LegalizeCouncil Regulation (EC) No 147/2003 of 27 January 2003 concerning certain restrictive measures in respect of Somalia
Article 1
It shall be prohibited:
(a) to provide financing or financial assistance related to military activities, for any sale, supply, transfer or export of goods and technology included in the Common Military List of the European Union (1), directly or indirectly to any person, entity or body in Somalia;
(b) to provide technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union, directly or indirectly, to any person, entity or body in Somalia.
Article 1a
For the purposes of this Regulation, the following definitions apply:
(a) ‘technical assistance’ means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services; including verbal forms of assistance;
(b) ‘financing or financial assistance’ means any action, irrespective of the particular means chosen, whereby the person, entity or body concerned, conditionally or unconditionally, disburses or commits to disburse its own funds or economic resources, including but not limited to grants, loans, guarantees, suretyships, bonds, letters of credit, supplier credits, buyer credits, import or export advances and all types of insurance and reinsurance, including export credit insurance. Payment as well as terms and conditions of payment of the agreed price for a good or a service, made in line with normal business practice, do not constitute financing or financial assistance;
(c) ‘Sanctions Committee’ means the UN Security Council Committee pursuant to resolution 2713 (2023) concerning Al-Shabaab;
(d) ‘territory of the Union’ means the territories of the Member States to which the Treaty on the Functioning of the European Union is applicable, under the conditions laid down in that Treaty, including their airspace.
Article 2
The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to promote the transactions referred to in Article 1 shall be prohibited.
Article 3
Article 1 shall not apply to the provision of financing or financial assistance related to military activities, for any sale, supply, transfer or export of, or technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union intended solely for the support of, or use by:
(a) the Government of the Federal Republic of Somalia (GFRS), the Somali National Army (SNA), the National Intelligence and Security Agency (NISA), the Somali National Police Force (SNPF) or the Somali Custodial Corps;
(b) United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM) and the United Nations Support Office in Somalia (UNSOS);
(c) the African Union Transition Mission in Somalia (ATMIS) and its Troop- and Police-Contributing Countries, as well as its strategic partners, operating solely under the latest African Union Strategic Concept of Operations, and in cooperation and coordination with ATMIS;
(d) the European Union training and support activities, Türkiye, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, as well as any other State forces, with a status of forces agreement or a memorandum of understanding with the GFRS, provided they inform the Sanctions Committee about the existence of such agreements.
By way of derogation from Article 1, the competent authorities of the Member States may authorise the provision of financing or financial assistance related to military activities, for any sale, supply, transfer or export of, or technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union intended solely for the support of, or use by, Somalia’s Federal Member States and regional governments or to licenced private security companies operating in Somalia provided that the following conditions are met:
(a) in relation to goods and technology included in Annex IV, the Sanctions Committee has received a notification from the GFRS and has not objected to that course of action within five working days;
(b) in relation to goods and technology included in Annex V, the Sanctions Committee has received a prior notification from the GFRS for information purposes five working days in advance.
Notifications under paragraph 2, points (a) and (b), of this Article shall include:
(a) details of the manufacturer and supplier of the weapons, ammunition and military equipment, including the type, the lot or batch and serial numbers;
(b) a description of the arms and ammunition including the type, calibre and quantity;
(c) the proposed date and place of delivery; and
(d) all relevant information concerning the intended destination unit, or the intended place of storage.
Article 1 shall not apply to the provision of financing or financial assistance or technical assistance related to:
(a) the sale, supply, transfer or export of protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by United Nations personnel, representatives of the media, private security contractors or humanitarian and development workers and associated personnel for their personal use only;
(b) the sale, supply, transfer or export of non-lethal military equipment by Member States, or international, regional or subregional organisations intended solely for humanitarian or protective use;
(c) the entry into Somali ports for temporary visits of vessels carrying weapons or military equipment for defensive purposes, provided that such items remain at all times aboard those vessels.
Article 3a
Article 3b
It shall be prohibited:
(a) to import charcoal into the Union if it: (i) originates in Somalia; or (ii) has been exported from Somalia;
(b) to purchase charcoal which is located in or which originated in Somalia;
(c) to transport charcoal if it originates in Somalia, or is being exported from Somalia to any other country;
(d) to provide, directly or indirectly, financing or financial assistance, as well as insurance and re-insurance related to the import, transport or purchase of charcoal from Somalia referred to in points (a), (b) and (c); and
(e) to participate knowingly and intentionally, in activities whose object or effect is, directly or indirectly, to circumvent the prohibition in points (a), (b), (c) and (d).
Article 3c
Notifications pursuant to paragraph 3 shall contain all relevant information, including:
(a) the purpose of the use of the item(s);
(b) the end user;
(c) technical specifications;
(d) the quantity of the item(s); and
(e) the intended storage location of the item(s).
Article 4
Without prejudice to the rights and obligations of the Member States under the Charter of the United Nations, the Commission shall maintain all necessary contacts with the Security Council Committee mentioned in Article 3(1) for the purpose of the effective implementation of this Regulation.
Article 5
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 in respect of violation and enforcement problems and judgments handed down by national courts.
Article 6
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 6a
The Commission shall amend Annex I on the basis of information supplied by Member States.
Article 7
Pending the adoption, where necessary, of any legislation to this end, the sanctions to be imposed where the provisions of this Regulation are infringed shall, where relevant, be those determined by the Member States in order to give effect to Article 7 of Council Regulation (EC) No 1318/2002 of 22 July 2002 concerning certain restrictive measures in respect of Liberia (5).
Article 7a
Article 8
This Regulation shall apply
— within the territory of the Community, including its airspace,
— on board any aircraft or any vessel under the jurisdiction of a Member State,
— to any person elsewhere who is a national of a Member State, and
— to any legal person, entity or body which is incorporated or constituted under the law of a Member State.
Article 9
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Websites for information on the competent authorities and address for notifications to the European Commission
BELGIUM
https://diplomatie.belgium.be/en/policy/policy_areas/peace_and_security/sanctions
BULGARIA
https://www.mfa.bg/en/EU-sanctions
CZECHIA
www.financnianalytickyurad.cz/mezinarodni-sankce.html
DENMARK
https://um.dk/udenrigspolitik/sanktioner/ansvarlige-myndigheder
GERMANY
https://www.bmwi.de/Redaktion/DE/Artikel/Aussenwirtschaft/embargos-aussenwirtschaftsrecht.html
ESTONIA
https://vm.ee/sanktsioonid-ekspordi-ja-relvastuskontroll/rahvusvahelised-sanktsioonid
IRELAND
https://www.dfa.ie/our-role-policies/ireland-in-the-eu/eu-restrictive-measures/
GREECE
http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html
SPAIN
https://www.exteriores.gob.es/es/PoliticaExterior/Paginas/SancionesInternacionales.aspx
FRANCE
http://www.diplomatie.gouv.fr/fr/autorites-sanctions/
CROATIA
https://mvep.gov.hr/vanjska-politika/medjunarodne-mjere-ogranicavanja/22955
ITALY
CYPRUS
LATVIA
LITHUANIA
LUXEMBOURG
HUNGARY
https://kormany.hu/kulgazdasagi-es-kulugyminiszterium/ensz-eu-szankcios-tajekoztato
MALTA
NETHERLANDS
https://www.rijksoverheid.nl/onderwerpen/internationale-sancties
AUSTRIA
https://www.bmeia.gv.at/themen/aussenpolitik/europa/eu-sanktionen-nationale-behoerden/
POLAND
https://www.gov.pl/web/dyplomacja/sankcje-miedzynarodowe
https://www.gov.pl/web/diplomacy/international-sanctions
PORTUGAL
https://portaldiplomatico.mne.gov.pt/politica-externa/medidas-restritivas
ROMANIA
SLOVENIA
http://www.mzz.gov.si/si/omejevalni_ukrepi
SLOVAKIA
https://www.mzv.sk/europske_zalezitosti/europske_politiky-sankcie_eu
FINLAND
SWEDEN
https://www.regeringen.se/sanktioner
Address for notifications to the European Commission:
European Commission
Directorate-General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA)
Rue de Spa 2/Spastraat 2
B-1049 Bruxelles/Brussel,
E-mail: relex-sanctions@ec.europa.eu
ANNEX II
| HS Code | Description |
|---|---|
| 4402 | Wood charcoal (including shell or nut charcoal), whether or not agglomerated |
ANNEX III
List of items referred to in Article 3c
Equipment and devices, not specified by item 3 in Annex IV to Council Decision 2010/231/CFSP (6), that are specially designed to initiate explosives by electrical or non-electrical means (e.g. firing sets, detonators, igniters, detonating chord).
‘Technology’‘required’ for the ‘production’ or ‘use’ of the items listed at paragraphs 1 and 3. (The definitions of the terms ‘technology’, ‘required’, ‘production’ and ‘use’ are from the Common Military List of the European Union (7))
Explosive materials and precursors, as follows, and mixtures containing one or more thereof:
Name of the substance Chemical Abstracts Service Registry number (CAS RN) Combined Nomenclature (CN) code (1) Nitroglycerin (except when packaged/prepared in individual medicinal doses) unless compounded or mixed with the ‘energetic material’ specified by ML8.a. or powdered metals specified by ML8.c. of the EU Common Military List 55-63-0 ex 2920 90 70 Nitric acid 7697-37-2 ex 28 08 Sulphuric acid 7664-93-9 ex 28 07 (1) The nomenclature codes are taken from the Combined Nomenclature as defined in Article 1(2) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1) and as set out in Annex I thereto, which are valid at the time of publication of this Regulation and mutatis mutandis as amended by subsequent legislation.
ANNEX IV
List of items referred to in Article 3(2), point (a)
Surface to air missiles, including Man-Portable Air-Defence Systems (MANPADS).
Weapons with a calibre greater than 12,7 mm, and components specially designed for them, and associated ammunition. (This does not include shoulder fired anti-tank rocket launchers such as RPGs (rocket propelled grenades) or LAWs (light anti-tank weapon), recoilless rifles, rifle grenades, or grenade launchers.)
Mortars with a calibre greater than 82 mm and associated ammunition.
Anti-tank guided weapons, including Anti-tank Guided Missiles (ATGMs) and ammunition and components specially designed for those items.
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