LegalizeCouncil Decision 2010/639/CFSP of 25 October 2010 concerning restrictive measures against certain officials of Belarus
COUNCIL DECISION 2010/639/CFSP
of 25 October 2010
concerning restrictive measures against Belarus
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
- (1) On 10 April 2006, the Council adopted Common Position 2006/276/CFSP concerning restrictive measures against certain officials of Belarus ([^E0001]).
- (2) By Common Position 2009/314/CFSP of 6 April 2009 amending Common Position 2006/276/CFSP ([^E0002]) the restrictive measures were extended until 15 March 2010. However, the travel restrictions imposed on certain leading figures in Belarus, with the exception of those involved in the disappearances which occurred in 1999 and 2000 and of the President of the Central Electoral Commission, were suspended until 15 December 2009.
- (3) On 15 December 2009, the Council adopted Council Decision 2009/969/CFSP ([^E0003]) extending both the restrictive measures and the suspension until 31 October 2010.
- (4) On the basis of a re-examination of Common Position 2006/276/CFSP, the restrictive measures should be renewed until 31 October 2011, whilst the suspension of the travel restrictions, should also be renewed until the same date.
- (5) The Union implementing measures are set out in Regulation (EC) No 765/2006 of 18 May 2006 concerning restrictive measures against President Lukashenko and certain officials of Belarus ([^E0004]),
HAS ADOPTED THIS DECISION:
Article 1
Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of persons, who are responsible:
- (a)for, but failed to start, the initiation of independent investigation and prosecution of the alleged crimes and those who are considered by the Pourgourides Report to be key actors in the disappearances of four well-known persons in Belarus in 1999/2000 and the following cover-up, in view of their apparent obstruction of justice, as listed in Annex I;
- (b)for the fraudulent elections and referendum in Belarus on 17 October 2004 and those who are responsible for severe human rights violations in the repression of peaceful demonstrators in the aftermath of the elections and referendum in Belarus, as listed in Annex II;
- (c)for the violations of international electoral standards in the presidential elections in Belarus on 19 March 2006, and the crackdown on civil society and democratic opposition, as listed in Annex III;
- (d)for the violations of international electoral standards in the presidential elections in Belarus on 19 December 2010, and the crackdown on civil society and democratic opposition, and those persons associated with them, as listed in Annex IIIA;
- (e)for serious violations of human rights or the repression of civil society and democratic opposition in Belarus, as listed in Annex V;
- (f)and persons or entities benefiting from or supporting the Lukashenka regime as listed in Annex V.
Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.
Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:
- (i)as a host country of an international intergovernmental organisation;
- (ii)as a host country to an international conference convened by, or under the auspices of, the United Nations;
- (iii)under a multilateral agreement conferring privileges and immunities; or
- (iv)under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy.
Paragraph 3 shall be considered as applying also in cases where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE).
The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraphs 3 or 4.
Member States may grant exemptions from the measures imposed in paragraph 1 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted by the Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in Belarus.
A Member State wishing to grant exemptions referred to in paragraph 6 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the Council members raises an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more of the Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.
In cases where pursuant to paragraphs 3, 4, 6 and 7, a Member State authorises the entry into, or transit through, its territory of persons listed in Annexes I, II and III, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.
Article 2
All funds and economic resources belonging to, owned, held or controlled by persons who are responsible:
- (a)for the violations of international electoral standards in the Presidential elections in Belarus on 19 March 2006 and the crackdown on civil society and democratic opposition, and those natural or legal persons, entities or bodies associated with them, as listed in Annex IV;
- (b)for the violations of international electoral standards in the presidential elections in Belarus on 19 December 2010, and the crackdown on civil society and democratic opposition, and those natural or legal persons, entities or bodies associated with them, as listed in Annex IIIA;
- (c)for serious violations of human rights or the repression of civil society and democratic opposition in Belarus, as listed in Annex V;
- (d)and persons or entities benefiting from or supporting the Lukashenka regime, as listed in Annex V;
shall be frozen.
No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of such persons listed in Annexes IIIA, IV and V.
Article 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 the persons listed in Annexes IIIA, IV and V 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 the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;
- (c)intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources; or
- (d)necessary for extraordinary expenses, provided that the competent authority has notified the grounds on which it considers that a specific authorisation should be granted to the other competent authorities and the Commission at least two weeks prior to the authorisation; or
- (e)to be paid into or from an account of a diplomatic mission or consular post or an international organisation enjoying immunities in accordance with international law, in so far as such payments are intended to be used for official purposes of the diplomatic mission or consular post or international organisation.
Member States shall inform the other Member States and the Commission of any authorisation granted under this Article.
Article 2(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 the provisions of Common Position 2006/276/CFSP or this Decision
and provided that any such interest, other earnings and payments continue to be subject to Article 2(1)(a) and (b) of this Decision.
Article 2(1) shall not prevent a listed natural or legal person, entity or body from making a payment due under a contract entered into before the listing of such a natural or legal person, entity or body, provided that the relevant Member State has determined that the payment is not, directly or indirectly, received by a natural or legal person, entity or body referred to in Article 2(1).
Article 3a
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 Belarus 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.
It shall be prohibited to:
- (a)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, Belarus;
- (b)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, Belarus;
- (c)participate, knowingly and intentionally, in activities, the object or effect of which is to circumvent the prohibitions referred to in points (a) or (b).
Article 3b
Article 3a shall not apply to the:
- (a)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 Union, or for EU and UN crisis management operations;
- (b)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 Union and its Member States in Belarus;
- (c)provision of technical assistance, brokering services and other services related to such equipment or to such programmes and operations;
- (d)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.
Article 3a shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Belarus by UN personnel, personnel of the Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.
Article 4
The Council, acting upon a proposal by a Member State or the High Representative of the Union for Foreign Affairs and Security Policy, shall adopt amendments to the lists contained in Annexes I, II, III, IIIA, IV and V as required by political developments in Belarus.
The Council shall communicate its decision, including the grounds for listing, to the person concerned, either directly, if the address is known, or through the publication of a notice, providing such person with an opportunity to present observations.
Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person concerned accordingly.
Article 5
In order to maximise the impact of the abovementioned measures, the Union shall encourage third States to adopt restrictive measures similar to those contained in this Decision.
Article 6
Common Position 2006/276/CFSP is hereby repealed.
Article 7
This Decision shall enter into force on the date of its adoption.
This Decision shall apply until 31 October 2012. It shall be kept under constant review. It may be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.
ANNEX I
List of persons referred to in Article 1(1)(a)
| Names Transcription of Belarusian spelling Transcription of Russian spelling | Names (Belarusian spelling) | Names (Russian spelling) | Place and date of birth | Position | |
|---|---|---|---|---|---|
| 1. | Sheiman, Viktar Uladzimiravich (Sheyman, Viktar Uladzimiravich) Sheiman, Viktor Vladimirovich (Sheyman, Viktor Vladimirovich) | Шэйман Вiктар Уладзiмiравiч | ШЕЙМАН Виктор Владимирович | 26.5.1958, Grodno region | Former Secretary of the Security Council, actually Special Assistant/Aid to the President |
| 2. | Navumau, Uladzimir Uladzimiravich Naumov, Vladimir Vladimirovich | Навумаў Уладзiмiр Уладзiмiравiч | НАУМОВ Владимир Владимирович | 7.2.1956, Smolensk | Former Minister of Interior |
| 3. | Sivakov, Iury (Yurij, Yuri) Leonidovich | Сиваков, Юрий Леонидович | 5.8.1946, Sakhalin Region | Former Minister of Tourism and former Minister of Interior | |
| 4. | Paulichenka, Dzmitry Valerievich Pavlichenko, Dmitri Valerievich (Pavlichenko, Dmitriy Valeriyevich) | Паўлiчэнка Дзмiтрый Валер'евiч | Павличенко, Дмитрий Валериевич | 1966, Vitebsk | Head of the Special Response Group at the ministry of Interior (SOBR). |
ANNEX II
List of persons referred to in Article 1(1)(b)
| Names Transcription of Belarusian spelling Transcription of Russian spelling | Names (Belarusian spelling) | Names (Russian spelling) | Place and date of birth | Position | |
|---|---|---|---|---|---|
| 1. | Iarmoshyna, Lidziia Mikhailauna (Yarmoshyna, Lidzia Mikhailauna; Yarmoshyna, Lidziya Mikhailauna) Ermoshina, Lidiia Mikhailovna (Yermoshina, Lidia Mikhailovna; Yermoshina, Lidiya Mikhailovna) | Ярмошына Лiдзiя Мiхайлаўна | ЕРМОШИНА Лидия Михайловна | 29.1.1953, Slutsk (Minsk Region) | Chairwoman of the Central Election Commission of Belarus (CEC) |
| 2. | Padabed, Iury Mikalaevich (Padabed, Yury Mikalaevich) Podobed, Iuri Nikolaevich (Podobed, Yuri Nikolaevich) | Падабед Юрый Мiкалаевiч | Подобед, Юрий Николаевич | 5.3.1962, Slutsk (Minsk Region) | Unit for Special Purposes, Ministry of Interior. |
ANNEX III
List of persons referred to in Article 1(1)(c)
| Names Transcription of Belarusian spelling Transcription of Russian spelling | Names (Belarusian spelling) | Names (Russian spelling) | Date of birth | Place of birth | Address | Passport number | Position | |
|---|---|---|---|---|---|---|---|---|
| 1. | Lukashenka, Aliaksandr Ryhoravich Lukashenko, Aleksandr Grigorievich | Лукашэнка Аляксандр Рыгоравiч | ЛУКАШЕНКО Александр Григорьевич | 30.8.1954 | Kopys, Vitebsk district | President | ||
| 2. | Niavyhlas, Henadz Mikalaevich Nevyglas, Gennadi Nikolaevich | Нявыглас Генадзь Мiкалаевiч | НЕВЫГЛАС Геннадий Николаевич | 11.2.1954 | Parahonsk, Pinsk district | Former Head of President's Administration | ||
| 3. | Piatkevich, Natallia Uladzimirauna Petkevich, Natalia Vladimirovna (Petkevich, Natalya Vladimirovna) | Пяткевiч Наталля Уладзiмiраўна | ПЕТКЕВИЧ Наталья Владимировна | 24.10.1972 | Minsk | Former Deputy Head of President's Administration | ||
| 4. | Rubinau, Anatol Mikalaevich Rubinov, Anatoli Nikolaevich | Рубiнаў Анатоль Мiкалаевiч | РУБИНОВ Анатолий Николаевич | 4.4.1939 | Mogilev | Chairman of the Upper House of Parliament, Former Deputy Head in charge of Media and Ideology of the Administration of the President | ||
| 5. | Praliaskouski, Aleh Vitoldavich Proleskovski, Oleg Vitoldovich (Proleskovsky, Oleg Vitoldovich) | Праляскоўскi Алег Вiтольдавiч | ПРОЛЕСКОВСКИЙ Олег Витольдович | 1.10.1963 | Zagorsk (Sergijev Posad/ Russia) | Minister of Information | ||
| 6. | Radzkou, Aliaksandr Mikhailavich Radkov, Aleksandr Mikhailovich | Радзькоў Аляксандр Мiхайлавiч | РАДЬКОВ Александр Михайлович | 1.7.1951 | Botnia, Mogilev district | Deputy Head of the Administration of the President | ||
| 7. | Rusakevich, Uladzimir Vasilievich Rusakevich, Vladimir Vasilievich | Русакевiч Уладзiмiр Васiльевiч | РУСАКЕВИЧ Владимир Васильевич | 13.9.1947 | Vygonoshchi, Brest district | Former Minister of Information | ||
| 8. | Halavanau, Viktar Ryhoravich Golovanov, Viktor Grigorievich | Галаванаў Вiктар Рыгоравiч | ГОЛОВАНОВ Виктор Григорьевич | 1952 | Borisov | Minister of Justice | ||
| 9. | Zimouski Aliaksandr Leanidavich Zimovski, Aleksandr Leonidovich | Зiмоўскi Аляксандр Леанiдавiч | ЗИМОВСКИЙ Александр Леонидович | 10.1.1961 | Germany | Former President of the State television | ||
| 10. | Kanapliou, Uladzimir Mikalaevich Konoplev, Vladimir Nikolaevich | Канаплёў Уладзiмiр Мiкалаевiч | КОНОПЛЕВ Владимир Николаевич | 3.1.1954 | Akulintsi, Mogilev district | Former Chairman of the Lower House of the Parliament | ||
| 11. | Charhinets, Mikalai Ivanavich Cherginets, Nikolai Ivanovich | Чаргiнец Мiкалай Iванавiч | ЧЕРГИНЕЦ Николай Иванович | 17.10.1937 | Minsk | Chairman of the Foreign Affairs Committee of the Upper House | ||
| 12. | Kastsian, Siarhei Ivanavich Kostian, Sergei Ivanovich (Kostyan, Sergey Ivanovich) | Касцян Сяргей Iванавiч | КОСТЯН Сергей Иванович | 15.1.1941 | Usokhi, Mogilev district | Chairman of the Foreign Affairs Committee of the Lower House | ||
| 13. | Orda, Mikhail Siarheevich Orda, Mikhail Sergeievich | Орда Мiхаiл Сяргеевiч | ОРДА Михаил Сергеевич | 28.9.1966 | Diatlovo, Grodno district, Дятлово Гродненской области | Member of the Upper House, former leader of BRSM | ||
| 14. | Lazavik, Mikalai Ivanavich Lozovik, Nikolai Ivanovich | Лазавiк Мiкалай Iванавiч | ЛОЗОВИК Николай Иванович | 18.1.1951 | Nevinyany, Minsk district, Невиняны Вилейского р-на Минской обл | Secretary, CEC | ||
| 15. | Miklashevich, Piotr Piatrovich Miklashevich, Petr Petrovich | Мiклашэвiч Пётр Пятровiч | МИКЛАШЕВИЧ Петр Петрович | 1954 | Kosuta, Minsk District | Prosecutor General | ||
| 16. | Slizheuski, Aleh Leanidavich Slizhevski, Oleg Leonidovich | Слiжэўскi Алег Леанiдавiч | СЛИЖЕВСКИЙ Олег Леонидович | Member, CEC | ||||
| 17. | Kharyton, Aliaksandr Khariton, Aleksandr | Харытон Аляксандр | ХАРИТОН Александр | Consultant of the Division of Social Organisations, Parties and NGOs of the Ministry of Justice | ||||
| 18. | Smirnou, Iauhen Aliaksandravich (Smirnou, Yauhen Aliaksandravich) Smirnov, Evgeni Aleksandrovich (Smirnov, Yevgeni Aleksandrovich) | Смiрноў Яўген Аляксандравiч | CМИРНОВ Евгений Александрович | 15.3.1949 | Riazan district, Russia | First Deputy of the Chairman of the Economic Court | ||
| 19. | Ravutskaia, Nadzeia Zalauna (Ravutskaya, Nadzeya Zalauna) Reutskaia, Nadezhda Zalovna (Reutskaya, Nadezhda Zalovna) | Равуцкая Надзея Залаўна | РЕУТСКАЯ Надежда Заловна | Judge of the Moscow district of Minsk | ||||
| 20. | Trubnikau, Mikalai Aliakseevich Trubnikov, Nikolai Alekseevich | Трубнiкаў Мiкалай Аляксеевiч | ТРУБНИКОВ Николай Алексеевич | Judge of the Partizanski district of Minsk | ||||
| 21. | Kupryianau, Mikalai Mikhailavich Kupriianov, Nikolai Mikhailovich (Kuprianov, Nikolai Mikhailovich; Kupriyanov, Nikolai Mikhailovich) | Купрыянаў Мiкалай Мiхайлавiч | КУПРИЯНОВ Николай Михайлович | Former Deputy Prosecutor General | ||||
| 22. | Sukharenka, Stsiapan Mikalaevich Sukhorenko, Stepan Nikolaevich | Сухарэнка Сцяпан Мiкалаевiч | СУХОРЕНКО Степан Николаевич | 27.1.1957 | Zdudichi, Gomel district | Former Chairman of KGB | ||
| 23. | Dzemiantsei, Vasil Ivanavich (Dzemyantsey, Vasil Ivanovich) Dementei, Vasili Ivanovich (Dementey, Vasili Ivanovich) | Дземянцей Васiль Iванавiч | ДЕМЕНТЕЙ Василий Иванович | First deputy, KGB | ||||
| 24. | Kozik, Leanid Piatrovich Kozik, Leonid Petrovich | Козiк Леанiд Пятровiч | КОЗИК Леонид Петрович | 13.7.1948 | Borisov | Head of the Federation of Trade Unions | ||
| 25. | Kaliada, Aliaksandr Mikhailavich Koleda, Aleksandr Mikhailovich | Каляда Аляксандр Мiхайлавiч | КОЛЕДА Александр Михайлович | Member, Central Election Committee (CEC) | ||||
| 26. | Mikhasiou, Uladzimir Ilich Mikhasev, Vladimir Ilich | Мiхасёў Уладзiмiр Iльiч | МИХАСЕВ Владимир Ильич | Former Сhairman of the Regional Election Committee (REC) of the Gomel district | ||||
| 27. | Luchyna, Leanid Aliaksandravich Luchina, Leonid Aleksandrovich | Лучына Леанiд Аляксандравiч | ЛУЧИНА Леонид Александрович | 18.11.1947 | Minsk district | Former Сhairman of the REC of the Grodno district | ||
| 28. | Karpenka, Ihar Vasilievich Karpenko, Igor Vasilievich | Карпенка Iгар Васiльевiч | КАРПЕНКО Игорь Васильевич | 28.4.1964 | Novokuznetsk, Russia | Head of Regional Election Commission (REC), Minsk City | ||
| 29. | Kurlovich, Uladzimir Anatolievich Kurlovich, Vladimir Anatolievich | Курловiч Уладзiмiр Анатольевiч | КУРЛОВИЧ Владимир Анатольевич | Former Сhairman of the REC of the Minsk district | ||||
| 30. | Miatselitsa, Mikalai Tsimafeevich Metelitsa, Nikolai Timofeevich | Мяцелiца Мiкалай Цiмафеевiч | МЕТЕЛИЦА Николай Тимофеевич | Former Сhairman of the REC of the Mogilev district | ||||
| 31. | Rybakou, Aliaksei (Rybakov, Aliaksey) Rybakov, Aleksei (Rybakov, Alexey) | Рыбакоў Аляксей | РЫБАКОВ Алексей | Ul. Yesenina 31-1-104, Minsk | Judge of the Minsk Moskovski District Court | |||
| 32. | Bortnik, Siarhei Aliaksandrovich (Bortnik, Siarhey Aliaksandrovich) Bortnik, Sergei Aleksandrovich (Bortnik, Sergey Aleksandrovich) | Бортнiк Сяргей Аляксандравiч | БОРТНИК Сергей Александрович | 28.5.1953 | Minsk | Ul. Surganova 80-263, Minsk | MP0469554 | Public Prosecutor |
| 33. | Iasianovich, Leanid Stanislavavich (Yasianovich, Leanid Stanislavavich) Iasenovich, Leonid Stanislavovich (Yasenovich, Leonid Stanislavovich) | Ясяновiч Леанiд Станiслававiч | ЯСЕНОВИЧ Леонид Станиславович | 26.11.1961 | Buchani, Vitebsk district | Ul. Gorovtsa 4-104, Minsk | MP0515811 | Judge of the Minsk Central District Court |
| 34. | Mihun, Andrei Arkadzevich (Mihun, Andrey Arkadzevich) Migun, Andrei Arkadievich (Migun, Andrey Arkadievich) | Мiгун Андрэй Аркадзевiч | МИГУН Андрей Аркадевич | 5.2.1978 | Minsk | UI. Goretskovo Maksima 53-16, Minsk | MP1313262 | Public Prosecutor. |
ANNEX IIIA
List of persons referred to in Articles 1(1)(d) and 2(1)(b)
A. Persons
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