Council Decision 2012/285/CFSPShow full title

Article 1

1. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of:

(a) persons listed in the Annex to UNSCR 2048 (2012), and additional persons designated by the Security Council or by the Committee established pursuant to paragraph 9 of UNSCR 2048 (2012) (‘the Committee’), in accordance with paragraph 6 of UNSCR 2048 (2012), as listed in Annex I;

(b) persons not covered by Annex I engaging in or providing support for acts that threaten the peace, security or stability of the Republic of Guinea-Bissau and persons associated with them, as listed in Annex II.

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

3. Paragraph 1(a) shall not apply where the Committee determines that:

(a) travel is justified on the grounds of humanitarian need, including religious obligation; or

(b) an exemption would further the objectives of peace and national reconciliation in the Republic of Guinea-Bissau and stability in the region.

4. Paragraph 1(a) shall not apply where entry or transit is necessary for the fulfilment of a judicial proceeding.

5. Paragraph 1(b) shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:

(a) as a host country of an international intergovernmental organisation;

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

(c) under a multilateral agreement conferring privileges and immunities; or

(d) under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy.

6. Paragraph 5 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).

7. The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraph 5 or 6.

8. Member States may grant exemptions from the measures imposed under paragraph 1(b) 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 the Republic of Guinea-Bissau.

9. A Member State wishing to grant exemptions referred to in paragraph 8 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the Council members raise 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 none the less decide to grant the proposed exemption.

10. In cases where, pursuant to paragraphs 5, 6, 8 and 9, a Member State authorises the entry into, or transit through, its territory of persons listed in Annex II, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.