Council Regulation (EU) No 753/2011 of 1 August 2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan

Article 1

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

(a) ‘funds’ means financial assets and benefits of every kind, including but not limited to: (i) cash, cheques, claims on money, drafts, money orders and other payment instruments; (ii) deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; (iii) publicly- and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts; (iv) interest, dividends or other income on or value accruing from or generated by assets; (v) credit, right of set-off, guarantees, performance bonds or other financial commitments; (vi) letters of credit, bills of lading, bills of sale; (vii) documents evidencing an interest in funds or financial resources;

(b) ‘freezing of funds’ means preventing any move, transfer, alteration, use of, access to, 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 funds to be used, including portfolio management;

(c) ‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but may be used to obtain funds, goods or services;

(d) ‘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;

(e) ‘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;

(f) ‘Sanctions Committee’ means the Committee of the UNSC which was established pursuant to paragraph 30 of UNSC Resolution 1988 (2011);

(g) ‘1267 Committee’ means the Committee of the UNSC which was established pursuant to UNSC Resolutions 1267(1999) and 1333(2000).

(h) ‘grounds for listing’ means the publicly releasable portion of the statement of case as provided by the Sanctions Committee and/or, where applicable, the narrative summary of reasons for listing as provided by the Sanctions Committee; or in the case of a person, group, undertaking or entity listed in Annex I to this Regulation, who was previously listed in Annex I to 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 (¹), the statement of case and/or narrative summary of reasons provided by the 1267 Committee.

(i) ‘territory of the Union’ means the territories of the Member States to which the TFEU is applicable, under the conditions laid down in the TFEU, including their airspace.

Article 2

It shall be prohibited:

(a) to provide, directly or indirectly, technical assistance related to the goods and technology listed in the Common Military List of the European Union (²) (‘Common Military List’), or related to the provision, manufacture, maintenance and use of goods included in that list, to any person, group, undertaking or entity listed in Annex I;

(b) to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibition in point (a).

Article 3

Article 4

Annex I shall consist of a list of natural or legal persons, groups, undertakings and entities who:

(a) were listed, immediately prior to the date of adoption of UNSC Resolution 1988 (2011), as the Taliban, and other individuals, groups, undertakings and entities associated with them, in section A (‘Individuals associated with the Taliban’) and section B (‘entities and other groups and undertaking associated with the Taliban’) of the Consolidated List of the 1267 Committee; or

(b) have been designated by the Sanctions Committee as being individuals, groups, undertakings and entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan.

Article 5

By way of derogation from Article 3, the competent authorities of the Member States as identified on the websites listed in Annex II, 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 they deem appropriate, after having determined that the funds or economic resources are:

(a) necessary for the basic expenses of persons listed in Annex I and their dependent family members, including payments for foodstuffs, rent or mortgages, 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 routine holding or maintenance of frozen funds or economic resources;

provided that the Member State concerned has notified the Sanctions Committee of such determination and its intention to grant the authorisation, and the Sanctions Committee has not objected to that course of action within three working days of notification.

The competent authority listed in Annex II shall promptly notify both the person, group, undertaking or entity that made the request, and any other person, group, undertaking or entity known to be directly concerned, in writing, of whether the request has been granted.

The relevant Member State shall also inform other Member States and the Commission whether the request for such an exemption has been granted.

Article 6

Article 3 (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 before the date on which the account became subject to this Regulation, or, in the case of persons, groups, undertakings or entities listed in Annex I to this Regulation who were previously listed in Annex I to Regulation (EC) No 881/2002, the date on which they were first subject to Regulation (EC) No 337/2000 (³), Regulation (EC) No 467/2001 (⁴), or Regulation (EC) No 881/2002.

provided that any such interest, other earnings and payments are frozen in accordance with Article 3(1).

Article 7

Article 8

Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, natural and legal persons, entities and bodies shall:

(a) supply immediately any information which would facilitate compliance with this Regulation, such as accounts and amounts frozen in accordance with Article 3, to the competent authority in the Member State where they are resident or located, as indicated on the websites listed in Annex II, and shall transmit such information, either directly or through the Member States, to the Commission; and

(b) cooperate with that competent authority in any verification of that information.

Article 9

The Member States and the Commission shall immediately inform each other of the measures taken under this Regulation and shall supply each other with any other 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 10

The Commission shall be empowered to amend Annex II on the basis of information supplied by Member States.

Article 11

Article 12

Article 13

Where there is, in this Regulation, a requirement to notify, inform or otherwise communicate with the Commission, the address and other contact details to be used for such communication shall be those indicated in Annex II.

Article 14

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 person inside or outside the territory of the Union who is a national of a Member State;

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

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

Article 15

This Regulation shall enter into force on the day 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 NATURAL AND LEGAL PERSONS, GROUPS, UNDERTAKINGS AND ENTITIES REFERRED TO IN ARTICLE 4

A. Individuals associated with the Taliban

(1) Abdul Baqi Basir Awal Shah (alias Abdul Baqi).

Title: (a) Maulavi, (b) Mullah. Grounds for listing: (a) Governor of Khost and Paktika provinces under the Taliban regime, (b) Vice-Minister of Information and Culture under the Taliban regime, (c) Consulate Department, Ministry of Foreign Affairs under the Taliban regime. Date of birth: Between 1960 and 1962 (Approximately). Place of birth: (a) Jalalabad City, Nangarhar Province, Afghanistan, (b) Shinwar District, Nangarhar Province, Afghanistan. Nationality: Afghan. Date of UN designation: 23.2.2001.

Other information: (a) Believed to be in Afghanistan/Pakistan border area; (b) Taliban member responsible for Nangarhar Province as at 2008. Review pursuant to Security Council Resolution 1822 (2008) was concluded on 1 Jun. 2010. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/1493921

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Abdul Baqi initially served as the Governor of the provinces of Khost and Paktika for the Taliban regime. He was subsequently appointed Vice-Minister of Information and Culture. He also served in the Consular Department of the Ministry of Foreign Affairs of the Taliban regime.

During 2003, Abdul Baqi was involved in anti-government military activities in the Shinwar, Achin, Naziyan and Dur Baba Districts of the Nangarhar Province. As of 2009 he was engaged in organizing militant activities throughout the eastern region, particularly in the Nangarhar Province and Jalalabad City.

(2) Abdul Qadeer Basir Abdul Baseer (alias (a) Abdul Qadir, (b) Ahmad Haji, (c) Abdul Qadir Haqqani, (d) Abdul Qadir Basir).

Title: (a) General, (b) Maulavi. Grounds for listing: Military Attaché, Taliban Embassy, Islamabad, Pakistan. Date of birth: 1964. Place of birth: (a) Surkh Rod District, Nangarhar Province, Afghanistan, (b) Hisarak District, Nangarhar Province, Afghanistan. Nationality: Afghan. Passport No: D 000974 (Afghan passport). Date of UN designation: 25.1.2001.

Other information: Financial advisor to Taliban Peshawar Military Council and Head of Taliban Peshawar Financial Commission. Believed to be in Afghanistan/Pakistan border area. Review pursuant to Security Council Resolution 1822 (2008) was concluded on 21 Jul. 2010. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/1474039

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Abdul Qadeer Abdul Baseer served as a treasurer for the Taliban in Peshawar, Pakistan, as at 2009. He was the financial advisor to the Taliban's Peshawar Military Council and the head of the Taliban's Peshawar Financial Commission as at early 2010. He personally delivers money from the Taliban's leadership shura to Taliban groups throughout Pakistan.

(3) Amir Abdullah (alias Amir Abdullah Sahib).

Grounds for listing: Former Kandahar Province Deputy Taliban Governor. Address: Karachi, Pakistan. Date of birth: Approximately 1972. Place of birth: Paktika Province, Afghanistan. Nationality: Afghan. Date of UN designation: 20.7.2010.

Other information: Has travelled to Kuwait, Saudi Arabia, the Libyan Arab Jamahiriya and the United Arab Emirates to raise funds for the Taliban. Treasurer to Abdul Ghani Baradar Abdul Ahmad Turk. Believed to be in Afghanistan/Pakistan border area. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/1621271

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Amir Abdullah has served as treasurer to senior Taliban leader Abdul Ghani Baradar and was the former deputy to the Taliban governor of Kandahar Province, Afghanistan. Amir Abdullah has travelled to Kuwait, Saudi Arabia, Libya and the United Arab Emirates to raise funds for the Taliban. He has also facilitated communications for Taliban leadership and coordinated high-level meetings at the guesthouse of his residence in Pakistan. Abdullah helped many senior Taliban members who fled Afghanistan in 2001 to settle in Pakistan.

(4) Abdul Manan Mohammad Ishak.

Title: Maulavi. Grounds for listing: (a) First Secretary, Taliban Embassy, Riyadh, Saudi Arabia, (b) Commercial Attaché, Taliban Embassy, Abu Dhabi, United Arab Emirates. Date of birth: Between 1940 and 1941. Place of Birth: Siyachoy village, Panjwai District, Kandahar Province, Afghanistan. Nationality: Afghan. Date of UN designation: 25.1.2001.

Other information: Review pursuant to Security Council Resolution 1822 (2008) was concluded on 27 Jul. 2010. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/4652765

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Abdul Manan Mohammad Ishak was also First Secretary at the Taliban Embassy in Riyadh, Saudi Arabia during the Taliban regime. He later became a senior Taliban commander in Paktia, Paktika and Khost Provinces of eastern Afghanistan. He was also responsible for the movement of Taliban fighters and weapons across the Afghanistan-Pakistan border.

(5) Abdul Rahman Agha.

Title: Maulavi. Grounds for listing: Chief Justice of Military Court under the Taliban regime. Date of birth: Approximately 1958. Place of birth: Arghandab District, Kandahar Province, Afghanistan. Nationality: (a) Afghan, (b) Pakistani. Date of UN designation: 25.1.2001.

Other information: Believed to be in Afghanistan/Pakistan border area. Review pursuant to Security Council Resolution 1822 (2008) was concluded on 29 Jul. 2010. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/1427565

(6) Janan Agha (alias Abdullah Jan Agha).

Title: Mullah. Grounds for listing: Governor of Faryab Province under the Taliban regime. Date of birth: (a) Approximately 1958, (b) Approximately 1953. Place of birth: Tirin Kot city, Uruzgan Province, Afghanistan. Nationality: Afghan. Date of UN designation: 23.2.2001.

Other information: Member of Taliban Supreme Council and advisor to Mullah Mohammed Omar as at June 2010. Leads a Taliban ‘front’ (mahaz) as of mid-2013. Believed to be in Afghanistan/Pakistan border area. Belongs to Sadat ethnic group. Review pursuant to Security Council Resolution 1822 (2008) was concluded on 23 Jul. 2010. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/1428048

(7) Sayed Mohammad Azim Agha (alias (a) Sayed Mohammad Azim Agha, (b) Agha Saheb).

Title: Maulavi. Grounds for listing: Director of the Passport and Visa Department in the Ministry of Interior under the Taliban regime. Date of birth: (a) Approximately 1966, (b) Approximately 1969. Place of birth: Panjwai District, Kandahar Province, Afghanistan. Nationality: Afghan. Date of UN designation: 23.2.2001.

Other information: Directs a Taliban ‘front’ (mahaz) and serves as member of the military commission of the Taliban as of mid-2013. Believed to be in Afghanistan/Pakistan border area. Review pursuant to Security Council Resolution 1822 (2008) was concluded on 23 Jul. 2010. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/1427409

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Sayed Mohammad Azim Agha's post as an employee of the Passport and Visa Department came under the Ministry of Interior of the Taliban regime.

(8) Sayyed Ghiassouddine Agha (alias (a) Sayed Ghiasuddin Sayed Ghousuddin, (b) Sayyed Ghayasudin, (c) Sayed Ghias).

Title: Maulavi. Grounds for listing: (a) Minister of Haj and Religious Affairs under the Taliban regime, (b) Education Minister under the Taliban regime. Date of birth: Approximately 1961. Place of birth: Kohistan District, Faryab Province, Afghanistan. Nationality: Afghan. Date of UN designation: 31.1.2001.

Other information: Taliban member responsible for Faryab, Jawzjan, Sari Pul and Balkh Provinces, Afghanistan as at June 2010. Involved in drug trafficking. Member of Taliban Supreme Council and Taliban Military Council as at December 2009. Believed to be in Afghanistan/Pakistan border area. Belongs to Sadat ethnic group. Review pursuant to Security Council Resolution 1822 (2008) was concluded on 27 Jul. 2010. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/4652713

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee: