Council Decision (CFSP) 2016/368Show full title

Article 1 U.K.

Common Position 2002/402/CFSP is hereby amended as follows.

(1)

The title is replaced by the following:

‘Council Common Position 2002/402/CFSP of 27 May 2002 concerning restrictive measures against members of the ISIL (Da'esh) and Al-Qaida organisations, and other individuals, groups, undertakings and entities associated with them.’.

(2)

The following recital is inserted:

‘(9) UNSCR 2253 (2015) called upon Member States to cut the flows of funds and other financial assets and economic resources to individuals and entities on the ISIL (Da'esh) and Al-Qaida Sanctions List, as required by paragraph 2(a) of the Resolution and taking into account relevant Financial Action Task Force recommendations and international standards.’.

(3)

Recital 9 is renumbered as recital 10.

(4)

Article 1 is replaced by the following:

‘Article 1

This Common Position applies to members of the ISIL (Da'esh) and Al-Qaida organisations as well as individuals, groups, undertakings and entities:

(a)

associated with members of ISIL (Da'esh) and Al-Qaida organisations including those:

(i)

participating in the financing, planning, facilitating, preparing, or perpetrating acts or activities by, in conjunction with, under the name of, on behalf of, or in support of,

(ii)

supplying, selling or transferring arms and related materiel to,

(iii)

recruiting for or otherwise supporting acts or activities of,

Al-Qaida, ISIL (Da'esh) or any cell, affiliate, splinter group or derivative thereof;

(b)

owned or controlled, directly or indirectly, by, or otherwise supporting, any individual, group, undertaking or entity associated with Al-Qaida or ISIL (Da'esh);

as referred to in the list drawn up pursuant to UNSCR 1267 (1999), 1333 (2000) and 2253 (2015) to be updated regularly by the Committee established pursuant to UNSCR 1267 (1999).’.

(5)

Article 2 is replaced by the following:

‘Article 2

1. The sale, supply, transfer or export of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned to the individuals, groups, undertakings and entities referred to in Article 1(a) and (b) by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be prohibited whether originating or not in their territories.

2. It shall be prohibited:

(a) to provide technical assistance, brokering services and other services related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, directly or indirectly to the individuals, groups, undertakings and entities referred to in Article 1(a) and (b);

(b) to provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance for any sale, supply, transfer or export of arms and related materiel, or for the provision of related technical assistance, brokering services and other services directly or indirectly to the individuals, groups, undertakings and entities referred to in Article 1(a) and (b);

(c) to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in points (a) or (b) of this paragraph.’.

(6)

Article 3 is replaced by the following:

‘Article 3

1. All funds and economic resources belonging to, owned, held or controlled, either directly or indirectly, by a natural person, entity, body or group as referred to in Article 1, including by a third party acting on their behalf or at their direction, shall be frozen;

2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the individuals, groups, undertakings and entities referred to in the list drawn up pursuant to the UNSCR 1267 (1999), 1333 (2000) and 2253 (2015).’.