Council Implementing Regulation (EU) 2020/189 of 12 February 2020 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1183/2005 of 18 July 2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of Congo ¹, and in particular Article 9 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

• (1) On 18 July 2005, the Council adopted Regulation (EC) No 1183/2005.

• (2) On 6 February 2020, the United Nations Security Council Committee, established pursuant to United Nations Security Council Resolution 1533 (2004), added one person to the list of persons and entities subject to restrictive measures. This person should therefore be added to Annex I to Regulation (EC) No 1183/2005.

• (3) Annex I to Regulation (EC) No 1183/2005 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 1183/2005 is hereby amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the date 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.

Done at Brussels, 12 February 2020.

For the Council

The President

A. METELKO-ZGOMBIĆ

ANNEX

The following person is added to the list set out in Annex I to Regulation (EC) No 1183/2005

‘36. Seka BALUKU (low quality a.k.a.: a) Mzee Kajaju, b) Musa, c) Lumu, d) Lumonde)

Designation: Overall leader of the Allied Democratic Forces (ADF)

Date of birth: approximately 1977

Nationality: Uganda

Address: Last known location is Kajuju camp of Medina II, Beni territory, North Kivu, Democratic Republic of the Congo

Date of UN designation: 6 February 2020

Other information: Longtime member of the ADF, Baluku used to be the second in command to ADF founder Jamil Mukulu until he took over after FARDC military operation Sukola I in 2014.

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

Reason for listing:

Seka Baluku was listed on 6 February 2020 pursuant to paragraph 7 of resolution 2293 (2016) for engaging in or providing support for acts that undermine the peace, stability and security of the DRC.

Additional Information:

Overall leader of the ADF. As highlighted in several reports from the Group of Experts on the DRC (S/2015/19, S/2015/797, S/2016/1102, S/2017/672, S/2018/531, S/2019/469, S/2019/974), Seka Baluku has committed, planned and/or directed the repeated targeting, killing and maiming, rape and other sexual violence, abduction of civilians, including children, as well as attacks on health facilities, in particular in Mamove, Beni territory, on 12 and 24 February 2019, as well as the continuous recruitment and use of children during attacks and for forced labour in Beni territory in the DRC since at least 2015.’