On the basis of the determinations made by the United Nations Security Council or by the UN Sanctions Committee, the decision and regulation impose restrictive measures against persons and entities responsible for the direct or indirect supply, sale or transfer of arms and any related materiel, as well as against persons and entities designated by the UN Sanctions Committee to engage in or provide support for acts that undermine the peace, stability or security of the Democratic Republic of the Congo (DRC).
In addition, the decision and regulation impose autonomous EU restrictive measures against persons and entities responsible for obstructing a consensual and peaceful solution towards elections in DRC, including by acts of violence, repression or inciting violence, or by undermining the rule of law, or who are involved in planning, directing or committing acts that constitute serious human rights violations or abuses in DRC.

KEY POINTS

Article 29 of the Treaty on European Union and Article 215 of the Treaty on the Functioning of the European Union provide the necessary legal bases for giving the EU the power to impose restrictive measures (sanctions) on governments of non-EU countries, non-state entities and individuals to bring about a change in their policy or activity.

A. UN transposition restrictive measures

In transposition of UN Security Council resolutions, namely 1493 (2003), 1596 (2005), 1649 (2005) and 1698 (2006), EU measures impose financial restrictive measures (sanctions) against persons and entities designated by the UN Sanctions Committee as acting in violation of the arms embargo.

Arms embargo

Any non-governmental entity or person operating in the DRC is subject to:

a ban on technical assistance or services related to the goods and technology listed in the EU common military list;
a ban on financing or financial assistance related to the sale, supply, transfer or export of goods and technology listed in the common military list.

Exceptions are made for provisions to the UN Organisation Stabilisation Mission in the DRC (‘Monusco’) and the African Union-Led Regional Task Force, as well as non-lethal military equipment intended solely for humanitarian or protective use.

Financial sanctions

Under the regulation there is:

a freeze on funds* and economic resources* if they belong to, or are owned or held by, individuals or bodies listed in Annex I;
a ban on funds or economic resources being made available to individuals, entities or bodies listed in Annex I;
a ban on intentional activities to circumvent the above measures.

EU countries may exceptionally authorise (with the agreement of the UN Sanctions Committee) frozen funds or economic resources to be released if they are:

basic expenses, including food, rent, mortgage payments, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
reasonable professional fees and certain other ‘extraordinary expenses’ such as humanitarian aid;
fees for maintaining frozen funds;
the subject of a judicial or administrative lien or judgment from before 18 April 2005 under certain detailed conditions, unless contrary to EU policies.

Interest or other earnings on frozen accounts or payments due under agreements from before this regulation came into effect are allowed, but will be frozen.

Designated persons and entities subject to sanctions (Annex I)

The Council amends Annex I on the basis of determinations made by the UN Sanctions Committee for individuals or bodies engaging in or providing support for acts that undermine the peace, stability or security of the DRC, including:

violating the arms embargo;
being political and military leaders of foreign armed groups operating in the DRC or of Congolese militias;
recruiting or using children in armed conflict;
planning, directing or committing acts in the DRC that constitute human rights violations or abuses or violations of international humanitarian law;
obstructing access to humanitarian assistance in the DRC;
supporting individuals or entities, including armed groups or criminal networks, involved in destabilising activities in the DRC through illicit trade in natural resources, including gold or wildlife;
planning, directing, sponsoring or participating in attacks against Monusco peacekeepers or UN personnel;
providing financial, material or technological support to a designated person or entity.

B. EU autonomous measures

The Council, acting upon a proposal from an EU country or from the High Representative of the Union for Foreign Affairs and Security Policy, amends the list in Annex II in relation to persons and entities responsible for obstructing a consensual and peaceful solution towards elections in DRC, including by acts of violence, repression or inciting violence, or by undermining the rule of law, or who are involved in planning, directing or committing acts that constitute serious human rights violations or abuses in DRC. In this case, restrictive measures include:

freezing of funds and economic resources owned or controlled by targeted individuals or organisations (such as cash, bank deposits, stocks, shares, etc.) which may not be accessed, moved or sold, and real estate which may not be sold or rented;
visa or travel ban: preventing individuals concerned by sanctions from entering the EU.

Information

Individuals, entities and bodies must immediately supply any information which would facilitate compliance with the regulation, such as accounts and amounts frozen, to the competent national authorities (as listed in Annex II) or to the European Commission.

Coverage

The regulation applies:

within the EU;
on board any aircraft or any vessel under the jurisdiction of an EU country;
to any person who is a national of an EU country;
to any individual or body incorporated or constituted under the law of an EU country or doing business within the EU.

FROM WHEN DOES THE DECISION AND REGULATION APPLY?

Decision 2010/788/CFSP has applied since 20 December 2010.

Regulation (EC) No 1183/2005 has applied since 23 July 2005.

BACKGROUND

KEY TERMS

Freezing of funds: 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.

Freezing of economic resources: preventing the use of economic resources (assets of every kind, whether tangible, intangible, movable or immovable, which can be used to obtain funds, goods or services) to obtain funds, goods or services in any way, including selling, hiring or mortgaging.

MAIN DOCUMENTS

Council Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures against the Democratic Republic of the Congo and repealing Common Position 2008/369/CFSP (OJ L 336, 21.12.2010, pp. 30-42)

Successive amendments to Decision 2010/788/CFSP have been incorporated into the original text. This consolidated version is of documentary value only.

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 the Congo (OJ L 193, 23.7.2005, pp. 1-8)

See consolidated version.

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Restrictive measures against the Democratic Republic of the Congo

SUMMARY OF:

WHAT IS THE AIM OF THE DECISION AND THE REGULATION?

KEY POINTS

FROM WHEN DOES THE DECISION AND REGULATION APPLY?

BACKGROUND

KEY TERMS

MAIN DOCUMENTS

RELATED DOCUMENTS