CHAPTER VIIRESTRICTIONS ON ADMISSION
F1Article 27
1.
Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons responsible for the violent repression against the civilian population in Syria, persons benefiting from or supporting the regime, and persons associated with them, as listed in Annex I.
2.
In accordance with the assessments and determinations made by the Council in the context of the situation in Syria as set out in recitals 5 to 11, Member States shall also take the necessary measures to prevent the entry into, or transit through, their territories of:
(a)
leading businesspersons operating in Syria;
(b)
members of the Assad or Makhlouf families;
(c)
Syrian Government Ministers in power after May 2011;
(d)
members of the Syrian Armed Forces of the rank of ‘ colonel ’ and the equivalent or higher in post after May 2011;
(e)
members of the Syrian security and intelligence services in post after May 2011;
(f)
members of regime-affiliated militias; or
(g)
persons operating in the chemical weapons proliferation sector,
and persons associated with them, as listed in Annex I.
3.
Persons within one of the categories referred to in paragraph 2 shall not be included or retained on the list of persons and entities in Annex I if there is sufficient information that they are not, or are no longer, associated with the regime or do not exercise influence over it or do not pose a real risk of circumvention.
4.
All listing decisions shall be made on an individual and case-by-case basis taking into account the proportionality of the measure.
5.
Paragraphs 1 and 2 shall not oblige a Member State to refuse its own nationals entry into its territory.
6.
Paragraphs 1 and 2 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 to an international intergovernmental organisation;
(b)
as a host country to an international conference convened by, or under the auspices of, the UN;
(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.
7.
Paragraph 6 shall be considered as also applying in cases where a Member State is host country to the Organisation for Security and Cooperation in Europe (OSCE).
8.
The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraph 6 or 7.
9.
Member States may grant exemptions from the measures imposed under paragraphs 1 and 2 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 Syria.
10.
A Member State wishing to grant exemptions referred to in paragraph 9 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the Council members raises 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 decide to grant the proposed exemption.
11.
Where, pursuant to paragraphs 6 to 10, a Member State authorises the entry into, or transit through, its territory of persons listed in Annex I, the authorisation shall be limited to the purpose for which it is given and to the person concerned therewith.