Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan

Article 1

For the purpose of this Regulation, the following definitions shall apply:

Article 2

All funds and economic resources belonging to, owned, held or controlled, either directly or indirectly, by a natural or legal person, entity, body or group listed in Annex I and Annex Ia including by a third party acting on their behalf or at their direction, shall be frozen.

Article 2 (1) and (2) shall not apply to the making available of funds or economic resources necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:

(a) the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;

(b) international organisations;

(c) humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;

(d) bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA);

(e) the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or by,

(f) appropriate other actors as determined by the Sanctions Committee as regards Annexes I and Ia.

Article 2a

Article 2 shall not apply to funds or economic resources where:

(a) any of the competent authorities of the Member States  ————— has determined, upon a request made by an interested natural or legal person, that these funds or economic resources: (i) are necessary to cover basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges; (ii) are intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services; (iii) are intended exclusively for payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources; (iv) are necessary for extraordinary expenses; or (v) were frozen pursuant to the inclusion, in Annex I, of a natural person as listed in Annex Ia; and

(b) the determination referred to in point (a) has been notified to the Sanctions Committee; and (i) in the case of a determination under point (a)(i), (ii) or (iii), the Sanctions Committee has not objected to the determination within three working days of notification; (ii) in the case of a determination under point (a) (iv), the Sanctions Committee has approved the determination; or (iii) in case of a determination under point (a)(v), the competent authority of the relevant Member State  ————— has provided assurances to the Sanctions Committee that the funds or economic resources will not be transferred, directly or indirectly, to any natural or legal person, entity, body or group, as listed in Annex I, or otherwise used for terrorist purposes, in line with UNSCR 1373 (2001), and no member of the Sanctions Committee has objected to the determination within 30 days of notification.

Article 2 (2) shall not apply to the addition to frozen accounts of:

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

(b) payments due under contracts, agreements or obligations that arose prior to the date on which those accounts became subject to the provisions of UN Security Council resolutions implemented successively through Regulation (EC) No 337/2000 (¹), Regulation (EC) No 467/2001 (²) or this Regulation.

In the same manner as the account to which they are added, such interest, other earnings and payments shall also be frozen.

Article 2b

Article 2 (2) shall not prevent financial or credit institutions in the Union from crediting frozen accounts where they receive funds transferred to the account of a listed natural or legal person, entity, body or group, provided that any additions to such accounts will also be frozen. The financial or credit institution shall inform the competent authorities about such transactions without delay.

Article 3

Without prejudice to the powers of Member States in the exercise of their public authority, it shall be prohibited to provide, directly or indirectly, technical advice, assistance or training related to military activities, including in particular training and assistance related to the manufacture, maintenance and use of arms and related materiel of all types, to any natural or legal person, entity, body or group listed in Annex I.

Article 4

Article 5

Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy and to the provisions of  Article 337 of the Treaty on the Functioning of the European Union, natural and legal persons, entities and bodies shall:

(a) provide immediately any information which would facilitate compliance with this Regulation, such as information about funds and economic resources held or controlled while acting on behalf of, or at the direction of, any natural or legal person, entity, body or group listed in Annex I or Annex Ia, or about accounts and amounts frozen in accordance with Article 2, to the competent authorities of the Member States where they are resident or located, and, directly or through those competent authorities, to the Commission. In particular, available information in respect of funds or economic resources owned or controlled by persons designated by the United Nations Security Council or the Sanctions Committee and listed in Annex I during the period of six months before the entry into force of this Regulation shall be provided;

(b) cooperate with the competent authorities  ————— in any verification of this information.

Article 6

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 with this Regulation, shall not give rise to liability of any kind on the part of the natural or legal person, entity or body implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen, or not made available, as a result of negligence.

Article 7

The Commission shall be empowered to:

(a) amend Annex I  and Annex Ia, where necessary in accordance with the procedure referred to in Article 7b(2), and

(b) amend Annex II on the basis of information supplied by Member States.

Article 7a

Article 7b

Article 7c

Article 7d

Annex I and Annex Ia shall include, where available, information on listed natural persons that is provided by the United Nations Security Council or by the Sanctions Committee and that is necessary for the purpose of identifying the persons concerned. Such information may include:

(a) surname and given names, including alias names and titles, if any;

(b) date and place of birth;

(c) nationality;

(d) passport and ID card numbers;

(e) fiscal and social security numbers;

(f) gender;

(g) address or other information on whereabouts;

(h) function or profession;

(i) the date of designation referred to in Article 2(3).

Article 7e

Annex I shall include, where available, information on legal persons and entities that is provided by the United Nations Security Council or by the Sanctions Committee and that is necessary for the purpose of identifying the person or entity concerned. Such information may include:

(a) name;

(b) place and date of registration;

(c) registration number;

(d) principal place of business or other information on the whereabouts;

(e) date of designation referred to in Article 2(3).

Article 8

The Commission and the Member States shall immediately inform each other of the measures taken under this Regulation and shall supply each other with relevant information at their disposal in connection with this Regulation, in particular information received in accordance with Article 5 and in respect of violation and enforcement problems and judgements handed down by national courts.

Article 9

This Regulation shall apply notwithstanding any rights conferred or obligations imposed by any international agreement signed or any contract entered into or any licence or permit granted before the entry into force of this Regulation.

Article 10

Article 11

This Regulation shall apply:

(a) within the territory of the Union, including its airspace;

(b) on board any aircraft or any vessel under the jurisdiction of a Member State;

(c) to any natural person inside or outside the territory of the Union who is a national of a Member State;

(d) to any legal person, entity or body which is incorporated or constituted under the law of a Member State;

(e) to any natural or legal person, entity, body or group in respect of any business done in whole or in part within the Union.

Article 12

Regulation (EC) No 467/2001 is hereby repealed.

Article 13

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European  Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

List of persons, groups and entities referred to in Article 2

Legal persons, groups and entities

— Abu Sayyaf Group (alias Al Harakat Al Islamiyya). Address: Philippines. Other information: (a) Associated with Jemaah Islamiyah (JI); (b) Current leader is Radulan Sahiron. Date of designation referred to in Article 2a (4) (b): 6.10.2001.

— Afghan Support Committee (ASC) (alias (a) Lajnat ul Masa Eidatul Afghania, (b) Jamiat Ayat-ur-Rhas al Islamiac, (c) Jamiat Ihya ul Turath al Islamia, (d) Ahya ul Turas, (e) ASC). Address: (a) Headquarters — G. T. Road (probably Grand Trunk Road), near Pushtoon Garhi Pabbi, Peshawar, Pakistan; (b) Cheprahar Hadda, Mia Omar Sabaqah School, Jalabad, Afghanistan. Other information: (a) Associated with the Revival of Islamic Heritage Society; (b) Abu Bakr al-Jaziri served as finance chief of ASC. Date of designation referred to in Article 2a (4) (b): 11.1.2002.

— Al-Qaida (alias (a) ‘The Base’, (b) Al Qaeda, (c) Islamic Salvation Foundation, (d) The Group for the Preservation of the Holy Sites, (e) The Islamic Army for the Liberation of Holy Places, (f) The World Islamic Front for Jihad Against Jews and Crusaders, (g) Usama Bin Laden Network (h) Usama Bin Laden Organisation, (i) Al Qa'ida, (j) Al Qa'ida/Islamic Army). Other information: Formerly listed as Al Qa'ida/Islamic Army. Date of designation referred to in Article 2a (4) (b): 6.10.2001.

— Al Rashid Trust (alias (a) Al-Rasheed Trust, (b) Al Rasheed Trust, (c) Al-Rashid Trust, (d) Aid Organisation of The Ulema, Pakistan, (e) Al Amin Welfare Trust, (f) Al Amin Trust, (g) Al Ameen Trust, (h) Al-Ameen Trust, (i) Al Madina Trust, (j) Al-Madina Trust). Address: (a) Kitas Ghar, Nazimabad 4, Dahgel-Iftah, Karachi, Pakistan; (b) Jamia Maajid, Sulalman Park, Melgium Pura, Lahore, Pakistan; (c) Office Dha’rbi-M’unin, Opposite Khyber Bank, Abbottabad Road, Mansehra, Pakistan; (d) Office Dha’rbi-M’unin ZR Brothers, Katcherry Road, Chowk Yadgaar, Peshawar, Pakistan; (e) Office Dha’rbi-M’unin, Rm No. 3, Moti Plaza, Near Liaquat Bagh, Muree Road, Rawalpindi, Pakistan; (f) Office Dha’rbi-M’unin, Top Floor, Dr. Dawa Khan Dental Clinic Surgeon, Main Baxae, Mingora, Swat, Pakistan; (g) Kitab Ghar, Darul Ifta Wal Irshad, Nazimabad No 4, Karachi, Pakistan (Tel. (a) 668 33 01; (b) 0300- 820 91 99, Fax 662 38 14); (h) 302b-40, Good Earth Court, Opposite Pia Planitarium, Block 13a, Gulshan -I Igbal, Karachi, Pakistan (Tel. 497 92 63); (i) 617 Clifton Center, Block 5, 6th Floor, Clifton, Karachi, Pakistan (Tel. 587 25 45); (j) 605 Landmark Plaza, 11 Chundrigar Road, Opposite Jang Building, Karachi, Pakistan (Tel. 262 38 18-19); (k) Jamia Masjid, Sulaiman Park, Begum Pura, Lahore, Pakistan (Tel. 042-681 20 81). Other information: (a) Reportedly defunct; (b) Headquarters were in Pakistan; (c) Operations in Afghanistan: Herat, Jalalabad, Kabul, Kandahar, Mazar, Sherif, also operations in Kosovo, Chechnya; (d) Until 21.10.2008 the UN list included the entries ‘Al Rashid Trust’ (listed on 6.10.2001) and ‘Aid Organization of the Ulema, Pakistan’ (listed on 24.4.2002 and amended on 25.7.2006); The two entries were consolidated into this entity on 21 October 2008; (e) Founded by Mufti Rashid Ahmad Ledahyanoy; (f) Associated with Jaish-i-Mohammed, (g) Banned in Pakistan since October 2001; (h) No indication of any activity under the name of Al-Rashid Trust has emerged as of November 2023. Date of designation referred to in Article 7d(2)(i): 6.10.2001.

— Al-Itihaad Al-Islamiya/AIAI (alias AIAI). Other information: Reported to have operated in Somalia and Ethiopia. Date of designation referred to in Article 2a (4) (b): 6.10.2001.

— Egyptian Islamic Jihad (alias (a) Egyptian Al-Jihad; (b) Jihad Group, (c) New Jihad, (d) Al-Jihad, (e) Egyptian Islamic Movement. Other information: Co-founded by Aiman Muhammed Rabi al-Zawahiri, who was also its military leader. Date of designation referred to in Article 2a (4) (b): 6.10.2001.

— Ansar al-Islam (alias (a) Devotees of Islam, (b) Jund al-Islam, (c) Soldiers of Islam, (d) Kurdistan Supporters of Islam, (e) Supporters of Islam in Kurdistan, (f) Followers of Islam in Kurdistan, (g) Kurdish Taliban, (h) Soldiers of God, (i) Ansar al-Sunna Army, (j) Jaish Ansar al-Sunna, (k) Ansar al-Sunna). Other information: (a) The founder is Najmuddin Faraj Ahmad; (b) Associated with Al-Qaida in Iraq; (c) Located and primarily active in northern Iraq but maintains a presence in western and central Iraq. Date of designation referred to in Article 2a(4)(b): 24.2.2003.

— Armed Islamic Group (alias (a) Al Jamm'ah Al Islamiah Al-Musallah, (b) GIA, (c) Groupe Islamique Armé). Other information: Located in Algeria. Date of designation referred to in Article 2a (4) (b): 6.10.2001.

— Asbat al-Ansar. Address: Ein el-Hilweh camp, Lebanon. Other information: (a) Active in northern Iraq; (b) Associated with Al-Qaida in Iraq. Date of designation referred to in Article 2a (4) (b): 6.10.2001.

— Benevolence International Foundation (alias: (a) Al Bir Al Dawalia, (b) BIF, (c) BIF-USA, (d) Mezhdunarodnyj Blagotvoritel'nyl Fond). Address: (a) 8820 Mobile Avenue, IA, Oak Lawn, Illinois, 60453, United States of America, (b) P.O. Box 548, Worth, Illinois, 60482, United States of America, (c) 9838 S. Roberts Road, Suite 1W, Palos Hills, Illinois, 60465, United States of America (Formerly located at), (d) 20-24 Branford Place, Suite 705, Newark, New Jersey, 07102, United States of America (Formerly located at), (e) P.O. Box 1937, Khartoum, Sudan, (f) Bangladesh, (g) (Gaza Strip), (h) Yemen. Other information: (a) Reportedly defunct. No longer operates in Bosnia and Herzegovina, (b) Employer Identification Number (United States of America): 36-3823186. Date of designation referred to in Article 7d(2)(i): 21.11.2002.

— Eastern Turkistan Islamic Movement (ETIM) (alias (a) The Eastern Turkistan Islamic Party, (b) The Eastern Turkistan Islamic Party of Allah, (c) Islamic Party of Turkestan (d) Djamaat Turkistan, (e) ETIM). Other information: Active in China, South Asia and Central Asia. Date of designation referred to in Article 2a (4) (b): 11.9.2002.

— Global Relief Foundation (GRF) Address: (a) 9935 South 76th Avenue, Unit 1, Bridgeview, Illinois 60455, U.S.A.; (b) PO Box 1406, Bridgeview, Illinois 60455, U.S.A. Other information: (a) Other foreign locations: Afghanistan, Bangladesh, Eritrea, Ethiopia, Georgia, India, Iraq, West Bank and Gaza, Somalia and Syria; (b) U.S. Federal Employer Identification: 36-3804626. Date of designation referred to in Article 2a(4)(b): 22.10.2002.