HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 28/62
EN
Official Journal of the European Union
2.2.2011
COUNCIL DECISION 2011/72/CFSP
of 31 January 2011
concerning restrictive measures directed against certain persons and entities in view of the situation
in Tunisia
THE COUNCIL OF THE EUROPEAN UNION,
payments for foodstuffs, rent or mortgage, medicines and
medical treatment, taxes, insurance premiums, and public
utility charges;
Having regard to the Treaty on European Union, and in
particular Article 29 thereof,
(b) intended exclusively for the payment of reasonable profes
sional fees and the reimbursement of incurred expenses
associated with the provision of legal services;
Whereas:
(c) intended exclusively for the payment of fees or service
(1) On
31
January
2011,
the
Council
reaffirmed
its
full
soli
charges for the routine holding or maintenance of frozen
darity and support with Tunisia and its people in their
funds or economic resources; or
efforts to establish a stable democracy, the rule of law,
democratic pluralism and full respect for human rights
and fundamental freedoms.
(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
(2) The
Council
further
decided
to
adopt
restrictive
measures
against persons responsible for misappropriation of
grounds on which it considers that a specific authorisation
Tunisian State funds and who are thus depriving the
should be granted, at least 2 weeks prior to the authori
Tunisian people of the benefits of the sustainable devel
sation.
opment of their economy and society and undermining
the development of democracy in the country.
A Member State shall inform the other Member States and the
Commission of any authorisation it grants under this paragraph.
(3) Further action by the Union is needed in order to
implement certain measures,
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
HAS ADOPTED THIS DECISION:
following conditions are met:
Article 1
(a) the funds or economic resources are the subject of a
1. All
funds
and
economic
resources
belonging
to,
owned,
judicial, administrative or arbitral lien established prior to
held or controlled by persons responsible for misappropriation
the date on which the natural or legal person, entity or
of Tunisian State funds, and natural or legal persons or entities
body referred to in Article 1(1) was included in the
associated with them, as listed in the Annex, shall be frozen.
Annex, or of a judicial, administrative or arbitral judgment
rendered prior to that date;
2. No
funds
or
economic
resources
shall
be
made
available,
directly or indirectly, to, or for the benefit of, natural or legal
(b) the funds or economic resources will be used exclusively to
persons or entities listed in the Annex.
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;
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
(c) the lien or judgment is not for the benefit of a natural or
determined that the funds or economic resources concerned are:
legal person, entity or body listed in the Annex; and
(a) necessary to satisfy the basic needs of the persons listed in
(d) recognising the lien or judgement is not contrary to public
the Annex and their dependent family members, including
policy in the Member State concerned.

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EN
2.2.2011 Official
Journal
of
the
European
Union L
28/63
A Member State shall inform the other Member States and the
Article 3
Commission of any authorisation granted under this paragraph.
1. The
Annex
shall
include
the
grounds
for
listing
the
persons and entities.
5. Paragraph
2
shall
not
apply
to
the
addition
to
frozen
accounts of:
2. The
Annex
shall
also
contain,
where
available,
the
information necessary to identify the persons or entities
concerned. With regard to persons, such information may
include names, including aliases, date and place of birth,
(a) interest or other earnings on those accounts; or
nationality, passport and ID card numbers, gender, address if
known, and function or profession. With regard to entities, such
information may include names, place and date of registration,
(b) payments due under contracts, agreements or obligations
registration number and place of business.
that were concluded or arose prior to the date on which
those accounts became subject to this Decision,
Article 4
In order to maximise the impact of the abovementioned
provided that any such interest, other earnings and payments
measures, the Union shall encourage third States to adopt
remain subject to paragraph 1.
restrictive measures similar to those contained in this Decision.
Article 5
Article 2
This Decision shall apply for a period of 12 months. It shall be
1. The Council, acting upon a proposal by a Member State
kept under constant review. It shall be renewed, or amended as
or the High Representative of the Union for Foreign Affairs and
appropriate, if the Council deems that its objectives have not
Security Policy, shall establish and amend the list in the Annex.
been met.
2. The
Council
shall
communicate
its
decision,
including
the
Article 6
grounds for the listing, to the person or entity concerned, either
This Decision shall enter into force on the date of its adoption.
directly, if the address is known, or through the publication of a
notice, providing such person or entity with an opportunity to
present observations.
Done at Brussels, 31 January 2011.
For the Council
3. Where
observations
are
submitted,
or
where
substantial
new evidence is presented, the Council shall review its
The President
decision and inform the person or entity concerned accordingly.
C. ASHTON

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L 28/64
EN
Official Journal of the European Union
2.2.2011
ANNEX
LIST OF PERSONS AND ENTITIES REFERRED TO IN ARTICLE 1
Name Identifying
information Grounds
1. Mr Zine el-Abidine Ben born 3 September 1936, passports Person subject to judicial investigation by the
Hamda Ben Ali
No D005686, expiring 24 Decem Tunisian authorities in respect of the misap
ber 2011, and No D012100, propriation of property real and movable, the
expiring 15 January 2014
opening of bank accounts and the holding of
assets in several countries as part of money-
laundering operations.
2. Mrs
Lela
Bent
Mohammed born 24 October 1956, passports Person subject to judicial investigation by the
Trabelsi, (married to) Ben No D005687, expiring 24 Decem Tunisian authorities in respect of the misap
Ali
ber 2011, and No D012101, propriation of property real and movable, the
expiring 15 January 2014
opening of bank accounts and the holding of
assets in several countries as part of money-
laundering operations.

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