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Council Decision 2013/798/CFSPShow full title

Council Decision 2013/798/CFSP of 23 December 2013 concerning restrictive measures against the Central African Republic

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[F1Article 2b U.K.

[F21. All funds and economic resources owned or controlled directly or indirectly by the persons and entities designated by the Committee and listed in the Annex as:

(a) engaging in or providing support for acts that undermine the peace, stability or security of the CAR, including acts that threaten or impede the stabilization and reconciliation process or that fuel violence;

(b) acting in violation of the arms embargo established in paragraph 54 of UNSCR 2127 (2013) and Article 1 of this Decision, or as having directly or indirectly supplied, sold, or transferred to armed groups or criminal networks in the CAR, or as having been the recipient of arms or any related materiel, or any technical advice, training, or assistance, including financing and financial assistance, related to violent activities of armed groups or criminal networks in the CAR;

[F3(c) involved in planning, directing, or committing acts in the CAR that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, including those involving targeting of civilians, ethnic- or religious-based attacks, attacks on civilian objects, including administrative centres, courthouses, schools and hospitals, and abduction and forced displacement;]

(d) involved in planning, directing or committing acts involving sexual and gender-based violence in the CAR;

(e) recruiting or using children in armed conflict in the CAR, in violation of applicable international law;

(f) providing support for armed groups or criminal networks through the illicit exploitation or trade of natural resources, including diamonds, gold, wildlife as well as wildlife products in or from the CAR;

(g) obstructing the delivery of humanitarian assistance to the CAR, or access to, or distribution of, humanitarian assistance in the CAR;

[F3(h) involved in planning, directing, sponsoring, or conducting attacks against UN missions or international security presences, including MINUSCA, the Union missions and French forces which support them, as well as against humanitarian personnel;]

(i) being leaders of an entity designated by the Committee, or having provided support to, or acted for or on behalf of, or at the direction of a person or an entity designated by the Committee, or an entity owned or controlled by a person or entity designated by the Committee [F3;]

[F4(j) committing acts of incitement to violence, in particular on an ethnic or religious basis, that undermine the peace, stability or security of the CAR, and then engaging in or providing support for acts that undermine the peace, stability or security of the CAR,]

shall be frozen.]

2. No funds, financial assets or economic resources shall be made available, directly or indirectly, to or for the benefit of any person or entity referred to in paragraph 1.

3. A Member State may allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds and economic resources which are:

(a) necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

(b) intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;

(c) intended exclusively for the payment of fees or service charges for routine holding or maintenance of frozen funds, other financial assets and economic resources;

after notification by the Member State concerned to the Committee of the intention to authorise, where appropriate, access to such funds and economic resources, and in the absence of a negative decision by the Committee within five working days of such notification.

[F24. A Member State may also allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds and economic resources which are:

(a) necessary for extraordinary expenses, after notification by the Member State concerned to the Committee and approval by the latter;

(b) the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered into prior to 27 January 2017 , and is not for the benefit of a person or entity referred to in this Article, after notification by the Member State concerned to the Committee.]

5. Paragraph 1 shall not prevent a designated person or entity from making payment due under a contract entered into before the listing of such a person or entity, provided that the relevant Member State has determined that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1 and after notification by the relevant Member State to the Committee of the intention to make or receive such payments or to authorise, where appropriate, the unfreezing of funds or economic resources for this purpose, 10 working days prior to such authorisation.

6. Paragraph 2 shall not apply to the addition to frozen accounts of:

(a) interest or other earnings on those accounts; or

(b) payments due under contracts, agreements or obligations that were concluded or that arose prior to the date on which those accounts became subject to restrictive measures under this Decision;

provided that any such interest, other earnings and payments continue to be subject to paragraph 1.]

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