
proceedings by the Egyptian
authorities in respect of the misap
Date of birth: 08.01.1960
propriation of State Funds on the
Female
basis of the United Nations
Convention against corruption
17. Amir
Mohamed
Zohir
Mohamed
Son of Mr. Mohamed Zohir Person subject to judicial
Wahed Garrana
Mohamed Wahed Garrana
proceedings by the Egyptian
authorities in respect of the misap
Date of birth: 21.09.1990
propriation of State Funds on the
Male
basis of the United Nations
Convention against corruption
L 76/10
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Official Journal of the European Union
22.3.2011
Name (and any aliases) Identifying
information Grounds
for
designation
18.
Habib Ibrahim Habib Eladli Former
Minister
of
Interior Person subject to judicial
proceedings by the Egyptian
Date of birth: 01.03.1938
authorities in respect of the misap
Male
propriation of State Funds on the
basis of the United Nations
Convention against corruption
19. Elham
Sayed
Salem
Sharshar Spouse
of
Mr.
Habib
Ibrahim
Eladli
Person subject to judicial
proceedings by the Egyptian
Date of birth: 23.01.1963
authorities in respect of the misap
Female
propriation of State Funds on the
basis of the United Nations
Convention against corruption
EN
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European
Union L
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ANNEX II
List of competent authorities in the Member States referred to in Articles 4(1) and 5(1), Article 7 and
Article 9(1)(a) and address for notifications to the Commission
A. Competent authorities in each Member State:
BELGIUM
http://www.diplomatie.be/eusanctions
BULGARIA
http://www.mfa.bg/pages/view/5519
CZECH REPUBLIC
http://www.mfcr.cz/mezinarodnisankce
DENMARK
http://www.um.dk/da/menu/Udenrigspolitik/FredSikkerhedOgInternationalRetsorden/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://www.mfa.gr/www.mfa.gr/en-US/Policy/Multilateral+Diplomacy/Global+Issues/International+Sanctions/
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
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
L 76/12
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Official Journal of the European Union
22.3.2011
NETHERLANDS
http://www.minbuza.nl/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/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
http://www.fco.gov.uk/competentauthorities
B. Address for notifications to or other communication with the Commission:
European Commission
Foreign Policy Instruments Service
CHAR 12/106
1049 Bruxelles/Brussel
BELGIQUE/BELGI
E-mail: relex-sanctions@ec.europa.eu
Tel. +32 22955585
Fax +32 22990873
EN
Official Journal of the European Union
22.3.2011
COUNCIL REGULATION (EU) No 270/2011
of 21 March 2011
concerning restrictive measures directed against certain persons, entities and bodies in view of the
situation in Egypt
THE COUNCIL OF THE EUROPEAN UNION,
(5)
The procedure for amending the list in Annex I to this
Regulation should include providing natural or legal
persons, entities or bodies concerned with the grounds
Having regard to the Treaty on the Functioning of the European
for their listing, so as to give them an opportunity to
Union, and in particular Article 215(2) thereof,
submit observations. Where observations are submitted,
or substantial new evidence is presented, the Council
should review its decision on Annex I in light of those
observations and inform the person, entity or body
Having regard to Council Decision 2011/172/CFSP of 21 March
concerned accordingly.
2011 concerning restrictive measures directed against certain
persons, entities and bodies in view of the situation in Egypt ( 1 ),
(6) For
the
implementation
of
this
Regulation,
and
in
order
Having regard to the joint proposal from the High Represen
to create maximum legal certainty within the Union, the
tative of the Union for Foreign Affairs and Security Policy and
names and other relevant data concerning natural and
the European Commission,
legal persons, entities and bodies whose funds and
economic resources must be frozen in accordance with
this Regulation, must be made public. Any processing of
personal data should comply with Regulation (EC) No
Whereas:
45/2001 of the European Parliament and of the
Council of 18 December 2000 on the protection of
individuals with regard to the processing of personal
(1) Decision
2011/172/CFSP
provides
for
the
freezing
of
data by the Community institutions and bodies and on
funds and economic resources of certain persons
the free movement of such data ( 2 ) and Directive
having been identified as responsible for the misappro
95/46/EC of the European Parliament and of the
priation of Egyptian State funds, and natural or legal
Council of 24 October 1995 on the protection of indi
persons, entities or bodies associated with them, who
viduals with regard to the processing of personal data
are thus depriving the Egyptian people of the benefits
and on the free movement of such data ( 3 ).
of the sustainable development of their economy and
society and undermining the development of
democracy in the country. These natural or legal
persons, entities and bodies are listed in the Annex to
(7) In
order
to
ensure
that
the
measures
provided
for
in
this
Decision 2011/172/CFSP.
Regulation are effective, it should enter into force
immediately,
(2) These
measures
fall
within
the
scope
of
the
Treaty
on
the
Functioning of the European Union and, therefore,
HAS ADOPTED THIS REGULATION:
notably with a view to ensuring their uniform application
by economic operators in all Member States, regulatory
action at the level of the Union is necessary in order to
implement them.
Article 1
For the purposes of this Regulation, the following definitions
shall apply:
(3) This
Regulation
respects
the
fundamental
rights
and
observes the principles recognised in particular by the
Charter of Fundamental Rights of the European Union
(a) ‘funds’ means financial assets and benefits of every kind,
and notably the right to an effective remedy and to a fair
including but not limited to:
trial and the right to the protection of personal data. This
Regulation should be applied in accordance with those
rights.
(i) cash, cheques, claims on money, drafts, money orders
and other payment instruments;
(4)
The power to amend the list in Annex I to this Regu
lation should be exercised by the Council, in view of the
seriousness of the political and security situation in Egypt
(ii) deposits with financial institutions or other entities,
and to ensure consistency with the process for amending
balances on accounts, debts and debt obligations;
and reviewing the Annex to Decision 2011/172/CFSP.
( 2 ) OJ L 8, 12.1.2001, p. 1.
( 1 ) See page 63 of this Official Journal.
( 3 ) OJ L 281, 23.11.1995, p. 31.
EN
22.3.2011 Official
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European
Union
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(iii) publicly and privately traded securities and debt
to circumvent the measures referred to in paragraphs 1 and 2
instruments, including stocks and shares, certificates
shall be prohibited.
representing securities, bonds, notes, warrants,
debentures and derivatives contracts;
Article 3
(iv) interest, dividends or other income on or value
1. Annex
I
shall
include
the
grounds
for
listing
of
listed
accruing from or generated by assets;
natural or legal persons, entities and bodies concerned.
(v) credit, right of set-off, guarantees, performance bonds
or other financial commitments;
2. Annex
I
shall
also
include,
where
available,
information
necessary to identify the natural or legal persons, entities and
bodies concerned. With regard to natural persons, such
information may include names, including aliases, date and
(vi) letters of credit, bills of lading and bills of sale;
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
(vii) documents evidencing an interest in funds or financial
may include names, place and date of registration, registration
resources;
number and place of business.
(b) ‘freezing of funds’ means preventing any move, transfer,
alteration, use of, access to, or dealing with funds in any
Article 4
way that would result in any change in their volume,
1. By
way
of
derogation
from
Article
2,
the
competent
amount, location, ownership, possession, character, desti
authorities of the Member States, as indicated on the websites
nation or other change that would enable the funds to be
listed in Annex II, may authorise the release of certain frozen
used, including portfolio management;
funds or economic resources, or the making available of certain
funds or economic resources, under such conditions as they
deem appropriate, after having determined that the funds or
(c) ‘economic resources’ means assets of every kind, whether
economic resources are:
tangible or intangible, movable or immovable, which are
not funds but may be used to obtain funds, goods or
services;
(a) necessary to satisfy the basic needs of natural persons listed
in Annex I and their dependent family members, including
payments for foodstuffs, rent or mortgage, medicines and
(d) ‘freezing of economic resources’ means preventing their use
medical treatment, taxes, insurance premiums, and public
to obtain funds, goods or services in any way, including, but
utility charges;
not limited to, by selling, hiring or mortgaging them;
(e) ‘territory of the Union’ means the territories of the Member
(b) intended exclusively for the payment of reasonable profes
States to which the Treaty is applicable, under the
sional fees or the reimbursement of incurred expenses
conditions laid down in the Treaty, including their airspace.
associated with the provision of legal services;
Article 2
(c) intended exclusively for the payment of fees or service
1.
All funds and economic resources belonging to, or owned,
charges for routine holding or maintenance of frozen
held or controlled by, persons who, as referred to in Article 1(1)
funds or economic resources; or
of Decision 2011/172/CFSP, have been identified as being
responsible for the misappropriation of Egyptian State funds,
and natural or legal persons, entities and bodies associated
with them, as listed in Annex I, shall be frozen.
(d) necessary for extraordinary expenses, provided that the
Member State concerned has notified all other Member
States and the Commission of the grounds on which it
considers that a specific authorisation should be granted,
2. No
funds
or
economic
resources
shall
be
made
available,
at least 2 weeks prior to the authorisation.
directly or indirectly, to or for the benefit of the natural or legal
persons, entities or bodies listed in Annex I.
2. The
Member
State
concerned
shall
inform
the
other
3. The participation, knowingly and intentionally, in Member States and the Commission of any authorisation
activities the object or effect of which is, directly or indirectly,
granted under paragraph 1.
L 76/6
EN
Official Journal of the European Union
22.3.2011
Article 5
concluded by, or an obligation that arose for, the person,
entity or body concerned, before the date on which that
1. By
way
of
derogation
from
Article
2,
the
competent person, entity or body was listed in Annex I, the competent
authorities in the Member States, as indicated on the websites
authorities of the Member States, as indicated on the websites
listed in Annex II, may authorise the release of certain frozen
listed in Annex II, may authorise, under such conditions as they
funds or economic resources, provided that the following
deem appropriate, the release of certain frozen funds or
conditions are met:
economic resources, if the following conditions are met:
(a) the funds or economic resources in question are the subject
of a judicial, administrative or arbitral lien established prior
(a) the competent authority concerned has determined that:
to the date on which the natural or legal person, entity or
body referred to in Article 2 was listed in Annex I, or of a
judicial, administrative or arbitral judgment rendered prior
(i) the funds or economic resources shall be used for a
to that date;
payment by a person, entity or body listed in Annex
I; and
(b) the funds or economic resources in question will be used
exclusively to satisfy claims secured by such a lien or
recognised as valid in such a judgment, within the limits
(ii) the payment is not in breach of Article 2(2);
set by applicable laws and regulations governing the rights
of persons having such claims;
(b) the Member State concerned has, at least 2 weeks prior to
the grant of the authorisation, notified the other Member
(c) the lien or judgment is not for the benefit of a person,
States and the Commission of that determination and its
entity or body listed in Annex I; and
intention to grant an authorisation.
(d) recognising the lien or judgment is not contrary to public
policy in the Member State concerned.
Article 8
1. The
freezing
of
funds
and
economic
resources
or
the
refusal to make funds or economic resources available, carried
2. The
Member
State
concerned
shall
inform
the
other out in good faith on the basis that such action is in accordance
Member States and the Commission of any authorisation
with this Regulation, shall not give rise to liability of any kind
granted under paragraph 1.
on the part of the natural or legal person or entity or body
implementing it, or its directors or employees, unless it is
Article 6
proved that the funds and economic resources were frozen or
withheld as a result of negligence.
1. Article
2(2)
shall
not
apply
to
the
addition
to
frozen
accounts of:
2. The
prohibition
set
out
in
Article
2(2)
shall
not
give
rise
to any liability of any kind on the part of the natural and legal
(a) interest or other earnings on those accounts; or
persons, entities and bodies who made funds or economic
resources available if they did not know, and had no reasonable
(b) payments due under contracts, agreements or obligations
cause to suspect, that their actions would infringe the
that were concluded or arose before the date on which
prohibition in question.
the natural or legal person, entity or body referred to in
Article 2 has been listed in Annex I,
Article 9
provided that any such interest, other earnings and payments
1. Without
prejudice
to
the
applicable
rules
concerning
will also be frozen in accordance with Article 2(1).
reporting, confidentiality and professional secrecy, natural and
legal persons, entities and bodies shall:
2. Article 2(2) shall not prevent financial or credit insti
tutions in the Union from crediting frozen accounts where
(a) supply immediately any information which would facilitate
they receive funds transferred to the account of a listed
compliance with this Regulation, such as accounts and
natural or legal person, entity or body, provided that any
amounts frozen in accordance with Article 2(1), to the
additions to such accounts will also be frozen. The financial
competent authority in the Member State where they are
or credit institution shall inform the relevant competent
resident or located, as indicated on the websites listed in
authority about any such transaction without delay.
Annex II, and shall transmit such information, either
directly or through the Member States, to the Commission;
and
Article 7
By way of derogation from Article 2 and provided that a
payment by a natural or legal person, entity or body listed in
(b) cooperate with that competent authority in any verification
Annex I is due under a contract or agreement that was
of this information.
EN
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the
European
Union
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2. Any
information
provided
or
received
in
accordance
with and shall take all measures necessary to ensure that they are
this Article shall be used only for the purposes for which it was
implemented. The penalties provided for shall be effective,
provided or received.
proportionate and dissuasive.
Article 10
2. Member
States
shall
notify
the
Commission
of
those
rules
The Commission and Member States shall immediately inform
without delay after the entry into force of this Regulation and
each other of the measures taken under this Regulation and
shall notify it of any subsequent amendment to them.
shall supply each other with any other relevant information at
their disposal in connection with this Regulation, in particular
information in respect of violation and enforcement problems
Article 14
and judgments handed down by national courts.
Where there is, in this Regulation, a requirement to notify,
inform or otherwise communicate with the Commission, the
Article 11
address and other contact details to be used for such communi
cation shall be those indicated in Annex II.
The Commission shall be empowered to amend Annex II on
the basis of information supplied by Member States.
Article 15
Article 12
This Regulation shall apply:
1. Where
the
Council
decides
to
subject
a
natural
or
legal
person, entity or body to the measures referred to in
Article 2(1), it shall amend Annex I accordingly.
(a) within the territory of the Union;
2. The
Council
shall
communicate
the
decision
referred
to
in
(b) on board any aircraft or any vessel under the jurisdiction of
paragraph 1, including the grounds for listing, to the natural or
a Member State;
legal person, entity or body concerned, either directly, if the
address is known, or through the publication of a notice,
providing such person, entity or body with an opportunity to
present observations.
(c) to any person inside or outside the territory of the Union
who is a national of a Member State;
3. Where
observations
are
submitted,
or
where
substantial
new evidence is presented, the Council shall review the
(d) to any legal person, entity or body which is incorporated or
decision referred to in paragraph 1 and inform the person,
constituted under the law of a Member State;
entity or body concerned accordingly.
4. The
list
in
Annex
I
shall
be
reviewed
at
regular
intervals (e) to any legal person, entity or body in respect of any
and at least every 12 months as from 21 March 2011.
business done in whole or in part within the Union.
Article 13
Article 16
1. Member
States
shall
lay
down
the
rules
on
penalties This Regulation shall enter into force on the day of its publi
applicable to infringements of the provisions of this Regulation
cation 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 March 2011.
For the Council
The President
C. ASHTON
L 76/8
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Official Journal of the European Union
22.3.2011
ANNEX I
List of natural and legal persons, entities and bodies referred to in Article 2(1)
Name (and any aliases) Identifying
information Grounds
for
designation
1. Mohamed
Hosni
Elsayed
Mubarak Former President of the Arab Person subject to judicial
Republic of Egypt
proceedings by the Egyptian
authorities in respect of the misap
Date of birth 04.05.1928
propriation of State Funds on the
Male
basis of the United Nations
Convention against corruption
2. Suzanne
Saleh
Thabet Spouse
of
Mr.
Mohamed
Hosni
Person subject to judicial
Elsayed Mubarak, former President proceedings by the Egyptian
of the Arab Republic of Egypt
authorities in respect of the misap
propriation of State Funds on the
Date of birth: 28.02.1941
basis of the United Nations
Female
Convention against corruption
3. Alaa
Mohamed
Hosni
Elsayed
Son of Mr. Mohamed Hosni Person subject to judicial
Mubarak
Elsayed Mubarak, former President proceedings by the Egyptian
of the Arab Republic of Egypt
authorities in respect of the misap
propriation of State Funds on the
Date of birth: 26.11.1960
basis of the United Nations
Male
Convention against corruption
4. Heidy
Mahmoud
Magdy
Hussein
Spouse of Mr. Alaa Mohamed Person subject to judicial
Rasekh
Hosni Elsayed Mubarak, son of proceedings by the Egyptian
former President of the Arab authorities in respect of the misap
Republic of Egypt
propriation of State Funds on the
basis of the United Nations
Date of birth: 05.10.1971
Convention against corruption
Female
5. Gamal
Mohamed
Hosni
Elsayed
Son of Mr. Mohamed Hosni Person subject to judicial
Mubarak
Elsayed Mubarak, former President proceedings by the Egyptian
of the Arab Republic of Egypt
authorities in respect of the misap
propriation of State Funds on the
Date of birth: 28.12.1963
basis of the United Nations
Male
Convention against corruption
6. Khadiga
Mahmoud
El
Gammal Spouse
of
Mr.
Gamal
Mohamed
Person subject to judicial
Hosni Elsayed Mubarak, son of proceedings by the Egyptian
former President of the Arab authorities in respect of the misap
Republic of Egypt
propriation of State Funds on the
basis of the United Nations
Date of birth: 13.10.1982
Convention against corruption
Female
7. Ahmed
Abdelaziz
Ezz Former
Member
of
the
Parliament
Person subject to judicial
proceedings by the Egyptian
Date of birth: 12.01.1959
authorities in respect of the misap
Male
propriation of State Funds on the
basis of the United Nations
Convention against corruption
8. Abla
Mohamed
Fawzi
Ali
Ahmed Spouse of Mr. Ahmed Abdelaziz Person subject to judicial
Ezz
proceedings by the Egyptian
authorities in respect of the misap
Date of birth: 31.01.1963
propriation of State Funds on the
Female
basis of the United Nations
Convention against corruption
EN
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Journal
of
the
European
Union
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Name (and any aliases) Identifying
information Grounds
for
designation
9. Khadiga
Ahmed
Ahmed
Kamel
Spouse of Mr Ahmed Abdelaziz Person subject to judicial
Yassin
Ezz
proceedings by the Egyptian
authorities in respect of the misap
Date of birth: 25.05.1959
propriation of State Funds on the
Female
basis of the United Nations
Convention against corruption
10.
Shahinaz Abdel Aziz Abdel Wahab Spouse of Mr. Ahmed Abdelaziz Person subject to judicial
Al Naggar
Ezz
proceedings by the Egyptian
authorities in respect of the misap
Date of birth: 09.10.1969
propriation of State Funds on the
Female
basis of the United Nations
Convention against corruption
11. Ahmed
Alaeldin
Amin
Abdel Former Minister of Housing, Public Person subject to judicial
maksoud Elmaghraby
Utilities and Urban Development
proceedings by the Egyptian
authorities in respect of the misap
Date of birth: 16.05.1945
propriation of State Funds on the
Male
basis of the United Nations
Convention against corruption
12. Naglaa
Abdallah
El
Gazaerly Spouse
of
Mr.
Ahmed
Alaeldin
Person subject to judicial
Amin Abdelmaksoud Elmaghraby proceedings by the Egyptian
authorities in respect of the misap
Date of birth: 03.06.1956
propriation of State Funds on the
Female
basis of the United Nations
Convention against corruption
13.
Rachid Mohamed Rachid Hussein Former
Minister
of
Trade
and Person subject to judicial
Industry
proceedings by the Egyptian
authorities in respect of the misap
Date of birth: 09.02.1955
propriation of State Funds on the
Male
basis of the United Nations
Convention against corruption
14. Hania
Mahmoud
Abdel
Rahman
Spouse of Mr. Rachid Mohamed Person subject to judicial
Fahmy
Rachid Hussein
proceedings by the Egyptian
authorities in respect of the misap
Date of birth: 05.07.1959
propriation of State Funds on the
Female
basis of the United Nations
Convention against corruption
15.
Mohamed Zohir Mohamed Wahed Former Minister of Tourism
Person subject to judicial
Garrana
proceedings by the Egyptian
Date of birth: 20.02.1959
authorities in respect of the misap
Male
propriation of State Funds on the
basis of the United Nations
Convention against corruption
16. Jaylane
Shawkat
Hosni
Galal
Eldin Spouse of Mr. Mohamed Zohir Person subject to judicial
Mohamed Wahed Garrana
proceedings by the Egyptian
authorities in respect of the misap
Date of birth: 08.01.1960
propriation of State Funds on the
Female
basis of the United Nations
Convention against corruption
17. Amir
Mohamed
Zohir
Mohamed
Son of Mr. Mohamed Zohir Person subject to judicial
Wahed Garrana
Mohamed Wahed Garrana
proceedings by the Egyptian
authorities in respect of the misap
Date of birth: 21.09.1990
propriation of State Funds on the
Male
basis of the United Nations
Convention against corruption
L 76/10
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Official Journal of the European Union
22.3.2011
Name (and any aliases) Identifying
information Grounds
for
designation
18.
Habib Ibrahim Habib Eladli Former
Minister
of
Interior Person subject to judicial
proceedings by the Egyptian
Date of birth: 01.03.1938
authorities in respect of the misap
Male
propriation of State Funds on the
basis of the United Nations
Convention against corruption
19. Elham
Sayed
Salem
Sharshar Spouse
of
Mr.
Habib
Ibrahim
Eladli
Person subject to judicial
proceedings by the Egyptian
Date of birth: 23.01.1963
authorities in respect of the misap
Female
propriation of State Funds on the
basis of the United Nations
Convention against corruption
EN
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Journal
of
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European
Union L
76/11
ANNEX II
List of competent authorities in the Member States referred to in Articles 4(1) and 5(1), Article 7 and
Article 9(1)(a) and address for notifications to the Commission
A. Competent authorities in each Member State:
BELGIUM
http://www.diplomatie.be/eusanctions
BULGARIA
http://www.mfa.bg/pages/view/5519
CZECH REPUBLIC
http://www.mfcr.cz/mezinarodnisankce
DENMARK
http://www.um.dk/da/menu/Udenrigspolitik/FredSikkerhedOgInternationalRetsorden/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://www.mfa.gr/www.mfa.gr/en-US/Policy/Multilateral+Diplomacy/Global+Issues/International+Sanctions/
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
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
L 76/12
EN
Official Journal of the European Union
22.3.2011
NETHERLANDS
http://www.minbuza.nl/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/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
http://www.fco.gov.uk/competentauthorities
B. Address for notifications to or other communication with the Commission:
European Commission
Foreign Policy Instruments Service
CHAR 12/106
1049 Bruxelles/Brussel
BELGIQUE/BELGI
E-mail: relex-sanctions@ec.europa.eu
Tel. +32 22955585
Fax +32 22990873
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