23.12.2009   

EN

Official Journal of the European Union

L 346/51


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 KONATÉ

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 BALDÉ

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 BÉAVOGUI

 

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 TOURÉ

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 TOURÉ

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. Aïdor (alias Aëdor) 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) CONDÉ

 

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 CONDÉ

d.o.b: 28/11/52

Pass: R0003212

Member of the CNDD

32.

S-Lt. Cheikh Ahmed TOURÉ

 

Member of the CNDD

33.

Lt. Colonel Aboubacar Biro CONDÉ

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) CONDÉ

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) DIAKITÉ

 

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 SANDÉ

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) KÉIRA

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 KOLIÉ

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 DIOUBATÉ

d.o.b: 01/01/60

Pass: R0003622

Director of the Presidency press office

CNDD spokesman

60.

Cheik Sydia DIABATÉ

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 CONDÉ

 

Minister for Information and Culture

70.

Boureima CONDÉ

 

Minister for Agriculture and Stock Farming

71.

Mariame SYLLA

 

Minister for Decentralisation and Local Government