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Council Decision 2011/101/CFSPShow full title

Council Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures against Zimbabwe

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Article 4

1.Member States shall take the measures necessary to prevent the entry into, or transit through, their territories of members of the Government of Zimbabwe and of natural persons associated with them, as well as of other natural persons whose activities seriously undermine democracy, respect for human rights and the rule of law in Zimbabwe. The individuals referred to in this paragraph are listed in the Annex.

2.Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.

3.Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation under international law, namely:

(a)

as a host country of an international intergovernmental organisation;

(b)

as a host country of an international conference convened by, or under the auspices of, the United Nations;

(c)

under a multilateral agreement conferring privileges and immunities; or

(d)

pursuant to the 1929 Treaty of Conciliation (Lateran Pact) concluded by the Holy See (Vatican City State) and Italy.

The Council shall be duly informed in each of these cases.

4.Paragraph 3 shall apply also in cases where a Member State is a host country of the Organisation for Security and Cooperation in Europe (OSCE).

5.Member States may grant exemptions from the measures imposed in paragraph 1 where travel is justified on urgent and imperative humanitarian grounds, or in exceptional cases on grounds of attending intergovernmental meetings, including those promoted by the European Union, where a political dialogue is conducted which directly, immediately and significantly promotes democracy, human rights and the rule of law in Zimbabwe.

6.Any Member State wishing to grant exemptions referred to in paragraph 5 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the members of the Council raise an objection in writing within 48 hours of receiving notification of the proposed exemption. Should one or more of the members of the Council raise an objection, the exemption shall not be granted, except where a Member State wishes to grant it on urgent and imperative humanitarian grounds. In the latter event, the Council, acting by a qualified majority, may decide to grant the proposed exemption.

7.In cases where, pursuant to paragraphs 3 to 6, a Member State authorises the entry into, or transit through, its territory of persons listed in the Annex, the authorisation shall be strictly limited to the purpose for which it is given and to the persons directly concerned thereby.

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