LegalizeCouncil Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96
Article 1
For the purpose of this Regulation, the following definitions shall apply:
‘Sanctions Committee’ means: the Committee of the Security Council of the United Nations which was established pursuant to paragraph 6 of Resolution 661 (1990);
‘funds’ means financial assets and economic benefits of every kind, including but not limited to:
(a) cash, cheques, claims on money, drafts, money orders and other payment instruments; (b) deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; (c) publicly- and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts; (d) interest, dividends or other income on or value accruing from or generated by assets; (e) credit, right of set-off, guarantees, performance bonds or other financial commitments; (f) letters of credit, bills of lading, bills of sale; (g) documents evidencing an interest in funds or financial resources, (h) any other instrument of export-financing;
‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but can be used to obtain funds, goods or services;
‘freezing of funds’ means preventing any move, transfer, alteration, use of or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the use of the funds, including portfolio management;
‘freezing of economic resources’ means preventing their use to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them;
‘Development Fund for Iraq’ means the Development Fund for Iraq held by the Central Bank of Iraq.
Article 2
All proceeds from all export sales of petroleum, petroleum products and natural gas from Iraq, as listed in Annex I, as of 22 May 2003 shall be deposited into the Development Fund for Iraq under the conditions set out in UNSC Resolution 1483 (2003) and in particular paragraphs 20 and 21 thereof.
Article 3
The following shall be prohibited:
(a) the import of or the introduction into the territory of the Community of,
(b) the export of or removal from the territory of the Community of, and
(c) the dealing in, Iraqi cultural property and other items of archaeological, historical, cultural, rare scientific and religious importance including those items listed in Annex II, if they have been illegally removed from locations in Iraq, in particular, if: (i) the items form an integral part of either the public collections listed in the inventories of Iraqi museums, archives or libraries' conservation collection, or the inventories of Iraqi religious institutions, or (ii) there exists reasonable suspicion that the goods have been removed from Iraq without the consent of their legitimate owner or have been removed in breach of Iraq's laws and regulations.
These prohibitions shall not apply if it is shown that either:
(a) the cultural items were exported from Iraq prior to 6 August 1990; or
(b) the cultural items are being returned to Iraqi institutions in accordance with the objective of safe return as set out in paragraph 7 of UNSC Resolution 1483 (2003).
Article 4
All funds and economic resources belonging to, or owned or held by the following persons, identified by the Sanctions Committee and listed in Annex IV, shall be frozen:
(a) former President Saddam Hussein;
(b) senior officials of his regime;
(c) immediate members of their families; or
(d) legal persons, bodies or entities owned or controlled directly or indirectly by the persons referred to in (a), (b) and (c) or by any natural or legal person acting on their behalf or at their direction.
Paragraphs 1, 2 and 3 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
(f) appropriate other actors as determined by the Sanctions Committee.
Article 4a
The prohibition set out in Article 4(3) shall not give rise to liability of any kind on the part of the natural or legal persons or entities concerned, if they did not know, and had no reasonable cause to suspect, that their actions would infringe this prohibition.
Article 5
By way of derogation from Article 4(3), the competent authorities, as indicated on the websites listed in Annex V, may authorise the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources concerned are:
(a) necessary to satisfy the basic needs of natural or legal persons, entities or bodies listed in Annex IV, and dependent family members of such natural persons, 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 relevant competent authority has notified the grounds on which it considers that a specific authorisation should be granted to the competent authorities of the other Member States and to the Commission at least two weeks prior to authorisation.
Article 6
By way of derogation from Article 4, the competent authorities indicated in the websites listed in Annex V, may authorise the release of frozen funds or economic resources, if all of the following conditions are met:
(a) the funds or economic resources are the subject of a judicial, administrative or arbitral lien established prior to 22 May 2003 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) satisfying the claim is not in breach of Regulation (EEC) No 3541/92; and
(d) recognising the lien or judgment is not contrary to public policy in the Member State concerned.
Article 7
Article 8
Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy and to the provisions of Article 284 of the Treaty, natural and legal persons, entities and bodies shall:
(a) provide immediately any information which would facilitate compliance with this Regulation, such as accounts and amounts frozen in accordance with Article 4, to the competent authorities indicated in the websites listed in Annex V, in the Member State where they are resident or located, and, directly or through these competent authorities, to the Commission;
(b) cooperate with the competent authorities indicated in the websites listed in Annex V, in any verification of this information.
Article 9
The freezing of funds and economic resources, carried out in good faith 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 or entity implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen as result of negligence.
Article 10
The following shall be immune from legal proceedings and shall not be subjected to any form of attachment, garnishment or execution:
(a) petroleum, petroleum products and natural gas originating in Iraq, until title to such goods has been passed to a purchaser;
(b) proceeds and obligations arising from the sale of petroleum, petroleum products and natural gas originating in Iraq, including payments for such goods deposited into the Development Fund for Iraq held by the Central Bank of Iraq;
(c) funds and economic resources frozen pursuant to Article 4;
(d) the Development Fund for Iraq held by the Central Bank of Iraq.
Article 11
The Commission shall be empowered to:
(a) amend Annex II as necessary;
(b) amend or supplement Annexes III and IV on the basis of determinations made by either the United Nations Security Council or the Sanctions Committee; and
(c) amend Annex V on the basis of information supplied by Member States.
Article 12
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 Sanctions Committee for the purpose of the effective implementation of this Regulation.
Article 13
The Commission and the Member States shall immediately inform each other of any measures taken pursuant to this Regulation. They shall supply each other with relevant information at their disposal in connection with this Regulation, in particular information received in accordance with Article 8 and information relating to breaches of the provisions of this Regulation, enforcement problems and judgements handed down by national courts.
Article 14
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 15
Article 15a
Article 16
This Regulation shall apply:
(a) within the territory of the Community, including its airspace;
(b) on board any aircraft or any vessel under the jurisdiction of a Member State;
(c) to any person inside or outside the territory of the Community 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; and
(e) to any legal person, entity or body in respect of any business done in whole or in part within the Community.
Article 17
Regulation (EC) No 2465/96 is hereby repealed.
Article 18
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
| CN code | Product description |
|---|---|
| 2709 00 | Petroleum oils and oils obtained from bituminous minerals, crude |
| 2710 | Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 % or more or petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations |
| 2711 | Petroleum gases and other gaseous hydrocarbons |
| 2712 10 | Petroleum jelly |
| 2712 20 00 | Paraffin wax containing by weight less than 0,75 % of oil |
| ex 2712 90 | ‘Slack wax’, ‘scale wax’ |
| 2713 | Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous minerals |
| 2714 | Bitumen and asphalt, natural; bituminous or oil shale and tar sands; asphaltites and asphaltic rocks |
| 2715 00 00 | Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch (for example, bituminous mastics, cutbacks) |
| 2901 | Acyclic hydrocarbons |
| 2902 11 00 | Cyclohexane |
| 2902 20 00 | Benzene |
| 2902 30 00 | Toluene |
| 2902 41 00 | o-Xylene |
| 2902 42 00 | m-Xylene |
| 2902 43 00 | p-Xylene |
| 2902 44 | Mixed xylene isomers |
| 2902 50 00 | Styrene |
| 2902 60 00 | Ethylbenzene |
| 2902 70 00 | Cumene |
| 2905 11 00 | Methanol (methyl alcohol) |
| 3403 19 10 | Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations containing, as basic constituents, 70 % or more by weight of petroleum oils or of oils obtained from bituminous minerals but not as the basic constituent |
| 3811 21 00 | Additives for lubricating oils containing petroleum oils or oils obtained from bituminous minerals |
| 3824 90 10 | Petroleum sulphonates, excluding petroleum sulphonated of alkali metals, of ammonium or of ethanolamines; thiophenated sulphonic acids of oils obtained from bituminous minerals, and their salts |
ANNEX II
| ex CN code | Product description |
|---|---|
| 9705 00 00 9706 00 00 | 1. Archaeological objects more than 100 years old which are the products of: — excavations and finds on land or under water — archaeological sites — archaeological collections |
| 9705 00 00 9706 00 00 | 2. Elements forming an integral part of artistic, historical or religious monuments which have been dismembered, of an age exceeding 100 years |
| 9701 | 3. Pictures and paintings, other than those included in category 3A or 4, executed entirely by hand in any medium and on any material, which are more than 50 years old and do not belong to their originators |
| 9701 | 3A. Water-colours, gouaches and pastels executed entirely by hand on any material, which are more than 50 years old and do not belong to their originators |
| 6914 9701 | 4. Mosaics in any material executed entirely by hand, other than those falling in categories 1 or 2, and drawings in any medium executed entirely by hand on any material, which are more than 50 years old and do not belong to their originators |
| Chapter 49 9702 00 00 8442 50 99 | 5. Original engravings, prints, serigraphs and lithographs with their respective plates and original posters, which are more than 50 years old and do not belong to their originators |
| 9703 00 00 | 6. Original sculptures or statuary and copies produced by the same process as the original, which are more than 50 years old and do not belong to their originators, excluding those in category 1 |
| 3704 3705 3706 4911 91 80 | 7. Photographs, films and negatives thereof, which are more than 50 years old and do not belong to their originators |
| 9702 00 00 9706 00 00 4901 10 00 4901 99 00 4904 00 00 4905 91 00 4905 99 00 4906 00 00 | 8. Incunabula and manuscripts, including maps and musical scores, singly or in collections, which are more than 50 years old and do not belong to their originators |
| 9705 00 00 9706 00 00 | 9. Books more than 100 years old, singly or in collections |
| 9706 00 00 | 10. Printed maps more than 200 years old |
| 3704 3705 3706 4901 4906 9705 00 00 9706 00 00 | 11. Archives, and any elements thereof, of any kind or any medium which are more than 50 years old |
| 9705 00 00 9705 00 00 | 12. (a) Collections, as defined by the Court of Justice in its judgment in Case 252/84 (1), and specimens from zoological, botanical, mineralogical or anatomical collections; (b) Collections, as defined by the Court of Justice in its judgment in Case 252/84, of historical, palaeontological, ethnographic or numismatic interest |
| 9705 00 00 Chapters 86-89 | 13. Means of transport more than 75 years old |
| 14. Any other antique items not included in categories 1 to 13 | |
| (a) between 50 and 100 years old: | |
| Chapter 95 | — toys, games |
| 7013 | — glassware |
| 7114 | — articles of goldsmiths' or silversmiths' wares |
| Chapter 94 | — furniture |
| Chapter 90 | — optical, photographic or cinematographic apparatus |
| Chapter 92 | — musical instruments |
| Chapter 91 | — clocks and watches and parts thereof |
| Chapter 44 | — articles of wood |
| Chapter 69 | — pottery |
| 5805 00 00 | — tapestries |
| Chapter 57 | — carpets |
| 4814 | — wallpaper |
| Chapter 93 | — arms |
| 9706 00 00 | (b) more than 100 years old |
| (1) Collectors' pieces within the meaning of heading No 97.05 of the Common Customs Tariff are articles which possess the requisite characteristics for inclusion in a collection, that is to say, articles which are relatively rare, are not normally used for their original purpose, are the subject of special transactions outside the normal trade in similar utility articles and are of high value. |
ANNEX III
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