Council Regulation (EU) No 36/2012
of 18 January 2012
concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,
Having regard to Council Decision 2011/782/CFSP of 1 December 2011 concerning restrictive measures against Syria(1),
Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,
Whereas:
(1) On 9 May 2011, the Council adopted Regulation (EU) No 442/2011 concerning restrictive measures in view of the situation in Syria(2).
(2) The Council expanded the scope of its measures against Syria by way of Council Regulations on 2 September, 23 September, 13 October and 14 November 2011(3), as well as making amendments and additions to the list of targeted persons and entities through successive Council Implementing Regulations(4). Further measures, which do not fall within the scope of Union law, are set out in the corresponding CFSP Decisions of the Council(5).
(3) In view of the continued brutal repression and violation of human rights by the Government of Syria, Council Decision 2011/782/CFSP provides for additional measures, namely a prohibition on the export of telecommunications monitoring equipment for use by the Syrian regime, a prohibition on the participation in certain infrastructure projects and investment in such projects, and additional restrictions on the transfers of funds and the provision of financial services.
(4) It should be clarified that submitting and forwarding the necessary documents to a bank for the purpose of their final transfer to a person, entity or body that is not listed, to trigger payments allowed under Article 20, does not constitute making funds available within the meaning of Article 14.
(5) The power to amend the list in Annex II and IIa to this Regulation should be exercised by the Council, in view of the serious political situation in Syria, and to ensure consistency with the process for amending and reviewing the Annex to Decision 2011/782/CFSP.
(6) The procedure for amending the lists in Annex II and IIa to this Regulation should include providing designated natural or legal persons, entities or bodies with the grounds for listing, so as to give them an opportunity to submit observations. Where observations are submitted, or substantial new evidence is presented, the Council should review its decision in light of those observations and inform the person, entity or body concerned accordingly.
(7) For the implementation of this Regulation, and in order to create maximum legal certainty within the Union, the names and other relevant data concerning natural and legal persons, entities and bodies whose funds and economic resources must be frozen in accordance with this Regulation, must be made public.Any processing of personal data should comply with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(6) and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(7).
(8) These measures fall within the scope of the Treaty on the Functioning of the European Union and, therefore, notably with a view to ensuring its uniform application by economic operators in all Member States, regulatory action at the level of the Union is necessary in order to implement them.
(9) In view of the extent of the amendments introduced, taken together with the various measures already adopted in relation to Syria, it is appropriate to consolidate all the measures into a new regulation which repeals and replaces Regulation (EU) No 442/2011.
(10) In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force immediately,
HAS ADOPTED THIS REGULATION:
CHAPTER IU.K. DEFINITIONS
Article 1U.K.
For the purposes of this Regulation, the following definitions shall apply:
‘branch’ of a financial or credit institution means a place of business which forms a legally dependent part of a financial or credit institution and which carries out directly all or some of the transactions inherent in the business of financial or credit institutions;
‘brokering services’ means:
the negotiation or arrangement of transactions for the purchase, sale or supply of goods and technology from a third country to any other third country, or
the selling or buying of goods and technology that are located in third countries for their transfer to another third country;
‘contract or transaction’ means any transaction of whatever form and whatever the applicable law, whether comprising one or more contracts or similar obligations made between the same or different parties; for this purpose ‘contract’ includes a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, and credit, whether legally independent or not, as well as any related provision arising under, or in connection with, the transaction;
‘credit institution’ means a credit institution as defined in Article 4(1) of Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions(8), including its branches inside or outside the Union;
‘crude oil and petroleum products’ means the products listed in Annex IV;
‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds, but which may be used to obtain funds, goods or services;
‘financial institution’ means:
an undertaking, other than a credit institution, which carries out one or more of the operations included in points 2 to 12 and points 14 and 15 of Annex I to Directive 2006/48/EC, including the activities of currency exchange offices (bureaux de change);
an insurance company duly authorised in accordance with Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance(9), insofar as it carries out activities covered by that Directive;
an investment firm as defined in point 1 of Article 4(1) of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments(10);
a collective investment undertaking marketing its units or shares; or
an insurance intermediary as defined in Article 2(5) of Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation(11), with the exception of intermediaries referred to in Article 2(7) of that Directive, when they act in respect of life insurance and other investment related services;
including its branches, whether inside or outside the Union;
‘freezing of economic resources’ means preventing their use to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them;
‘freezing of funds’ means preventing any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management;
‘funds’ means financial assets and benefits of every kind, including but not limited to:
cash, cheques, claims on money, drafts, money orders and other payment instruments;
deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;
publicly- and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;
interest, dividends or other income on or value accruing from or generated by assets;
credit, right of set-off, guarantees, performance bonds or other financial commitments;
letters of credit, bills of lading, bills of sale;
documents evidencing an interest in funds or financial resources;
‘goods’ includes items, materials and equipment;
‘insurance’ means an undertaking or commitment whereby one or more natural or legal persons are obliged, in return for payment, to provide one or more other persons, in the event of materialisation of a risk, with an indemnity or a benefit as determined by the undertaking or commitment;
‘reinsurance’ means the activity consisting in accepting risks ceded by an insurance undertaking or by another reinsurance undertaking or, in the case of the association of underwriters known as Lloyd's, the activity consisting in accepting risks, ceded by any member of Lloyd's, by an insurance or reinsurance undertaking other than the association of underwriters known as Lloyd's;
‘Syrian credit or financial institution’ means:
any credit or financial institution domiciled in Syria, including the Central Bank of Syria;
any branch or subsidiary, where it falls within the scope of Article 35, of a credit or financial institution domiciled in Syria;
any branch or subsidiary, where it does not fall within the scope of Article 35, of a credit or financial institution domiciled in Syria;
any credit or financial institution that is not domiciled in Syria but is controlled by one or more persons or entities domiciled in Syria;
‘Syrian person, entity or body’ means:
the State of Syria or any public authority thereof;
any natural person in, or resident in, Syria;
any legal person, entity or body having its registered office in Syria;
any legal person, entity or body, inside or outside Syria, owned or controlled directly or indirectly by one or more of the above-mentioned persons or bodies;
‘technical assistance’ means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, the transmission of working knowledge or skills or consulting services; including verbal forms of assistance;
‘territory of the Union’ means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty, including their airspace[F1;]
Textual Amendments
CHAPTER IIU.K. EXPORT AND IMPORT RESTRICTIONS
[F3Article 2 U.K.
1. A Member State may prohibit or impose an authorisation requirement on the export, sale, supply or transfer of equipment which might be used for internal repression other than those listed in Annex IA or Annex IX, whether or not originating in the Union, to any person, entity or body in Syria or for use in Syria.
2. A Member State may prohibit or impose an authorisation requirement on the provision of technical assistance, financing and financial assistance related to the equipment referred to in paragraph 1, to any person, entity or body in Syria or for use in Syria.]
Textual Amendments
[F4 [F3Article 2a U.K.
1. It shall be prohibited:
(a) to sell, supply, transfer or export, directly or indirectly, equipment, goods or technology which might be used for internal repression or for the manufacture and maintenance of products which might be used for internal repression, as listed in Annex IA, whether or not originating in the Union, to any person, entity or body in Syria or for use in Syria;
(b) to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in point (a).
2. By way of derogation from paragraph 1, the competent authorities in the Member States, as identified on the websites listed in Annex III, may grant, under such terms and conditions as they deem appropriate, an authorisation for a transaction in relation to equipment, goods or technology as listed in Annex IA, provided that the equipment, goods or technology are intended for food, agricultural, medical or other humanitarian purposes, or for the benefit of United Nations personnel, personnel of the Union or its Member States.
[F53. By way of derogation from paragraph 1(a), the competent authorities of the Member States, as identified on the websites listed in Annex III, may grant, under such conditions as they deem appropriate, an authorisation for sale, supply, transfer or export of equipment, goods or technology as listed in Annex IA undertaken in accordance with paragraph 10 of UN Security Council Resolution 2118(2013) and relevant decisions of the Executive Council of the Organisation for the Prohibition of Chemical Weapons (OPCW), consistent with the objective of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Chemical Weapons Convention) and after consultation with the OPCW.] ]
Textual Amendments
F3 Substituted by Council Regulation (EU) No 697/2013 of 22 July 2013 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria.
Article 2b U.K.
1. A prior authorisation shall be required for the sale, supply, transfer or export, directly or indirectly, of equipment, goods or technology which might be used for internal repression or for the manufacture and maintenance of products which might be used for internal repression, as listed in Annex IX, whether or not originating in the Union, to any person, entity or body in Syria or for use in Syria.
2. The competent authorities in the Member States, as identified on the websites listed in Annex III, shall not grant any authorisation for any sale, supply, transfer or export of the equipment, goods or technology listed in Annex IX, if they have reasonable grounds to determine that the equipment, goods or technology the sale, supply, transfer or export of which is in question is or might be used for internal repression or for the manufacture and maintenance of products which might be used for internal repression.
3. The authorisation shall be granted by the competent authorities of the Member State where the exporter is established and shall be in accordance with the detailed rules laid down in Article 11 of Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (13) . The authorisation shall be valid throughout the Union.]
Textual Amendments
[F2Article 2c U.K.
1. The rules governing the obligation to provide advance information as determined in the relevant provisions concerning summary declarations as well as customs declarations in Regulation (EEC) No 2913/92 and in Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 (14) apply to all goods leaving the customs territory of the Union to Syria.
The person or entity who provides that information shall also present any authorisations if required by this Regulation.
[F32. The seizure and disposal of equipment, goods or technology, the supply, sale, transfer or export of which is prohibited by Article 2a of this Regulation may, in accordance with national legislation or the decision of a competent authority, be carried out at the expense of the person or entity referred to in paragraph 1 or, if it is not possible to recover these expenses from that person or entity, the expenses may, in accordance with national legislation, be recovered from any person or entity who assumes responsibility for the carriage of the goods or equipment in the attempted illicit supply, sale, transfer or export.] ]
Textual Amendments
[F6Article 2d U.K.
A Member State may prohibit or impose an authorisation requirement on the export to Syria of dual-use items referred to in Article 4(2) of Regulation (EC) No 428/2009.]
Textual Amendments
[F7Article 3 U.K.
[F31. It shall be prohibited:
(a) to provide, directly or indirectly, technical assistance or brokering services related to equipment, goods or technology which might be used for internal repression or for the manufacture and maintenance of products which could be used for internal repression as listed in Annex IA, to any person, entity or body in Syria or for use in Syria;
(b) to provide, directly or indirectly, financing or financial assistance related to the goods and technology listed in Annex IA, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of such items, or for any provision of related technical assistance to any person, entity or body in Syria or for use in Syria;
(c) to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in points (a) and (b).]
F82.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F33. By way of derogation from paragraph 1, the competent authorities of the Member States, as identified on the websites listed in Annex III, may grant, under such terms and conditions as they deem appropriate, an authorisation for technical assistance or brokering services, or financing or financial assistance related to equipment, goods or technology, as listed in Annex IA, provided that the equipment, goods or technology are intended for food, agricultural, medical or other humanitarian purposes, or for the benefit of United Nations personnel, personnel of the Union or its Member States.
The Member State concerned shall inform the other Member States and the Commission, within four weeks, of any authorisation granted under the first subparagraph.]
[F94. Prior authorisation from the competent authority of the relevant Member State, as identified on the websites referred to in Annex III shall be required for the provision of:
(a) technical assistance or brokering services related to equipment, goods or technology listed in Annex IX and to the provision, manufacture, maintenance and use of such equipment, goods and technology, directly or indirectly to any person, entity or body in Syria or for use in Syria;
(b) financing or financial assistance related to goods and technology referred to in Annex IX, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of such goods and technology, or for any provision of related technical assistance to any person, entity or body in Syria or for use in Syria.
The competent authorities shall not grant any authorisation for the transactions referred to inthe first subparagraph, if they have reasonable grounds to determine that those transactions are or may be intended to contribute to internal repression or for the manufacture and maintenance of products which might be used for internal repression.]
[F55. By way of derogation from points (a) and (b) of paragraph 1, the competent authorities of the Member States, as identified on the websites listed in Annex III, may grant, under such conditions as they deem appropriate, an authorisation for the provision of technical assistance, brokering services, financing or financial assistance related to equipment, goods or technology as listed in Annex IA where such technical assistance, brokering services, financing or financial assistance is provided for the sale, supply, transfer or export of such equipment, goods or technology undertaken in accordance with paragraph 10 of UN Security Council Resolution 2118(2013) and relevant decisions of the Executive Council of the OPCW, consistent with the objective of Chemical Weapons Convention and after consultation with the OPCW.] ]
Textual Amendments
F3 Substituted by Council Regulation (EU) No 697/2013 of 22 July 2013 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria.
F5 Inserted by Council Regulation (EU) No 1332/2013 of 13 December 2013 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria.
F7 Substituted by Council Regulation (EU) No 509/2012 of 15 June 2012 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria.
[F10Article 3a U.K.
It shall be prohibited:
to provide, directly or indirectly, financing or financial assistance relating to the goods and technology listed in the Common Military List, including financial derivatives, as well as insurance and reinsurance and brokering services relating to insurance and reinsurance for any purchase, import or transport of such items if they originate in Syria, or are being exported from Syria to any other country;
to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in point (a).]
Textual Amendments
[F5Article 3b U.K.
Article 3a shall not apply to the provision of financing or financial assistance, including financial derivatives, as well as insurance and reinsurance and brokering services relating to insurance and reinsurance for any import or transport of goods and technology listed in the Common Military List if they originate in Syria, or are being exported from Syria to any other country, undertaken in accordance with paragraph 10 of UN Security Council Resolution 2118(2013) and relevant decisions of the Executive Council of the OPCW, consistent with the objective of the Chemical Weapons Convention.]
Textual Amendments
Article 4U.K.
1.It shall be prohibited to sell, supply, transfer or export, directly or indirectly, equipment, technology or software identified in Annex V, whether or not originating in the Union, to any person, entity or body in Syria or for use in Syria, unless the competent authority of the relevant Member State, as identified in the websites referred to in Annex III, has given prior authorisation.
2.The competent authorities of the Member States, as identified in the websites referred to in Annex III, shall not grant any authorisation under paragraph 1 if they have reasonable grounds to determine that the equipment, technology or software in question would be used for monitoring or interception, by the Syrian regime or on its behalf, of internet or telephone communications in Syria.
3.Annex V shall include equipment, technology or software which may be used for the monitoring or interception of internet or telephone communications.
4.The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this Article, within four weeks following the authorisation.
Article 5U.K.
1.It shall be prohibited:
(a)to provide, directly or indirectly, technical assistance or brokering services related to the equipment, technology and software identified in Annex V, or related to the provision, manufacture, maintenance and use of the equipment and technology identified in Annex V or to the provision, installation, operation or updating of any software identified in Annex V, to any person, entity or body in Syria or for use in Syria;
(b)to provide, directly or indirectly, financing or financial assistance related to the equipment, technology and software identified in Annex V, to any person, entity or body in Syria or for use in Syria;
(c)to provide any telecommunication or internet monitoring or interception services of any kind to, or for the direct or indirect benefit of, the State of Syria, its Government, its public bodies, corporations and agencies or any person or entity acting on their behalf or at their direction; and
(d)to participate, knowingly and intentionally, in any activity the object or effect of which is to circumvent the prohibitions referred to in point (a), (b) or (c) above;
unless the competent authority of the relevant Member State, as identified in the websites referred to in Annex III, has given prior authorisation, on the basis set out in Article 4(2).
2.For the purposes of paragraph 1(c), ‘telecommunication or internet monitoring or interception services’ means those services that provide, in particular using equipment, technology or software as identified in Annex V, access to and delivery of a subject's incoming and outgoing telecommunications and call-associated data for the purpose of its extraction, decoding, recording, processing, analysis and storing or any other related activity.
Article 6U.K.
It shall be prohibited:
to import crude oil or petroleum products into the Union if they:
originate in Syria; or
have been exported from Syria;
to purchase crude oil or petroleum products which are located in or which originated in Syria;
to transport crude oil or petroleum products if they originate in Syria, or are being exported from Syria to any other country;
to provide, directly or indirectly, financing or financial assistance, including financial derivatives, as well as insurance and re-insurance, related to the prohibitions set out in points (a), (b) and (c); and
to participate, knowingly and intentionally, in activities whose object or effect is, directly or indirectly, to circumvent the prohibitions in point (a), (b), (c) or (d).
[F6Article 6a U.K.
1. By way of derogation from Article 6, the competent authorities of the Member States as identified on the websites listed in Annex III, may authorise, under such terms and conditions as they deem appropriate, the import, purchase or transport of crude oil or petroleum products, or the provision of related financing or financial assistance, including financial derivatives, as well as insurance and reinsurance, provided that the following conditions are met:
(a) on the basis of the information available to it, including information provided by the person, entity or body requesting the authorisation, the competent authority has determined that it is reasonable to conclude that:
the activities concerned are for the purpose of providing assistance to the Syrian civilian population, in particular in view of meeting humanitarian concerns, assisting in the provision of basic services, reconstruction or restoring economic activity, or other civilian purposes;
the activities concerned do not entail funds or economic resources being made available, directly or indirectly, to or for the benefit of a person, entity or body referred to in Article 14;
the activities concerned do not breach any of the prohibitions laid down in this Regulation;
(b) the Member State concerned has consulted in advance the person, entity or body designated by the Syrian National Coalition for Opposition and Revolutionary Forces as regards, inter alia :
the competent authority's determination under points (a) (i) and (ii);
the availability of information indicating that the activities concerned might entail funds or economic resources being made available, directly or indirectly, to or for the benefit of a person, entity or body referred to in Article 2 of Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (15) or in Article 2 of Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network (16) ;
and the person, entity or body designated by the Syrian National Coalition for Opposition and Revolutionary Forces has given its views to the relevant Member State.
(c) In the absence of the receipt of views from the person, entity or body designated by the Syrian National Coalition for Opposition and Revolutionary Forces within 30 days after the request was made to them, the competent authority may proceed with its decision on whether or not to issue the authorisation.
2. When applying the conditions under points (a) and (b) of paragraph 1, the competent authority shall require adequate information as regards the use of the authorisation granted, including information concerning the counterparts to the transaction.
3. The Member State concerned shall inform, within two weeks, the other Member States and the Commission of any authorisation granted under this Article.]
Textual Amendments
Article 7U.K.
The prohibitions in Article 6 shall not apply to:
the execution, on or prior to 15 November 2011, of an obligation arising from a contract concluded before 2 September 2011, provided that the natural or legal person, entity or body seeking to perform the obligation concerned has notified, at least seven working days in advance, the activity or transaction to the competent authority of the Member State in which it is established, as identified on the websites listed in Annex III; or
the purchase of crude oil or petroleum products which had been exported from Syria prior to 2 September 2011, or, where the export was made pursuant to point (a), on or prior to 15 November 2011.
Article 8U.K.
1.It shall be prohibited to sell, supply, transfer or export the equipment or technology listed in Annex VI, directly or indirectly, to any Syrian person, entity or body, or for use in Syria.
2.Annex VI shall include key equipment and technology for the following sectors of the oil and gas industry in Syria:
(a)exploration of crude oil and natural gas;
(b)production of crude oil and natural gas;
(c)refining;
(d)liquefaction of natural gas.
3.Annex VI shall not include items included in the Common Military List.
Article 9U.K.
It shall be prohibited:
to provide, directly or indirectly, technical assistance or brokering services related to the equipment and technology listed in Annex VI, or related to the provision, manufacture, maintenance and use of goods listed in Annex VI, to any Syrian person, entity or body, or for use in Syria;
to provide, directly or indirectly, financing or financial assistance related to the equipment and technology listed in Annex VI, to any Syrian person, entity or body; or for use in Syria, and
to participate, knowingly and intentionally, in any activity the object or effect of which is to circumvent the prohibitions referred to in point (a) or (b).
[F6Article 9a U.K.
1. By way of derogation from Articles 8 and 9, the competent authorities of the Member States as identified on the websites listed in Annex III, may authorise, under such terms and conditions as they deem appropriate, the sale, supply, transfer or export of the key equipment or technology as listed in Annex VI, or the provision of related technical assistance or brokering services, or financing or financial assistance, provided that the following conditions are met:
(a) on the basis of the information available to it, including information provided by the person, entity or body requesting the authorisation, the competent authority has determined that it is reasonable to conclude that:
the activities concerned are for the purpose of providing assistance to the Syrian civilian population, in particular in view of meeting humanitarian concerns, assisting in the provision of basic services, reconstruction or restoring economic activity, or other civilian purposes;
the activities concerned do not entail funds or economic resources being made available, directly or indirectly, to or for the benefit of a person, entity or body referred to in Article 14;
the activities concerned do not breach any of the prohibitions laid down in this Regulation;
(b) the Member State concerned has consulted in advance the person, entity or body designated by the Syrian National Coalition for Opposition and Revolutionary Forces as regards, inter alia :
the competent authority's determination under points (a) (i) and (ii);
the availability of information indicating that the activities concerned might entail funds or economic resources being made available, directly or indirectly, to or for the benefit of a person, entity or body referred to in Article 2 of Regulation (EC) No 2580/2001 or Article 2 of Regulation (EC) No 881/2002;
and the person, entity or body designated by the Syrian National Coalition for Opposition and Revolutionary Forces has given its views to the relevant Member State.
(c) In the absence of the receipt of views from the person, entity or body designated by the Syrian National Coalition for Opposition and Revolutionary Forces within 30 days after the request was made to them, the competent authority may proceed with its decision on whether or not to issue the authorisation.
2. When applying the conditions under points (a) and (b) of paragraph 1, the competent authority shall require adequate information as regards the use of the authorisation granted, including information concerning the end-user and the final destination of the delivery.
3. The Member State concerned shall inform, within two weeks, the other Member States and the Commission of any authorisation granted under this Article.]
Textual Amendments
Article 10U.K.
1.The prohibitions in Articles 8 and 9 shall not apply to the performance of an obligation required by a contract which was awarded or concluded prior to 19 January 2012, provided that the person or entity seeking to rely on this Article has notified, at least 21 calendar days in advance, the competent authority of the Member State in which they are established, as identified on the websites listed in Annex III.
2.For the purposes of this Article, a contract shall have been ‘awarded’ to a person or entity if express written confirmation of the award of the contract to that person or entity has been sent by the other contracting party, following the conclusion of a formal tender process.
Article 11U.K.
It shall be prohibited to sell, supply, transfer or export, directly or indirectly, new Syrian denominated banknotes and coinage, printed or minted in the Union, to the Central Bank of Syria.
[F11Article 11a U.K.
1. It shall be prohibited:
(a) to sell, supply, transfer or export, directly or indirectly, gold, precious metals and diamonds, as listed in Annex VIII, whether or not originating in the Union, to the Government of Syria, its public bodies, corporations and agencies, the Central Bank of Syria, any person, entity or body acting on their behalf or at their direction, or any entity or body owned or controlled by them;
(b) to purchase, import or transport, directly or indirectly, gold, precious metals and diamonds, as listed in Annex VIII, whether the item concerned originates in Syria or not, from the Government of Syria, its public bodies, corporations and agencies, the Central Bank of Syria and any person, entity or body acting on their behalf or at their direction, or any entity or body owned or controlled by them; and
(c) to provide, directly or indirectly, technical assistance or brokering services, financing or financial assistance, related to the goods referred to in points (a) and (b), to the Government of Syria, its public bodies, corporations and agencies, the Central Bank of Syria and any person, entity or body acting on their behalf or at their direction, or any entity or body owned or controlled by them.
2. Annex VIII shall include gold, precious metals and diamonds subject to the prohibitions referred to in paragraph 1.]
Textual Amendments
[F4Article 11b U.K.
1. It shall be prohibited:
(a) to sell, supply, transfer or export, directly or indirectly, luxury goods as listed in Annex X, to Syria;
(b) to participate, knowingly and intentionally, in activities whose object or effect is, directly or indirectly, to circumvent the prohibition referred to in point (a).
2. By way of derogation from point (a) of paragraph 1, the prohibition referred to therein shall not apply to goods of a non-commercial nature, for personal use, contained in travellers’ luggage.]
Textual Amendments
[F5Article 11c U.K.
1. It shall be prohibited to import, export, transfer, or provide brokering services related to the import, export or transfer of, Syrian cultural property goods and other goods of archaeological, historical, cultural, rare scientific or religious importance, including those listed in Annex XI, where there are reasonable grounds to suspect that the goods have been removed from Syria without the consent of their legitimate owner or have been removed in breach of Syrian law or international law, in particular if the goods form an integral part of either the public collections listed in the inventories of the conservation collections of Syrian museums, archives or libraries, or the inventories of Syrian religious institutions.
2. The prohibition in paragraph 1 shall not apply if it is demonstrated that:
(a) the goods were exported from Syria prior to 9 May 2011 ; or
(b) the goods are being safely returned to their legitimate owners in Syria.]
Textual Amendments
CHAPTER IIIU.K. RESTRICTIONS ON PARTICIPATION IN INFRASTRUCTURE PROJECTS
Article 12U.K.
[F11. It shall be prohibited:
(a) to sell, supply, transfer or export equipment or technology as listed in Annex VII to be used in the construction or installation in Syria of new power plants for electricity production;
(b) to provide, directly or indirectly, technical assistance, financing or financial assistance, including financial derivatives, as well as insurance or reinsurance in relation to any project referred to in point (a).]
2.This prohibition shall not apply to the performance of an obligation required by a contract or agreement which was concluded prior to 19 January 2012, provided that the person or entity seeking to rely on this Article has notified, at least 21 calendar days in advance, the competent authority of the Member State in which they are established, as identified on the websites listed in Annex III.
Textual Amendments
CHAPTER IVU.K. RESTRICTIONS ON FINANCING CERTAIN ENTERPRISES
Article 13U.K.
1.The following shall be prohibited:
(a)the granting of any financial loan or credit to any Syrian person, entity or body referred to in paragraph 2;
(b)the acquisition or extension of a participation in any Syrian person, entity or body referred to in paragraph 2;
(c)the creation of any joint venture with any Syrian person, entity or body referred to in paragraph 2;
(d)the participation, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in point (a), (b) or (c).
2.The prohibitions in paragraph 1 shall apply to any Syrian person, entity or body engaged in:
(a)the exploration, production or refining of crude oil; or
(b)the construction or installation of new power plants for electricity production.
3.For the purposes of paragraph 2 only, the following definitions shall apply:
(a)‘exploration of crude oil’ includes the exploration for, prospecting for and management of crude oil reserves, as well as the provision of geological services in relation to such reserves;
(b)‘refining of crude oil’ means the processing, conditioning or preparation of oil for the ultimately final sale of fuels.
4.The prohibitions in paragraph 1:
(a)shall be without prejudice to the execution of an obligation arising from contracts or agreements relating to:
the exploration, production or refining of crude oil, concluded before 23 September 2011;
the construction or installation of new power plants for electricity production concluded prior to 19 January 2012;
(b)shall not prevent the extension of a participation relating to:
the exploration, production or refining of crude oil, if such extension is an obligation under an agreement concluded before 23 September 2011;
the construction or installation of new power plants for electricity production if such extension is an obligation under an agreement concluded prior to 19 January 2012.
[F6Article 13a U.K.
1. By way of derogation from Article 13(1), the competent authorities of the Member States as identified on the websites listed in Annex III, may authorise, under such terms and conditions as they deem appropriate, the granting of any financial loan or credit to or the acquisition or extension of a participation in, or the creation of any joint venture with any Syrian person, entity or body referred to in point (a) of Article 13(2), provided that the following conditions are met:
(a) on the basis of the information available to it, including information provided by the person, entity or body requesting the authorisation, the competent authority has determined that it is reasonable to conclude that:
the activities concerned are for the purpose of providing assistance to the Syrian civilian population, in particular in view of meeting humanitarian concerns, assisting in the provision of basic services, reconstruction or restoring economic activity, or other civilian purposes;
the activities concerned do not entail funds or economic resources being made available, directly or indirectly, to or for the benefit of a person, entity or body referred to in Article 14;
the activities concerned do not breach any of the prohibitions laid down in this Regulation;
(b) the Member State concerned has consulted in advance the person, entity or body designated by the Syrian National Coalition for Opposition and Revolutionary Forces as regards, inter alia :
the competent authority's determination under points (a) (i) and (ii);
the availability of information indicating that the activities concerned might entail funds or economic resources being made available, directly or indirectly, to or for the benefit of a person, entity or body referred to in Article 2 of Regulation (EC) No 2580/2001 or Article 2 of Regulation (EC) No 881/2002;
and the person, entity or body designated by the Syrian National Coalition for Opposition and Revolutionary Forces has given its views to the relevant Member State.
(c) In the absence of the receipt of views from the person, entity or body designated by the Syrian National Coalition for Opposition and Revolutionary Forces within 30 days after the request was made to them, the competent authority may proceed with its decision on whether or not to issue the authorisation.
2. When applying the conditions under points (a) and (b) of paragraph 1, the competent authority shall require adequate information as regards the use of the authorisation granted, including information concerning the purpose of, and the counterparts to the transaction.
3. The Member State concerned shall inform, within two weeks, the other Member States and the Commission of any authorisation granted under this Article.]
Textual Amendments
CHAPTER VU.K. FREEZING OF FUNDS AND ECONOMIC RESOURCES
Article 14U.K.
1.All funds and economic resources belonging to, owned, held or controlled by the natural or legal persons, entities and bodies listed in Annex II and IIa shall be frozen.
2.No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the natural or legal persons, entities or bodies listed in Annex II and IIa.
3.The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to circumvent the measures referred to in paragraphs 1 and 2 shall be prohibited.
Article 15U.K.
1.Annexes II and IIa shall consist of the following:
(a)Annex II shall consist of a list of natural or legal persons, entities and bodies who, in accordance with Article 19(1) of Decision 2011/782/CFSP, have been identified by the Council as being persons or entities responsible for the violent repression against the civilian population in Syria, persons and entities benefiting from or supporting the regime, and natural or legal persons and entities associated with them, and to whom Article 21 of this Regulation shall not apply;
(b)Annex IIa shall consist of a list of entities which, in accordance with Article 19(1) of Decision 2011/782/CFSP, have been identified by the Council as being entities associated with the persons or entities responsible for the violent repression against the civilian population in Syria, or with persons and entities benefiting from or supporting the regime, and to which Article 21 of this Regulation shall apply.
2.Annexes II and IIa shall include the grounds for the listing of listed persons, entities and bodies concerned.
3.Annexes II and IIa shall also include, where available, information necessary to identify the natural or legal persons, entities and bodies concerned. With regard to natural persons, such information may include names including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, if known, and function or profession. With regard to legal persons, entities and bodies, such information may include names, place and date of registration, registration number and place of business.
[F12Article 16 U.K.
By way of derogation from Article 14, the competent authorities in the Member States, as identified on the websites listed in Annex III, may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources are:
necessary to satisfy the basic needs of natural or legal persons, entities or bodies listed in Annexes II and IIa, and dependent family members of such natural persons, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services;
intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources;
necessary for extraordinary expenses, provided that the relevant competent authority has notified the grounds on which it considers that a specific authorisation should be granted to the competent authorities of the other Member States and to the Commission at least two weeks before the authorisation;
to be paid into or from an account of a diplomatic or consular mission or an international organisation enjoying immunities in accordance with international law, insofar as such payments are intended to be used for official purposes of the diplomatic or consular mission or international organisation;
[F13necessary for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, humanitarian workers and related assistance, and provided that, in the case of release of frozen funds or economic resources, the funds or economic resources are released to the UN for the purpose of delivering or facilitating the delivery of assistance in Syria in accordance with the Syria Humanitarian Assistance Response Plan (SHARP);]
necessary to ensure human safety or environmental protection [F13;]
[F5necessary for evacuations from Syria.]
The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this Article within four weeks following the authorisation.]
Textual Amendments
F5 Inserted by Council Regulation (EU) No 1332/2013 of 13 December 2013 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria.
[F5Article 16a U.K.
1. Authorisations granted under point (f) of the first paragraph of Article 16 before 15 December 2013 shall not be affected by the modifications to point (f) of the first paragraph of Article 16 provided for in Council Regulation (EU) No 1332/2013 (17) .
2. Requests for authorisations under point (f) of the first paragraph of Article 16 submitted before 15 December 2013 shall be considered withdrawn unless the person, entity or body confirms its intention to maintain the request after that date.]
Textual Amendments
Article 17U.K.
By way of derogation from Article 14, the competent authorities in the Member States as identified on the websites listed in Annex III may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the provision of such funds or economic resources are necessary for the essential energy needs of the civilian population in Syria, provided that the relevant competent authority has notified for each delivery contract the grounds on which it considers that a specific authorisation should be granted to the competent authorities of the other Member States and to the Commission at least four weeks before the authorisation.
[F12Article 18 U.K.
1. By way of derogation from Article 14, the competent authorities in Member States, as indicated on the websites listed in Annex III, may authorise the release of certain frozen funds or economic resources, if the following conditions are met:
(a) the funds or economic resources are the subject of an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in Article 14 was listed in Annex II or IIa, or of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to or after that date;
(b) the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;
(c) the decision is not for the benefit of a natural or legal person, entity or body listed in Annex II or IIa;
(d) recognising the decision is not contrary to public policy in the Member State concerned.
2. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this Article.]
Textual Amendments
Article 19U.K.
1.Article 14(2) shall not apply to the addition to frozen accounts of:
(a)interest or other earnings on those accounts[F12,]
(b)payments due under contracts, agreements or obligations that were concluded or arose before the date on which the account became subject to this Regulation[F12; or]
[F10(c) payments due under judicial, administrative or arbitral decisions rendered in a Member State or enforceable in the Member State concerned,]
provided that any such interest, other earnings and payments are frozen in accordance with Article 14(1).
2.Article 14(2) shall not prevent financial or credit institutions in the Union from crediting frozen accounts where they receive funds transferred to the account of a listed natural or legal person, entity or body, provided that any additions to such accounts will also be frozen. The financial or credit institution shall inform the relevant competent authority about any such transaction without delay.
Textual Amendments
Article 20U.K.
By way of derogation from Article 14 and provided that a payment by a person, entity or body listed in Annex II or IIa is due under a contract or agreement that was concluded by, or an obligation that arose for the person, entity or body concerned before, the date on which that person, entity or body had been designated, the competent authorities of the Member States, as indicated on the websites listed in Annex III, may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources, provided that the payment is not directly or indirectly received by a person or entity referred to in Article 14.
[F2Article 20a U.K.
By way of derogation from Article 14, the competent authorities of the Member States, as identified on the websites listed in Annex III, may authorise, under such conditions as they deem appropriate, the transfer by or through a financial entity listed in Annex II or IIa of funds or economic resources, where the transfer is related to a payment by a person or entity not listed in Annex II or IIa in connection with the provision of financial support to Syrian nationals pursuing an education, professional training or engaged in academic research in the Union, provided that the competent authority of the relevant Member State has determined, on a case-by-case basis, that the payment will not directly or indirectly be received by a person or entity listed in Annex II or IIa.]
Textual Amendments
Article 21U.K.
By way of derogation from Article 14(1), an entity listed in Annex IIa may, for a period of two months from the date on which it was designated, make a payment from frozen funds or economic resources which were received by that entity after the date on which it was designated, provided that:
such payment is due under a trade contract; and
the competent authority of the relevant Member State has determined that the payment will not directly or indirectly be received by a person or entity listed in Annex II or Annex IIa.
[F1Article 21a U.K.
1. By way of derogation from Article 14, the competent authorities of the Member States, as identified on the websites listed in Annex III, may authorise, under such conditions as they deem appropriate:
(a) a transfer by or through the Central Bank of Syria of funds or economic resources received and frozen after the date of its designation where the transfer is related to a payment due in connection with a specific trade contract; or
(b) a transfer of funds or economic resources to or through the Central Bank of Syria where the transfer is related to a payment due in connection with a specific trade contract;
provided that the competent authority of the relevant Member State has determined, on a case-by-case basis, that the payment will not directly or indirectly be received by any person or entity listed in Annex II or IIa and provided that the transfer is not otherwise prohibited by this Regulation.
2. By way of derogation from Article 14, the competent authorities of the Member States, as identified on the websites listed in Annex III, may authorise, under such conditions as they deem appropriate, a transfer made by or through the Central Bank of Syria of frozen funds or economic resources in order to provide financial institutions within the jurisdiction of the Member States with liquidity for the financing of trade.]
Textual Amendments
[F10Article 21b U.K.
Article 14(2) shall not prevent acts or transactions carried out with respect to Syrian Arab Airlines for the sole purpose of evacuating citizens of the Union and their family members from Syria.]
Textual Amendments
[F5Article 21c U.K.
1. By way of derogation from Article 14, the competent authorities of the Member States, as identified on the websites listed in Annex III, may authorise, under such conditions as they deem appropriate:
(a) a transfer by or through the Commercial Bank of Syria of funds or economic resources received from outside of the territory of the Union and frozen after the date of its designation where the transfer is related to a payment due in connection with a specific trade contract for medical supplies, food, shelter, sanitation or hygiene for civilian use; or
(b) a transfer of funds or economic resources from outside of the territory of the Union to or through the Commercial Bank of Syria where the transfer is related to a payment due in connection with a specific trade contract for the purpose of meeting essential civilian needs, including medical supplies, food, shelter, sanitation or hygiene for civilian use;
provided that the competent authority of the relevant Member State has determined, on a case-by-case basis, that the payment will not directly or indirectly be received by any person or entity listed in Annex II or IIa and provided that the transfer is not otherwise prohibited by this Regulation.
2. The Member State concerned shall inform the other Member States and the Commission, within four weeks, of any authorisation granted under this Article.]
Textual Amendments
Article 22U.K.
The freezing of funds and economic resources or the refusal to make funds or economic resources available, carried out in good faith on the basis that such action is in accordance with this Regulation, shall not give rise to liability of any kind on the part of the natural or legal person or entity or body implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen or withheld as a result of negligence.
CHAPTER VIU.K. RESTRICTIONS ON FINANCIAL SERVICES
Article 23U.K.
The European Investment Bank (EIB) shall:
be prohibited from making any disbursement or payment under or in connection with any existing loan agreements entered into between the State of Syria or any public authority thereof and the EIB; and
suspend all existing Technical Assistance Service Contracts relating to projects financed under the loan agreements referred to in point (a), and which are intended for the direct or indirect benefit of the State of Syria or any public authority thereof to be performed in Syria.
Article 24U.K.
It shall be prohibited:
to sell or purchase Syrian public or public-guaranteed bonds issued after 19 January 2012, directly or indirectly, to or from any of the following:
the State of Syria or its Government, and its public bodies, corporations and agencies;
any Syrian credit or financial institution;
a natural person or a legal person, entity or body acting on behalf or at the direction of a legal person, entity or body referred to in (i) or (ii);
a legal person, entity or body owned or controlled by a person, entity or body referred to in (i), (ii) or (iii);
to provide brokering services with regard to Syrian public or public-guaranteed bonds issued after 19 January 2012, to a person, entity or body referred to in point (a);
to assist a person, entity or body referred to in point (a) in order to issue Syrian public or public-guaranteed bonds, by providing brokering services, advertising or any other service with regard to such bonds.
Article 25U.K.
1.It shall be prohibited for credit and financial institutions falling within the scope of Article 35 to:
(a)open a new bank account with any Syrian credit or financial institution;
(b)to establish a new correspondent banking relationship with any Syrian credit or financial institution;
(c)to open a new representative office in Syria or to establish a new branch or subsidiary in Syria;
(d)to establish a new joint venture with any Syrian credit or financial institution.
2.It shall be prohibited:
(a)to authorise the opening of a representative office or the establishment of a branch or subsidiary in the Union of any Syrian credit or financial institution;
(b)to conclude agreements for, or on behalf of, any Syrian credit or financial institution, pertaining to the opening of a representative office or the establishment of a branch or subsidiary in the Union;
(c)to grant an authorisation for taking up and pursuing the business of a credit or financial institution or for any other business requiring prior authorisation, by a representative office, branch or subsidiary of any Syrian credit or financial institution, if the representative office, branch or subsidiary was not operational before 19 January 2012;
(d)to acquire or to extend a participation, or to acquire any other ownership interest in a credit or financial institution falling within the scope of Article 35 by any Syrian credit or financial institution.
[F6Article 25a U.K.
1. By way of derogation from points (a) and (c) of Article 25(1), the competent authorities of the Member States as identified on the websites listed in Annex III, may authorise, under such terms and conditions as they deem appropriate, the opening of a new bank account or a new representative office, or the establishment of a new branch or subsidiary, provided that the following conditions are met:
(a) on the basis of the information available to it, including information provided by the person, entity or body requesting the authorisation, the competent authority has determined that it is reasonable to conclude that:
the activities concerned are for the purpose of providing assistance to the Syrian civilian population, in particular in view of meeting humanitarian concerns, assisting in the provision of basic services, reconstruction or restoring economic activity, or other civilian purposes;
the activities concerned do not entail funds or economic resources being made available, directly or indirectly, to or for the benefit of a person, entity or body referred to in Article 14;
the activities concerned do not breach any of the prohibitions laid down in this Regulation;
(b) the Member State concerned has consulted in advance the person, entity or body designated by the Syrian National Coalition for Opposition and Revolutionary Forces as regards, inter alia :
the competent authority's determination under points (a) (i) and (ii);
the availability of information indicating that the activities concerned might entail funds or economic resources being made available, directly or indirectly, to or for the benefit of a person, entity or body referred to in Article 2 of Regulation (EC) No 2580/2001 or Article 2 of Regulation (EC) No 881/2002;
and the person, entity or body designated by the Syrian National Coalition for Opposition and Revolutionary Forces has given its views to the relevant Member State.
(c) In the absence of the receipt of views from the person, entity or body designated by the Syrian National Coalition for Opposition and Revolutionary Forces within 30 days after the request was made to them, the competent authority may proceed with its decision on whether or not to issue the authorisation.
2. When applying the conditions under points (a) and (b) of paragraph 1, the competent authority shall require adequate information as regards the use of the authorisation granted, including information concerning the purpose of, and the counterparts to the activities concerned.
3. The Member State concerned shall inform, within two weeks, the other Member States and the Commission of any authorisation granted under this Article.]
Textual Amendments
Article 26U.K.
1.It shall be prohibited:
(a)to provide insurance or re-insurance to:
the State of Syria, its Government, its public bodies, corporations or agencies; or
any natural or legal person, entity or body when acting on behalf or at the direction of a legal person, entity or body referred to in (i);
(b)to participate, knowingly and intentionally, in activities, the object or effect of which is to circumvent the prohibitions in point (a).
2.Paragraph 1(a) shall not apply to the provision of compulsory or third party insurance to Syrian persons, entities or bodies based in the Union or to the provision of insurance for Syrian diplomatic or consular missions in the Union.
3.Point (ii) of paragraph 1(a) shall not apply to the provision of insurance, including health and travel insurance, to individuals acting in their private capacity, and re-insurance relating thereto.
Point (ii) of paragraph 1(a) shall not prevent the provision of insurance or re-insurance to the owner of a vessel, aircraft or vehicle chartered by a person, entity or body referred to in point (i) of paragraph 1(a) and which is not listed in Annex II or IIa.
For the purpose of point (ii) of paragraph 1(a), a person, entity or body shall not be considered to act at the direction of a person, entity or body referred to in point (i) of paragraph 1(a) where that direction is for the purposes of docking, loading, unloading or safe transit of a vessel or aircraft temporarily in Syrian waters or airspace.
4.This Article prohibits the extension or renewal of insurance and re-insurance agreements concluded before 19 January 2012 (save where there is a prior contractual obligation on the part of the insurer or re-insurer to accept an extension or renewal of a policy), but, without prejudice to Article 14(2), it does not prohibit compliance with agreements concluded before that date.
[F10CHAPTER VIA U.K. RESTRICTIONS ON TRANSPORT
Article 26a U.K.
1. It shall be prohibited, consistent with international law, to accept, or provide access to airports in the Union by, exclusively cargo flights operated by Syrian carriers and all flights operated by Syrian Arab Airlines, except where:
(a) the aircraft is engaged in non-scheduled international air services and landing is for non-traffic or non-commercial traffic purposes; or
(b) the aircraft is engaged in scheduled international air services and landing is for non- traffic purposes;
as provided for under the Chicago Convention on International Civil Aviation or the International Air Services Transit Agreement.
2. Paragraph 1 shall not apply to flights for the sole purpose of evacuating citizens of the Union and their family members from Syria.
3. It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibition referred to in paragraph 1.]
CHAPTER VIIU.K. GENERAL AND FINAL PROVISIONS
Article 27U.K.
No claims, including for compensation or indemnification or any other claim of this kind, such as a claim of set-off, fines or claims under a guarantee, claims for extension or payment of a bond, financial guarantee, including claims arising from letters of credit and similar instruments in connection with any contract or transaction the performance of which was affected, directly or indirectly, in whole or in part, by the measures imposed by this Regulation, should be granted to the Government of Syria, its public bodies, corporations and agencies, or to any person or entity claiming through it or for its benefit.
Article 28U.K.
The prohibitions set out in this Regulation shall not give rise to any liability of any kind on the part of the natural or legal person, entity or body concerned if they did not know, and had no reasonable cause to suspect, that their actions would infringe the prohibition in question.
Article 29U.K.
1.Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, natural and legal persons, entities and bodies shall:
(a)supply immediately any information which would facilitate compliance with this Regulation, such as accounts and amounts frozen in accordance with Article 14, to the competent authority in the Member State where they are resident or located, as indicated on the websites listed in Annex III, and shall transmit such information, either directly or through the Member States, to the Commission; and
(b)cooperate with that competent authority in any verification of this information.
2.Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received.
Article 30U.K.
Member States and the Commission shall immediately inform each other of the measures taken under this Regulation and shall supply each other with any other relevant information at their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgments handed down by national courts.
Article 31U.K.
The Commission shall be empowered to amend Annex III on the basis of information supplied by Member States.
Article 32U.K.
1.Where the Council decides to subject a natural or legal person, entity or body to the measures referred to in Article 14, it shall amend Annex II or Annex IIa accordingly.
2.The Council shall communicate its decision, including the grounds for listing, to the natural or legal person, entity or body referred to in paragraph 1, either directly, if the address is known, or through the publication of a notice, providing such natural or legal person, entity or body with an opportunity to present observations.
3.Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the natural or legal person, entity or body accordingly.
4.The lists in Annexes II and IIa shall be reviewed at regular intervals and at least every 12 months.
Article 33U.K.
1.Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.
2.Member States shall notify the Commission of those rules without delay after 19 January 2012 and shall notify it of any subsequent amendment.
Article 34U.K.
Where there is, in this Regulation, a requirement to notify, inform or otherwise communicate with the Commission, the address and other contact details to be used for such communication shall be those indicated in Annex III.
Article 35U.K.
This Regulation shall apply:
within the territory of the Union, including its airspace;
on board any aircraft or any vessel under the jurisdiction of a Member State;
to any person inside or outside the territory of the Union who is a national of a Member State;
to any legal person, entity or body which is incorporated or constituted under the law of a Member State;
to any legal person, entity or body in respect of any business done in whole or in part within the Union.
Article 36U.K.
Regulation (EU) No 442/2011 is repealed.
Article 37U.K.
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
F8ANNEX IU.K. [F8LIST OF EQUIPMENT WHICH MIGHT BE USED FOR INTERNAL REPRESSION AS REFERRED TO IN ARTICLE 2 AND ARTICLE 3]
[ F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
[F4ANNEX Ia U.K. LIST OF EQUIPMENT, GOODS AND TECHNOLOGY REFERRED TO IN ARTICLE 2a
PART 1 U.K.
Introductory Notes U.K.
1. This Part comprises goods, software and technology listed in Annex I to Regulation (EC) No 428/2009 (18) . U.K.
2. Unless otherwise stated, the reference numbers used in the column below entitled ‘ No ’ refer to the control list number and the column below entitled ‘ Description ’ refers to the control descriptions of dual-use items set out in Annex I to Regulation (EC) No 428/2009. U.K.
3. Definitions of terms between ‘ single quotation marks ’ are given in a technical note to the relevant item. U.K.
4. Definitions of terms between ‘ double quotation marks ’ can be found in Annex I to Regulation (EC) No 428/2009. U.K.
General Notes U.K.
1. The object of the controls contained in this Annex should not be defeated by the export of any non-controlled goods (including plant) containing one or more controlled components when the controlled component or components is/are the principal element of the goods and can feasibly be removed or used for other purposes. U.K.
NB: In judging whether the controlled component or components is/are to be considered the principal element, it is necessary to weigh the factors of quantity, value and technological know-how involved and other special circumstances which might establish the controlled component or components as the principal element of the goods being procured. U.K.
2. The items specified in this Annex include both new and used goods. U.K.
General Technology Note (GTN) U.K.
(To be read in conjunction with Section B of this Part)
1. The sale, supply, transfer or export of ‘ technology ’ which is ‘ required ’ for the ‘ development ’ , ‘ production ’ or ‘ use ’ of goods the sale, supply, transfer or export of which is controlled in Sections A, B, C and D of this Part, is controlled in accordance with the provisions of Section E. U.K.
2. The ‘ technology ’ ‘ required ’ for the ‘ development ’ , ‘ production ’ or ‘ use ’ of goods under control remains under control even when it is applicable to non-controlled goods. U.K.
3. Controls do not apply to that ‘ technology ’ which is the minimum necessary for the installation, operation, maintenance (checking) and repair of those goods which are not controlled or the export of which has been authorised in accordance with this Regulation. U.K.
4. Controls on ‘ technology ’ transfer do not apply to information ‘ in the public domain ’ , to ‘ basic scientific research ’ or to the minimum necessary information for patent applications. U.K.
A. EQUIPMENT U.K.
B. TEST AND PRODUCTION EQUIPMENT U.K.
C. MATERIALS U.K.
a Council Directive 2005/94/EC of 20 December 2005 on Community measures for the control of avian influenza ( OJ L 10, 14.1.2006, p. 16 ). | |
No | Description |
---|---|
I.B.1C350 | Chemicals, which may be used as precursors for toxic chemical agents, as follows, and ‘ chemical mixtures ’ containing one or more thereof: NB: SEE ALSO MILITARY GOODS CONTROLS AND 1C450.1. Thiodiglycol (111-48-8); 2. Phosphorus oxychloride (10025-87-3); 3. Dimethyl methylphosphonate (756-79-6); 4. SEE MILITARY GOODS CONTROLS FOR Methyl phosphonyl difluoride (676-99-3); 5. Methyl phosphonyl dichloride (676-97-1); 6. Dimethyl phosphite (DMP) (868-85-9); 7. Phosphorus trichloride (7719-12-2); 8. Trimethyl phosphite (TMP) (121-45-9); 9. Thionyl chloride (7719-09-7); 10. 3-Hydroxy-1-methylpiperidine (3554-74-3); 11. N,N-Diisopropyl-(beta)-aminoethyl chloride (96-79-7); 12. N,N-Diisopropyl-(beta)-aminoethane thiol (5842-07-9); 13. 3-Quinuclidinol (1619-34-7); 14. Potassium fluoride (7789-23-3); 15. 2-Chloroethanol (107-07-3); 16. Dimethylamine (124-40-3); 17. Diethyl ethylphosphonate (78-38-6); 18. Diethyl-N,N-dimethylphosphoramidate (2404-03-7); 19. Diethyl phosphite (762-04-9); 20. Dimethylamine hydrochloride (506-59-2); 21. Ethyl phosphinyl dichloride (1498-40-4); 22. Ethyl phosphonyl dichloride (1066-50-8); 23. SEE MILITARY GOODS CONTROLS FOR Ethyl phosphonyl difluoride (753-98-0); 24. Hydrogen fluoride (7664-39-3); 25. Methyl benzilate (76-89-1); 26. Methyl phosphinyl dichloride (676-83-5); 27. N,N-Diisopropyl-(beta)-amino ethanol (96-80-0); 28. Pinacolyl alcohol (464-07-3); 29. SEE MILITARY GOODS CONTROLS FOR O-Ethyl-2-diisopropylaminoethyl methyl phosphonite (QL) (57856-11-8); 30. Triethyl phosphite (122-52-1); 31. Arsenic trichloride (7784-34-1); 32. Benzilic acid (76-93-7); 33. Diethyl methylphosphonite (15715-41-0); 34. Dimethyl ethylphosphonate (6163-75-3); 35. Ethyl phosphinyl difluoride (430-78-4); 36. Methyl phosphinyl difluoride (753-59-3); 37. 3-Quinuclidone (3731-38-2); 38. Phosphorus pentachloride (10026-13-8); 39. Pinacolone (75-97-8); 40. Potassium cyanide (151-50-8); 41. Potassium bifluoride (7789-29-9); 42. Ammonium hydrogen fluoride or ammonium bifluoride (1341-49-7); 43. Sodium fluoride (7681-49-4); 44. Sodium bifluoride (1333-83-1); 45. Sodium cyanide (143-33-9); 46. Triethanolamine (102-71-6); 47. Phosphorus pentasulphide (1314-80-3); 48. Di-isopropylamine (108-18-9); 49. Diethylaminoethanol (100-37-8); 50. Sodium sulphide (1313-82-2); 51. Sulphur monochloride (10025-67-9); 52. Sulphur dichloride (10545-99-0); 53. Triethanolamine hydrochloride (637-39-8); 54. N,N-Diisopropyl-(Beta)-aminoethyl chloride hydrochloride (4261-68-1); 55. Methylphosphonic acid (993-13-5); 56. Diethyl methylphosphonate (683-08-9); 57. N,N-Dimethylaminophosphoryl dichloride (677-43-0); 58. Triisopropyl phosphite (116-17-6); 59. Ethyldiethanolamine (139-87-7); 60. O,O-Diethyl phosphorothioate (2465-65-8); 61. O,O-Diethyl phosphorodithioate (298-06-6); 62. Sodium hexafluorosilicate (16893-85-9); 63. Methylphosphonothioic dichloride (676-98-2). Note 1: For exports to ‘ States not Party to the Chemical Weapons Convention ’ , 1C350 does not control ‘ chemical mixtures ’ containing one or more of the chemicals specified in entries 1C350.1, .3, .5, .11, .12, .13, .17, .18, .21, .22, .26, .27, .28, .31, .32, .33, .34, .35, .36, .54, .55, .56, .57 and .63 in which no individually specified chemical constitutes more than 10 % by the weight of the mixture.Note 2: 1C350 does not control ‘ chemical mixtures ’ containing one or more of the chemicals specified in entries 1C350.2, .6, .7, .8, .9, .10, .14, .15, .16, .19, .20, .24, .25, .30, .37, .38, .39, .40, .41, .42, .43, .44, .45, .46, .47, .48, .49, .50, .51, .52, .53, .58, .59, .60, .61 and .62 in which no individually specified chemical constitutes more than 30 % by the weight of the mixture.Note 3: 1C350 does not control products identified as consumer goods packaged for retail sale for personal use or packaged for individual use. |
I.B.1C351 | Human pathogens, zoonoses and ‘ toxins ’ , as follows: a. Viruses, whether natural, enhanced or modified, either in the form of ‘ isolated live cultures ’ or as material including living material which has been deliberately inoculated or contaminated with such cultures, as follows: 1. Andes virus; 2. Chapare virus; 3. Chikungunya virus; 4. Choclo virus; 5. Congo-Crimean haemorrhagic fever virus; 6. Dengue fever virus; 7. Dobrava-Belgrade virus; 8. Eastern equine encephalitis virus; 9. Ebola virus; 10. Guanarito virus; 11. Hantaan virus; 12. Hendra virus (Equine morbillivirus); 13. Japanese encephalitis virus; 14. Junin virus; 15. Kyasanur Forest virus; 16. Laguna Negra virus; 17. Lassa fever virus; 18. Louping ill virus; 19. Lujo virus; 20. Lymphocytic choriomeningitis virus; 21. Machupo virus; 22. Marburg virus; 23. Monkey pox virus; 24. Murray Valley encephalitis virus; 25. Nipah virus; 26. Omsk haemorrhagic fever virus; 27. Oropouche virus; 28. Powassan virus; 29. Rift Valley fever virus; 30. Rocio virus; 31. Sabia virus; 32. Seoul virus; 33. Sin nombre virus; 34. St Louis encephalitis virus; 35. Tick-borne encephalitis virus (Russian Spring-Summer encephalitis virus); 36. Variola virus; 37. Venezuelan equine encephalitis virus; 38. Western equine encephalitis virus; 39. Yellow fever virus; b. Rickettsiae, whether natural, enhanced or modified, either in the form of ‘ isolated live cultures ’ or as material including living material which has been deliberately inoculated or contaminated with such cultures, as follows: 1. Coxiella burnetii; 2. Bartonella quintana (Rochalimaea quintana, Rickettsia quintana); 3. Rickettsia prowasecki; 4. Rickettsia rickettsii; c. Bacteria, whether natural, enhanced or modified, either in the form of ‘ isolated live cultures ’ or as material including living material which has been deliberately inoculated or contaminated with such cultures, as follows: 1. Bacillus anthracis; 2. Brucella abortus; 3. Brucella melitensis; 4. Brucella suis; 5. Chlamydia psittaci; 6. Clostridium botulinum; 7. Francisella tularensis; 8. Burkholderia mallei (Pseudomonas mallei); 9. Burkholderia pseudomallei (Pseudomonas pseudomallei); 10. Salmonella typhi; 11. Shigella dysenteriae; 12. Vibrio cholerae; 13. Yersinia pestis; 14. Clostridium perfringens epsilon toxin producing types; 15. Enterohaemorrhagic Escherichia coli, serotype O157 and other verotoxin producing serotypes; d. ‘ Toxins ’ , as follows, and ‘ sub-unit of toxins ’ thereof: 1. Botulinum toxins; 2. Clostridium perfringens toxins; 3. Conotoxin; 4. Ricin; 5. Saxitoxin; 6. Shiga toxin; 7. Staphylococcus aureus toxins; 8. Tetrodotoxin; 9. Verotoxin and shiga-like ribosome inactivating proteins; 10. Microcystin (Cyanginosin); 11. Aflatoxins; 12. Abrin; 13. Cholera toxin; 14. Diacetoxyscirpenol toxin; 15. T-2 toxin; 16. HT-2 toxin; 17. Modeccin; 18. Volkensin; 19. Viscum album Lectin 1 (Viscumin); Note: 1C351.d. does not control botulinum toxins or conotoxins in product form meeting all of the following criteria:1. Are pharmaceutical formulations designed for human administration in the treatment of medical conditions ; 2. Are pre-packaged for distribution as medical products ; 3. Are authorised by a state authority to be marketed as medical products. e. Fungi, whether natural, enhanced or modified, either in the form of ‘ isolated live cultures ’ or as material including living material which has been deliberately inoculated or contaminated with such cultures, as follows: 1. Coccidioides immitis; 2. Coccidioides posadasii. Note: 1C351 does not control ‘ vaccines ’ or ‘ immunotoxins ’ . |
I.B.1C352 | Animal pathogens, as follows: a. Viruses, whether natural, enhanced or modified, either in the form of ‘ isolated live cultures ’ or as material including living material which has been deliberately inoculated or contaminated with such cultures, as follows: 1. African swine fever virus; 2. Avian influenza virus, which are: a. Uncharacterised; or b. Defined in Annex I(2) to Directive 2005/94/EC a as having high pathogenicity, as follows: 1. Type A viruses with an IVPI (intravenous pathogenicity index) in six-week-old chickens of greater than 1,2; or 2. Type A viruses of the subtypes H5 or H7 with genome sequences codified for multiple basic amino acids at the cleavage site of the haemagglutinin molecule similar to that observed for other HPAI viruses, indicating that the haemagglutinin molecule can be cleaved by a host ubiquitous protease; 3. Bluetongue virus; 4. Foot and mouth disease virus; 5. Goat pox virus; 6. Porcine herpes virus (Aujeszky’s disease); 7. Swine fever virus (Hog cholera virus); 8. Lyssa virus; 9. Newcastle disease virus; 10. Peste des petits ruminants virus; 11. Porcine enterovirus type 9 (swine vesicular disease virus); 12. Rinderpest virus; 13. Sheep pox virus; 14. Teschen disease virus; 15. Vesicular stomatitis virus; 16. Lumpy skin disease virus; 17. African horse sickness virus; b. Mycoplasmas, whether natural, enhanced or modified, either in the form of ‘ isolated live cultures ’ or as material including living material which has been deliberately inoculated or contaminated with such cultures, as follows: 1. Mycoplasma mycoides subspecies mycoides SC (small colony); 2. Mycoplasma capricolum subspecies capripneumoniae. Note: 1C352 does not control ‘ vaccines ’ . |
I.B.1C353 | Genetic elements and genetically modified organisms, as follows: a. Genetically modified organisms or genetic elements that contain nucleic acid sequences associated with pathogenicity of organisms specified in 1C351.a., 1C351.b., 1C351.c, 1C351.e., 1C352 or 1C354; b. Genetically modified organisms or genetic elements that contain nucleic acid sequences coding for any of the ‘ toxins ’ specified in 1C351.d. or ‘ sub-units of toxins ’ thereof. Technical Notes :1. Genetic elements include, inter alia, chromosomes, genomes, plasmids, transposons and vectors whether genetically modified or unmodified.2. Nucleic acid sequences associated with the pathogenicity of any of the micro-organisms specified in 1C351.a., 1C351.b., 1C351.c., 1C351.e., 1C352 or 1C354 means any sequence specific to the specified micro-organism that:a. In itself or through its transcribed or translated products represents a significant hazard to human, animal or plant health; or b. Is known to enhance the ability of a specified micro-organism, or any other organism into which it may be inserted or otherwise integrated, to cause serious harm to humans, animals or plant health. Note: 1C353 does not apply to nucleic acid sequences associated with the pathogenicity of enterohaemorrhagic Escherichia coli, serotype O157 and other verotoxin producing strains, other than those coding for the verotoxin, or for its sub-units. |
I.B.1C354 | Plant pathogens, as follows: a. Viruses, whether natural, enhanced or modified, either in the form of ‘ isolated live cultures ’ or as material including living material which has been deliberately inoculated or contaminated with such cultures, as follows: 1. Potato Andean latent tymovirus; 2. Potato spindle tuber viroid; b. Bacteria, whether natural, enhanced or modified, either in the form of ‘ isolated live cultures ’ or as material which has been deliberately inoculated or contaminated with such cultures, as follows: 1. Xanthomonas albilineans; 2. Xanthomonas campestris pv. citri including strains referred to as Xanthomonas campestris pv. citri types A,B,C,D,E or otherwise classified as Xanthomonas citri, Xanthomonas campestris pv. aurantifolia or Xanthomonas campestris pv. citrumelo; 3. Xanthomonas oryzae pv. Oryzae (Pseudomonas campestris pv. Oryzae); 4. Clavibacter michiganensis subsp. Sepedonicus (Corynebacterium michiganensis subsp. Sepedonicum or Corynebacterium Sepedonicum); 5. Ralstonia solanacearum Races 2 and 3 (Pseudomonas solanacearum Races 2 and 3 or Burkholderia solanacearum Races 2 and 3); c. Fungi, whether natural, enhanced or modified, either in the form of ‘ isolated live cultures ’ or as material which has been deliberately inoculated or contaminated with such cultures, as follows: 1. Colletotrichum coffeanum var. virulans (Colletotrichum kahawae); 2. Cochliobolus miyabeanus (Helminthosporium oryzae); 3. Microcyclus ulei (syn. Dothidella ulei); 4. Puccinia graminis (syn. Puccinia graminis f. sp. tritici); 5. Puccinia striiformis (syn. Puccinia glumarum); 6. Magnaporthe grisea (pyricularia grisea/pyricularia oryzae). |
I.B.1C450 | Toxic chemicals and toxic chemical precursors, as follows, and ‘ chemical mixtures ’ containing one or more thereof: NB: SEE ALSO ENTRY 1C350, 1C351.d. AND MILITARY GOODS CONTROLS.a. Toxic chemicals, as follows: 1. Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl] phosphorothiolate (78-53-5) and corresponding alkylated or protonated salts; 2. PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-propene (382-21-8); 3. SEE MILITARY GOODS CONTROLS FOR BZ: 3-Quinuclidinyl benzilate (6581-06-2); 4. Phosgene: Carbonyl dichloride (75-44-5); 5. Cyanogen chloride (506-77-4); 6. Hydrogen cyanide (74-90-8); 7. Chloropicrin: Trichloronitromethane (76-06-2); Note 1: For exports to ‘ States not Party to the Chemical Weapons Convention ’ , 1C450 does not control ‘ chemical mixtures ’ containing one or more of the chemicals specified in entries 1C450.a.1. and .a.2. in which no individually specified chemical constitutes more than 1 % by the weight of the mixture.Note 2: 1C450 does not control ‘ chemical mixtures ’ containing one or more of the chemicals specified in entries 1C450.a.4., .a.5., .a.6. and .a.7. in which no individually specified chemical constitutes more than 30 % by the weight of the mixture.Note 3: 1C450 does not control products identified as consumer goods packaged for retail sale for personal use or packaged for individual use.b. Toxic chemical precursors, as follows: 1. Chemicals, other than those specified in the Military Goods Controls or in 1C350, containing a phosphorus atom to which is bonded one methyl, ethyl or propyl (normal or iso) group but not further carbon atoms; Note: 1C450.b.1 does not control Fonofos: O-Ethyl S-phenyl ethylphosphonothiolothionate (944-22-9);2. N,N-Dialkyl [methyl, ethyl or propyl (normal or iso)] phosphoramidic dihalides, other than N,N-Dimethylaminophosphoryl dichloride; NB: See 1C350.57. for N,N-Dimethylaminophosphoryl dichloride.3. Dialkyl [methyl, ethyl or propyl (normal or iso)] N,N-dialkyl [methyl, ethyl or propyl (normal or iso)]-phosphoramidates, other than Diethyl-N,N-dimethylphosphoramidate which is specified in 1C350; 4. N,N-Dialkyl [methyl, ethyl or propyl (normal or iso)] aminoethyl-2-chlorides and corresponding protonated salts, other than N,N-Diisopropyl-(beta)-aminoethyl chloride or N,N-Diisopropyl-(beta)-aminoethyl chloride hydrochloride which are specified in 1C350; 5. N,N-Dialkyl [methyl, ethyl or propyl (normal or iso)] aminoethane-2-ols and corresponding protonated salts, other than N,N-Diisopropyl-(beta)-aminoethanol (96-80-0) and N,N-Diethylaminoethanol (100-37-8) which are specified in 1C350; Note: 1C450.b.5. does not control the following:a. N,N-Dimethylaminoethanol (108-01-0) and corresponding protonated salts ; b. Protonated salts of N,N-Diethylaminoethanol (100-37-8). 6. N,N-Dialkyl [methyl, ethyl or propyl (normal or iso)] aminoethane-2-thiols and corresponding protonated salts, other than N,N-Diisopropyl-(beta)-aminoethane thiol which is specified in 1C350; 7. See 1C350 for ethyldiethanolamine (139-87-7); 8. Methyldiethanolamine (105-59-9). Note 1: For exports to ‘ States not Party to the Chemical Weapons Convention ’ , 1C450 does not control ‘ chemical mixtures ’ containing one or more of the chemicals specified in entries 1C450.b.1., .b.2., .b.3., .b.4., .b.5. and .b.6. in which no individually specified chemical constitutes more than 10 % by the weight of the mixture.Note 2: 1C450 does not control ‘ chemical mixtures ’ containing one or more of the chemicals specified in entry 1C450.b.8. in which no individually specified chemical constitutes more than 30 % by the weight of the mixture.Note 3: 1C450 does not control products identified as consumer goods packaged for retail sale for personal use or packaged for individual use. |
D. SOFTWARE U.K.
No | Description |
---|---|
I.B.1D003 | ‘ Software ’ specially designed or modified to enable equipment to perform the functions of equipment specified in 1A004.c. or 1A004.d. |
I.B.2D351 | ‘ Software ’ , other than that specified in 1D003, specially designed for ‘ use ’ of equipment specified in 2B351. |
I.B.9D001 | ‘ Software ’ specially designed or modified for the ‘ development ’ of equipment or ‘ technology ’ , specified in 9A012. |
I.B.9D002 | ‘ Software ’ specially designed or modified for the ‘ production ’ of equipment specified in 9A012. |
E. TECHNOLOGY U.K.
PART 2 U.K.
Introductory Notes U.K.
1. Unless otherwise stated, reference numbers used in the column below entitled ‘ Description ’ refer to the descriptions of dual-use items set out in Annex I to Regulation (EC) No 428/2009. U.K.
2. A reference number in the column below entitled ‘ Related item from Annex I to Regulation (EC) No 428/2009 ’ means that the characteristics of the item described in the ‘ Description ’ column lie outside the parameters set out in the description of the dual-use entry referred to. U.K.
3. Definitions of terms between ‘ single quotation marks ’ are given in a technical note to the relevant item. U.K.
4. Definitions of terms between ‘ double quotation marks ’ can be found in Annex I to Regulation (EC) No 428/2009. U.K.
General Notes U.K.
1. The object of the controls contained in this Annex should not be defeated by the export of any non-controlled goods (including plant) containing one or more controlled components when the controlled component or components is/are the principal element of the goods and can feasibly be removed or used for other purposes. U.K.
NB: In judging whether the controlled component or components is/are to be considered the principal element, it is necessary to weigh the factors of quantity, value and technological know-how involved and other special circumstances which might establish the controlled component or components as the principal element of the goods being procured. U.K.
2. The items specified in this Annex include both new and used goods. U.K.
General Technology Note (GTN) U.K.
(To be read in conjunction with Section B of Part 1)
1. The sale, supply, transfer or export of ‘ technology ’ which is ‘ required ’ for the ‘ development ’ , ‘ production ’ or ‘ use ’ of goods the sale, supply, transfer or export of which is controlled in Section I.C.A of this Part, is controlled in accordance with the provisions of Section I.C.B of this Part. U.K.
2. The ‘ technology ’ ‘ required ’ for the ‘ development ’ , ‘ production ’ or ‘ use ’ of goods under control remains under control even when it is applicable to non-controlled goods. U.K.
3. Controls do not apply to that ‘ technology ’ which is the minimum necessary for the installation, operation, maintenance (checking) and repair of those goods which are not controlled or the export of which has been authorised in accordance with this Regulation. U.K.
4. Controls on ‘ technology ’ transfer do not apply to information ‘ in the public domain ’ , to ‘ basic scientific research ’ or to the minimum necessary information for patent applications. U.K.
I.C.A. GOODS U.K.
(Materials and chemicals)
No | Description | Related item from Annex I to Regulation (EC) No 428/2009 |
---|---|---|
I.C.A.001 | Chemicals at 95 % concentration or greater, as follows: 1. Ethylene dichloride, (CAS 107-06-2) | |
I.C.A.002 | Chemicals at 95 % concentration or greater, as follows: 1. Nitromethane, (CAS 75-52-5) 2. Picric acid, (CAS 88-89-1) | |
I.C.A.003 | Chemicals at 95 % concentration or greater, as follows: 1. Aluminum chloride, (CAS 7446-70-0) 2. Arsenic, (CAS 7440-38-2) 3. Arsenic trioxide, (CAS 1327-53-3) 4. Bis(2-chloroethyl)ethylamine hydrochloride, (CAS 3590-07-6) 5. Bis(2-chloroethyl)methylamine hydrochloride, (CAS 55-86-7) 6. Tris(2-chloroethyl)amine hydrochloride, (CAS 817-09-4) |
I.C.B. TECHNOLOGY U.K.
[F14ANNEX II U.K. List of natural and legal persons, entities or bodies referred to in Articles 14 and 15(1)(a)
Textual Amendments
[X1A.
Persons
Editorial Information
B.
Entities
Name | Identifying information | Reasons | Date of listing | |
---|---|---|---|---|
1. | Bena Properties | Controlled by Rami Makhlouf; provides funding to the regime. | 23.6.2011 | |
2. | Al Mashreq Investment Fund (AMIF) (alias Sunduq Al Mashrek Al Istithmari) | P.O. Box 108, Damascus; Tel.: 963 112110059 / 963 112110043 Fax: 963 933333149 | Controlled by Rami Makhlouf; provides funding to the regime. | 23.6.2011 |
3. | Hamcho International (Hamsho International Group) | Baghdad Street, P.O. Box 8254, Damascus; Tel.: 963 112316675 Fax: 963 112318875; Website: www.hamshointl.com Email: info@hamshointl.com and hamshogroup@yahoo.com | Controlled by Mohammad Hamcho or Hamsho; provides funding to the regime. | 23.6.2011 |
4. | Military Housing Establishment (alias MILIHOUSE) | Public works company controlled by Riyad Shalish and Ministry of Defence; provides funding to the regime. | 23.6.2011 | |
5. | Political Security Directorate | Syrian government agency directly involved in repression. | 23.8.2011 | |
6. | General Intelligence Directorate | Syrian government agency directly involved in repression. | 23.8.2011 | |
7. | Military Intelligence Directorate | Syrian government agency directly involved in repression. | 23.8.2011 | |
8. | Air Force Intelligence Agency | Syrian government agency directly involved in repression. | 23.8.2011 | |
9. | IRGC Qods Force (Quds Force) | Teheran, Iran | The Qods (or Quds) Force is a specialist arm of the Iranian Islamic Revolutionary Guard Corps (IRGC). The Qods Force is involved in providing equipment and support to help the Syria regime suppress protests in Syria. IRGC Qods Force has provided technical assistance, equipment and support to the Syrian security services to repress civilian protest movements. | 23.8.2011 |
10. | Mada Transport | Subsidiary of Cham Holding (Sehanya Dara'a Highway, PO Box 9525, Tel: 00 963 11 99 62) | Economic entity financing the regime. | 2.9.2011 |
11. | Cham Investment Group | Subsidiary of Cham Holding (Sehanya Dara'a Highway, PO Box 9525, Tel: 00 963 11 99 62) | Economic entity financing the regime. | 2.9.2011 |
12. | Real Estate Bank | Insurance Bldg- Yousef Al-Azmeh Square, Damascus P.O. Box: 2337 Damascus Syrian Arab Republic; Tel: (+963) 11 2456777 and 2218602; Fax: (+963) 11 2237938 and 2211186; Bank's email: Publicrelations@reb.sy Website: www.reb.sy | State-owned bank providing financial support for the regime. | 2.9.2011 |
13. | Addounia TV (a.k.a. Dounia TV) | Tel: +963-11-5667274; +963-11-5667271; Fax: +963-11-5667272; Website: http://www.addounia.tv | Addounia TV has incited violence against the civilian population in Syria. | 23.9.2011 |
14. | Cham Holding | Cham Holding Building Daraa Highway - Ashrafiyat Sahnaya Rif Dimashq – Syria P.O. Box 9525; Tel +963 (11) 9962; +963 (11) 668 14000; +963 (11) 673 1044; Fax +963 (11) 673 1274; Email: info@chamholding.sy Website: www.chamholding.sy | Controlled by Rami Makhlouf; largest holding company in Syria, benefiting from and supporting the regime. | 23.9.2011 |
15. | El-Tel. Co. (El-Tel. Middle East Company) | Address: Dair Ali Jordan Highway, P.O. Box 13052, Damascus, Syria; Tel. +963-11-2212345; Fax +963-11-44694450 Email: sales@eltelme.com Website: www.eltelme.com | Manufacturing and supplying communication and transmission towers and other equipment for the Syrian army. | 23.9.2011 |
16. | Ramak Constructions Co. | Address: Dara'a Highway, Damascus, Syria; Tel: +963-11-6858111; Mobile: +963-933-240231 | Construction of military barracks, border post barracks and other buildings for Army needs. | 23.9.2011 |
17. | Souruh Company (a.k.a. SOROH Al Cham Company) | Address: Adra Free Zone Area Damascus – Syria; Tel: +963-11-5327266; Mobile: +963-933-526812; +963-932-878282; Fax:+963-11-5316396 Email: sorohco@gmail.com Website: http://sites.google.com/site/sorohco | Investment in local military industrial projects, manufacturing weapons parts and related items. 100 % of the company is owned by Rami Makhlouf. | 23.9.2011 |
18. | Syriatel | Thawra Street, Ste Building 6th Floor, BP 2900; Tel: +963 11 61 26 270; Fax: +963 11 23 73 97 19; Email: info@syriatel.com.sy; Website: http://syriatel.sy/ | Controlled by Rami Makhlouf; provides financial support to the regime: through its licensing contract it pays 50 % of its profits to the Government. | 23.9.2011 |
19. | Cham Press TV | Al Qudsi building, 2nd Floor - Baramkeh - Damas; Tel: +963-11-2260805; Fax: +963-11-2260806 Email: mail@champress.com Website: www.champress.net | Television channel which participates in campaigns to spread disinformation and incite violence against demonstrators. | 1.12.2011 |
20. | Al Watan | Al Watan Newspaper-Damascus – Duty Free Zone; Tel: 00963 11 2137400; Fax: 00963 11 2139928 | Daily newspaper which participates in campaigns to spread disinformation and incite violence against demonstrators. | 1.12.2011 |
21. | Centre d'études et de recherches syrien (CERS) (a.k.a.; Centre d'Etude et de Recherche Scientifique (CERS); Scientific Studies and Research Center (SSRC); Centre de Recherche de Kaboun) | Barzeh Street, PO Box 4470, Damas | Provides support to the Syrian army for the acquisition of equipment used directly for the surveillance and repression of demonstrators. | 1.12.2011 |
22. | Business Lab | Maysat Square, Al Rasafi Street Bldg. 9, PO Box 7155, Damascus; Tel: 963112725499; Fax: 963112725399 | Front company for the acquisition of sensitive equipment by the CERS. | 1.12.2011 |
23. | Industrial Solutions | Baghdad Street 5, PO Box 6394, Damascus; Tel /fax: 63114471080 | Front company for the acquisition of sensitive equipment by the CERS. | 1.12.2011 |
24. | Mechanical Construction Factory (MCF) | P.O. Box 35202, Industrial Zone, Al-Qadam Road, Damas | Front company for the acquisition of sensitive equipment by the CERS. | 1.12.2011 |
25. | Syronics – Syrian Arab Co. for Electronic Industries | Kaboon Street, P.O.Box 5966, Damascus; Tel.: +963-11-5111352; Fax: +963-11-5110117 | Front company for the acquisition of sensitive equipment by the CERS. | 1.12.2011 |
26. | Handasieh – Organization for Engineering Industries | P.O. Box 5966, Abou Bakr Al-Seddeq St., Damascus and PO BOX 2849 Al-Moutanabi Street, Damascus and PO BOX 21120 Baramkeh, Damascus; Tel: 963112121816; 963112121834; 963112214650; 963112212743; 963115110117 | Front company for the acquisition of sensitive equipment by the CERS. | 1.12.2011 |
27. | Syria Trading Oil Company (Sytrol) | Prime Minister Building, 17 Street Nissan, Damascus, Syria | State-owned company responsible for all oil exports from Syria. Provides financial support to the regime. | 1.12.2011 |
28. | General Petroleum Corporation (GPC) | New Sham - Building of Syrian Oil Company, PO Box 60694, Damascus, Syria BOX: 60694; Tel: 963113141635; Fax: 963113141634; Email: info@gpc-sy.com | State-owned oil company. Provides financial support to the regime. | 1.12.2011 |
29. | Al Furat Petroleum Company | Dummar - New Sham -Western Dummer 1st. Island -Property 2299- AFPC Building P.O. Box 7660 Damascus, Syria; Tel: 00963-11- (6183333); 00963-11- (31913333); Fax: 00963-11- (6184444); 00963-11- (31914444); afpc@afpc.net.sy | Joint venture 50 % owned by GPC. Provides financial support to the regime. | 1.12.2011 |
30. | Industrial Bank | Dar Al Muhanisen Building, 7th Floor, Maysaloun Street, P.O. Box 7572 Damascus, Syria; Tel: +963 11-222-8200; +963 11-222-7910; Fax: +963 11-222-8412 | State-owned bank. Provides financial support to the regime. | 23.1.2012 |
31. | Popular Credit Bank | Dar Al Muhanisen Building, 6th Floor, Maysaloun Street, Damascus, Syria; Tel: +963 11-222-7604; +963 11-221-8376; Fax: +963 11-221-0124 | State-owned bank. Provides financial support to the regime. | 23.1.2012 |
32. | Saving Bank | Syria-Damascus – Merjah – Al-Furat St. P.O. Box: 5467; Fax: 224 4909; 245 3471; Tel: 222 8403; email: s.bank@scs-net.org, post-gm@net.sy | State-owned bank. Provides financial support to the regime. | 23.1.2012 |
33. | Agricultural Cooperative Bank | Agricultural Cooperative Bank Building, Damascus Tajhez, P.O. Box 4325, Damascus, Syria; Tel: +963 11-221-3462; +963 11-222-1393; Fax: +963 11-224-1261; Website: www.agrobank.org | State-owned bank. Provides financial support to the regime. | 23.1.2012 |
34. | Syrian Lebanese Commercial Bank | Syrian Lebanese Commercial Bank Building, 6th Floor, Makdessi Street, Hamra, P.O. Box 11-8701, Beirut, Lebanon; Tel: +961 1-741666; Fax: +961 1-738228; +961 1-753215; +961 1-736629; Website: www.slcb.com.lb | Subsidiary of the Commercial Bank of Syria already listed. Provides financial support to the regime. | 23.1.2012 |
35. | Deir ez-Zur Petroleum Company | Dar Al Saadi Building 1st, 5th, and 6th Floor Zillat Street Mazza Area P.O. Box 9120 Damascus, Syria; Tel: +963 11-662-1175; +963 11-662-1400; Fax: +963 11-662-1848 | Joint venture of GPC. Provides financial support to the regime. | 23.1.2012 |
36. | Ebla Petroleum Company | Head Office Mazzeh Villat Ghabia Dar Es Saada 16, P.O. Box 9120, Damascus, Syria; Tel: +963 116691100 | Joint venture of GPC. Provides financial support to the regime. | 23.1.2012 |
37. | Dijla Petroleum Company | Building No. 653 – 1st Floor, Daraa Highway, P.O. Box 81, Damascus, Syria | Joint venture of GPC. Provides financial support to the regime. | 23.1.2012 |
38. | Central Bank of Syria | Syria, Damascus, Sabah Bahrat Square Postal address: Altjreda al Maghrebeh square, Damascus, Syrian Arab Republic, P.O. Box: 2254 | Providing financial support to the regime. | 27.2.2012 |
39. | Syrian Petroleum company | Address: Dummar Province, Expansion Square, Island 19-Building 32 P.O. BOX: 2849 or 3378; Phone: 00963-11-3137935 or 3137913; Fax: 00963-11-3137979 or 3137977; Email: spccom2@scs-net.org or spccom1@scs-net.org; Websites: www.spc.com.sy www.spc-sy.com | State-owned oil company. Provides financial support to the Syrian regime. | 23.3.2012 |
40. | Mahrukat Company (The Syrian Company for the Storage and Distribution of Petroleum Products) | Headquarters: Damascus – Al Adawi st., Petroleum building; Fax: 00963-11/4445796; Phone: 00963-11/44451348 – 4451349; Email: mahrukat@net.sy; Website: http://www.mahrukat.gov.sy/indexeng.php | State-owned oil company. Provides financial support to the Syrian regime. | 23.3.2012 |
41. | General Organisation of Tobacco | Salhieh Street 616, Damascus, Syria | Provides financial support to the Syrian regime. The General Organisation of Tobacco is wholly owned by the Syrian state. The profits that the organisation makes, including through the sale of licenses to market foreign brands of tobacco and taxes levied on imports of foreign brands of tobacco are transferred to the Syrian state. | 15.5.2012 |
42. | Ministry of Defence | Address: Umayyad Square, Damascus; Telephone: +963-11-7770700 | Syrian government branch directly involved in repression. | 26.6.2012 |
43. | Ministry of Interior | Address: Merjeh Square, Damascus; Telephone: +963-11-2219400; +963-11-2219401; +963-11-2220220; +963-11-2210404 | Syrian government branch directly involved in repression. | 26.6.2012 |
44. | Syrian National Security Bureau | Syrian government branch and element of the Syrian Ba'ath Party. Directly involved in repression. It directed Syrian security forces to use extreme force against demonstrators. | 26.6.2012 | |
45. | Syria International Islamic Bank (SIIB) (a.k.a.: Syrian International Islamic Bank; a.k.a. SIIB) | Location: Syria International Islamic Bank Building, Main Highway Road, Al Mazzeh Area, P.O. Box 35494, Damascus, Syria; Alt. Location: P.O. Box 35494, Mezza'h Vellat Sharqia'h, beside the Consulate of Saudi Arabia, Damascus, Syria | SIIB has acted as a front for the Commercial Bank of Syria, which has allowed that bank to circumvent sanctions imposed on it by the EU. From 2011 to 2012, SIIB surreptitiously facilitated financing worth almost $150 million on behalf of the Commercial Bank of Syria. Financial arrangements that were purportedly made by SIIB were actually made by the Commercial Bank of Syria. In addition to working with the Commercial Bank of Syria to circumvent sanctions, in 2012, SIIB facilitated several substantial payments for the Syrian Lebanese Commercial Bank, another bank already designated by the EU. In these ways, SIIB has contributed to providing financial support to the Syrian regime. | 26.6.2012 |
46. | General Organisation of Radio and TV (a.k.a. Syrian Directorate General of Radio & Television Est; a.k.a. General Radio and Television Corporation; a.k.a. Radio and Television Corporation; a.k.a. GORT) | Address: Al Oumaween Square, P.O. Box 250, Damascus, Syria; Telephone (963 11) 223 4930 | State-run agency subordinate to Syria's Ministry of Information and as such supports and promotes its information policy. It is responsible for operating Syria's state-owned television channels, two terrestrial and one satellite, as well as government radio stations. The GORT has incited violence against the civilian population in Syria, serving as a propaganda instrument for the Assad regime and spreading disinformation. | 26.6.2012 |
47. | Syrian Company for Oil Transport (a.k.a. Syrian Crude Oil Transportation Company; a.k.a. ‘ SCOT ’ ; a.k.a. ‘ SCOTRACO ’ ) | Banias Industrial Area, Latakia Entrance Way, P.O. Box 13, Banias, Syria; Website www.scot-syria.com; Email: scot50@scn-net.org | Syrian state owned oil company. Provides financial support to the regime. | 26.6.2012 |
48. | Drex Technologies S.A. | Incorporation date: 4 July 2000 ; Incorporation number: 394678; Director: Rami Makhlouf; Registered agent: Mossack Fonseca & Co (BVI) Ltd | Drex Technologies is wholly owned by Rami Makhlouf, who is listed under EU sanctions for providing financial support to the Syrian regime. Rami Makhlouf uses Drex Technologies to facilitate and manage his international financial holdings, including a majority share in SyriaTel, which the EU has previously listed on the grounds that it also provides financial support to the Syrian regime. | 24.7.2012 |
49. | Cotton Marketing Organisation | Address: Bab Al-Faraj P.O. Box 729, Aleppo; Tel.: +96321 2239495/6/7/8; Cmo-aleppo@mail.sy, www.cmo.gov.sy | State-owned company. Provides financial support to the Syrian regime. | 24.7.2012 |
50. | Syrian Arab Airlines (a.k.a. SAA, a.k.a. Syrian Air) | Al-Mohafazeh Square, P.O. Box 417, Damascus, Syria; Tel: +963112240774 | Public company controlled by the regime. Provides financial support for the regime. | 24.7.2012 |
51. | Drex Technologies Holding S.A. | Registered in Luxembourg under number B77616, formerly established at the following address: 17, rue Beaumont L-1219 Luxembourg | The beneficial owner of Drex Technologies Holding S.A. is Rami Makhlouf, who is listed under EU sanctions for providing financial support to the Syrian regime. | 17.8.2012 |
52. | Megatrade | Address: Aleppo Street, P.O. Box 5966, Damascus, Syria; Fax: 963114471081 | Acts as a proxy for the Scientific Studies and Research Centre (SSRC), which is listed. Involved in trade in dual use goods prohibited by EU sanctions for the Syrian government. | 16.10.2012 |
53. | Expert Partners | Address: Rukn Addin, Saladin Street, Building 5, PO Box: 7006, Damascus, Syria | Acts as a proxy for the Scientific Studies and Research Centre (SSRC), which is listed. Involved in trade in dual use goods prohibited by EU sanctions for the Syrian government. | 16.10.2012] |
ANNEX IIaU.K. LIST OF ENTITIES OR BODIES REFERRED TO IN ARTICLES 14 AND 15(1)(b)
Entities
Name | Identifying information | Reasons | Date of listing | |
---|---|---|---|---|
1. | Commercial Bank of Syria |
Website: http://cbs-bank.sy/En-index.php Tel.: +963 11 2218890 Fax: +963 11 2216975 general managment: dir.cbs@mail.sy | State-owned bank providing financial support to the regime. | 13.10.2011 |
[F12ANNEX III U.K. Websites for information on the competent authorities and address for notifications to the European Commission
A. Competent authorities in each Member State: U.K.
BELGIUM U.K.
http://www.diplomatie.be/eusanctions
BULGARIA U.K.
http://www.mfa.bg/en/pages/135/index.html
CZECH REPUBLIC U.K.
http://www.mfcr.cz/mezinarodnisankce
DENMARK U.K.
http://um.dk/da/politik-og-diplomati/retsorden/sanktioner/
GERMANY U.K.
http://www.bmwi.de/DE/Themen/Aussenwirtschaft/aussenwirtschaftsrecht,did=404888.html
ESTONIA U.K.
http://www.vm.ee/est/kat_622/
IRELAND U.K.
http://www.dfa.ie/home/index.aspx?id=28519
GREECE U.K.
http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html
SPAIN U.K.
http://www.maec.es/es/MenuPpal/Asuntos/Sanciones%20Internacionales/Paginas/Sanciones_%20Internacionales.aspx
FRANCE U.K.
http://www.diplomatie.gouv.fr/autorites-sanctions/
[F15CROATIA U.K.
http://www.mvep.hr/sankcije]
Textual Amendments
F15 Inserted by Council Regulation (EU) No 517/2013 of 13 May 2013 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, transport policy, energy, taxation, statistics, trans-European networks, judiciary and fundamental rights, justice, freedom and security, environment, customs union, external relations, foreign, security and defence policy and institutions, by reason of the accession of the Republic of Croatia.
ITALY U.K.
http://www.esteri.it/MAE/IT/Politica_Europea/Deroghe.htm
CYPRUS U.K.
http://www.mfa.gov.cy/sanctions
LATVIA U.K.
http://www.mfa.gov.lv/en/security/4539
LITHUANIA U.K.
http://www.urm.lt/sanctions
LUXEMBOURG U.K.
http://www.mae.lu/sanctions
HUNGARY U.K.
http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/
MALTA U.K.
http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp
NETHERLANDS U.K.
www.rijksoverheid.nl/onderwerpen/internationale-vrede-en-veiligheid/sancties
AUSTRIA U.K.
http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=
POLAND U.K.
http://www.msz.gov.pl
PORTUGAL U.K.
http://www.min-nestrangeiros.pt
ROMANIA U.K.
http://www.mae.ro/node/1548
SLOVENIA U.K.
http://www.mzz.gov.si/si/zunanja_politika_in_mednarodno_pravo/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/
SLOVAKIA U.K.
http://www.mzv.sk/sk/europske_zalezitosti/sankcie_eu-sankcie_eu
FINLAND U.K.
http://formin.finland.fi/kvyhteistyo/pakotteet
SWEDEN U.K.
http://www.ud.se/sanktioner
UNITED KINGDOM U.K.
www.fco.gov.uk/competentauthorities
B. Address for notifications to, or other communication with, the European Commission: U.K.
European Commission
Service for Foreign Policy Instruments (FPI)
EEAS 02/309
1049 Bruxelles/Brussel
BELGIQUE/BELGIË]
ANNEX IVU.K.
LIST OF ‘CRUDE OIL AND PETROLEUM PRODUCTS’ REFERRED TO IN ARTICLE 6
HS Code | Description |
---|---|
2709 00 | Petroleum oils and oils obtained from bituminous minerals, crude. |
2710 | Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils (save that the purchase, in Syria, of kerosene jet fuel of CN code 2710 19 21 is not prohibited provided that it is intended and used solely for the purpose of the continuation of the flight operation of the aircraft into which it is loaded). |
2712 | Petroleum jelly; paraffin wax, microcrystalline petroleum wax, slack wax, ozokerite, lignite wax, peat wax, other mineral waxes, and similar products obtained by synthesis or by other processes, whether or not coloured. |
2713 | Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous minerals. |
2714 | Bitumen and asphalt, natural; bituminous or oil-shale and tar sands; asphaltites and asphaltic rocks. |
2715 00 00 | Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or on mineral tar pitch (for example, bituminous mastics, cut-backs). |
ANNEX VU.K. EQUIPMENT, TECHNOLOGY AND SOFTWARE REFERRED TO IN ARTICLE 4
General Note U.K.
Notwithstanding the contents of this Annex, it shall not apply to:
equipment, technology or software which are specified in Annex I to Council Regulation (EC) 428/2009(19) or the Common Military List; or
software which is designed for installation by the user without further substantial support by the supplier and which is generally available to the public by being sold from stock at retail selling points, without restriction, by means of:
over the counter transactions;
mail order transactions;
electronic transactions; or
telephone order transactions; or
software which is in the public domain.
The categories A, B, C, D and E refer to the categories referred to in Regulation (EC) No 428/2009.
The ‘equipment, technology and software’ referred to in Article 4 is:
List of equipment
Deep Packet Inspection equipment
Network Interception equipment including Interception Management Equipment (IMS) and Data Retention Link Intelligence equipment
Radio Frequency monitoring equipment
Network and Satellite jamming equipment
Remote Infection equipment
Speaker recognition/processing equipment
IMSI(20), MSISDN(21), IMEI(22), TMSI(23) interception and monitoring equipment
Tactical SMS(24)/GSM(25)/GPS(26)/GPRS(27)/UMTS(28)/CDMA(29)/PSTN(30) interception and monitoring equipment
DHCP(31)/SMTP(32),GTP(33) information interception and monitoring equipment
Pattern Recognition and Pattern Profiling equipment
Remote Forensics equipment
Semantic Processing Engine equipment
WEP and WPA code breaking equipment
Interception equipment for VoIP proprietary and standard protocol
Not used
Not used
‘Software’ for the ‘development’, ‘production’ or ‘use’ of the equipment specified in A above.
‘Technology’ for the ‘development’, ‘production’ or ‘use’ of the equipment specified in A above.
Equipment, technology and software falling within these categories is within the scope of this Annex only to the extent that it falls within the general description ‘internet, telephone and satellite communications interception and monitoring systems’.
For the purpose of this Annex ‘monitoring’ means acquisition, extraction, decoding, recording, processing, analysis and archiving call content or network data.
ANNEX VIU.K. LIST OF KEY EQUIPMENT AND TECHNOLOGY REFERRED TO IN ARTICLE 8
General notes U.K.
1.The object of the prohibitions contained in this Annex should not be defeated by the export of any non-prohibited goods (including plant) containing one or more prohibited components when the prohibited component or components are the principal element of the goods and can feasibly be removed or used for other purposes.U.K.
N.B.:In judging whether the prohibited component or components are to be considered the principal element, it is necessary to weigh the factors of quantity, value and technological know-how involved and other special circumstances which might establish the prohibited component or components as the principal element of the goods being procured.U.K.
2.The goods specified in this Annex include both new and used goods.U.K.
3.Definitions of terms between ‘single quotation marks’ are given in a technical note to the relevant item.U.K.
4.Definitions of terms between ‘double quotation marks’ can be found in Annex I to Regulation (EC) No 428/2009.U.K.
General Technology Note (GTN) U.K.
1.The ‘technology’‘required’ for the ‘development’, ‘production’ or ‘use’ of prohibited goods remains under prohibition even when applicable to non-prohibited goods.U.K.
2.Prohibitions do not apply to that ‘technology’ which is the minimum necessary for the installation, operation, maintenance (checking) and repair of those goods which are not prohibited or the export of which has been authorised in accordance with this Regulation.U.K.
3.Prohibitions on ‘technology’ transfer do not apply to information ‘in the public domain’, to ‘basic scientific research’ or to the minimum necessary information for patent applications.U.K.
Exploration and production of crude oil and natural gas U.K.
1.A Equipment U.K.
1.Geophysical survey equipment, vehicles, vessels and aircraft specially designed or adapted to acquire data for oil and gas exploration and specially designed components therefor.U.K.
2.Sensors specially designed for downhole well operations in oil and gas wells, including sensors used for measurement whilst drilling and the associated equipment specially designed to acquire and store data from such sensors.U.K.
3.Drilling equipment designed to drill rock formations, specifically for the purpose of exploring for, or producing oil, gas and other naturally occurring, hydrocarbon materials.U.K.
4.Drill bits, drill pipes, drill collars, centralisers and other equipment, specially designed for use in and with oil and gas well drilling equipment.U.K.
5.Drilling wellheads, ‘blowout preventers’ and ‘Christmas or production trees’ and the specially designed components thereof, meeting the ‘API and ISO specifications’ for use with oil and gas wells.U.K.
Technical Notes:U.K.
a. A ‘blowout preventer’ is a device typically used at ground level (or if drilling underwater, at the seabed) during drilling to prevent the uncontrolled escape of oil and/or gas from the well. U.K.
b. A ‘Christmas tree or production tree’ is a device typically used to control flow of fluids from the well when it is complete and oil and/or gas production has started. U.K.
c. For the purpose of this item, ‘API and ISO specifications’ refers to the American Petroleum Institute specifications 6A, 16A, 17D and 11IW and/or the International Standards Organisation specifications 10423 and 13533 for blowout preventers, wellhead and Christmas trees for use on oil and/or gas wells. U.K.
6.Drilling and production platforms for crude oil and natural gas.U.K.
7.Vessels and barges incorporating drilling and/or petroleum processing equipment used for producing oil, gas and other naturally occurring flammable materials.U.K.
8.Liquid/gas separators meeting API specification 12J, specially designed to process the production from an oil or gas well, to separate the petroleum liquids from any water and any gas from the liquids.U.K.
9.Gas compressor with a design pressure of 40 bar (PN 40 and/or ANSI 300) or more and having a suction volume capacity of 300 000 Nm3/h or more, for the initial processing and transmission of natural gas, excluded gas compressors for CNG (Compressed Natural Gas) filling stations, and specially designed components therefor.U.K.
10.Subsea production control equipment and the components thereof meeting ‘API and ISO specifications’ for use with oil and gas wells.U.K.
Technical Note: U.K.
For the purposes of this entry, ‘API and ISO specifications’ refers to the American Petroleum Institute specification 17 F and/or the International Standards Organisation specification 13268 for subsea production control systems.
11.Pumps, typically high capacity and/or high pressure (in excess of 0,3 m3 per minute and/or 40 bar), specially designed to pump drilling muds and/or cement into oil and gas wells.U.K.
1.B Test and inspection equipment U.K.
1.Equipment specially designed for sampling, testing and analysing the properties of drilling mud, oil well cements and other materials specially designed and/or formulated for use in oil and gas wells.U.K.
2.Equipment specially designed for sampling, testing and analysing the properties of rock samples, liquid and gaseous samples and other materials taken from an oil and/or gas well either during or after drilling, or from the initial processing facilities attached thereto.U.K.
3.Equipment specially designed for collecting and interpreting information about the physical and mechanical condition of an oil and/or gas well, and for determining the in situ properties of the rock and reservoir formation.U.K.
1.C Materials U.K.
1.Drilling mud, drilling mud additives and the components thereof, specially formulated to stabilise oil and gas wells during drilling, to recover drill cuttings to the surface and to lubricate and cool the drilling equipment in the well.U.K.
2.Cements and other materials meeting the ‘API and ISO specifications’ for use in oil and gas wells.U.K.
Technical Note: U.K.
‘API and ISO specification’ refers to the American Petroleum Institute specification 10A or the International Standards Organisation specification 10426 for oil well cements and other materials specially formulated for use in the cementing of oil and gas wells.
3.Corrosion inhibiting, emulsion treatment, defoaming agents and other chemicals specially formulated to be used in the drilling for, and the initial processing of, petroleum produced from an oil and/or gas well.U.K.
1.D Software U.K.
1.‘Software’ specially designed to collect and interpret data acquired from seismic, electromagnetic, magnetic or gravity surveys for the purpose of establishing oil or gas prospectivity.U.K.
2.‘Software’ specially designed for storing, analysing and interpreting information acquired during drilling and production to assess the physical characteristics and behaviour of oil or gas reservoirs.U.K.
3.‘Software’ specially designed for the ‘use’ of petroleum production and processing facilities or specific sub-units of such facilities.U.K.
1.E Technology U.K.
1.‘Technology’‘required’ for the ‘development’, ‘production’ and ‘use’ of equipment specified in 1.A.01 – 1.A.11.U.K.
Refining of crude oil and liquefaction of natural gas U.K.
2.A Equipment U.K.
1.Heat exchangers as follows and specially designed components therefor:U.K.
Plate-fin heat exchangers with a surface/volume ratio greater than 500 m2/m3, specially designed for pre-cooling of natural gas;
Coil-wound heat exchangers specially designed for liquefaction or sub-cooling of natural gas.
2.Cryogenic pumps for the transport of media at a temperature below – 120 °C having a transport capacity of more than 500 m3/h and specially designed components therefor.U.K.
3.‘Coldbox’ and ‘coldbox’ equipment not specified by 2.A.1.U.K.
Technical Note: U.K.
‘Coldbox’ equipment’ refers to a specially designed construction, which is specific for LNG plants and incorporates the process stage of liquefaction. The ‘coldbox’ comprises heat exchangers, piping, other instrumentation and thermal insulators. The temperature inside the ‘coldbox’ is below – 120 °C (conditions for condensation of natural gas). The function of the ‘coldbox’ is the thermal insulation of the above described equipment.
4.Equipment for shipping terminals of liquefied gases having a temperature below – 120 °C and specially designed components therefor.U.K.
5.Flexible and non-flexible transfer line having a diameter greater than 50 mm for the transport of media below – 120 °C.U.K.
6.Maritime vessels specially designed for the transport of LNG.U.K.
7.Electrostatic desalters specially designed to remove contaminants such as salts, solids and water from crude oil and specially designed components therefor.U.K.
8.All crackers, including hydrocrackers, and cokers, specially designed for conversion of vacuum gas oils or vacuum residuum, and specially designed components therefor.U.K.
9.Hydrotreaters specially designed for desulphurisation of gasoline, diesel cuts and kerosene and specially designed components therefor.U.K.
10.Catalytic reformers specially designed for conversion of desulphurised gasoline into high-octane gasoline, and specially designed components therefor.U.K.
11.Refinery units for C5-C6 cuts isomerisation, and refinery units for alkylation of light olefins, to improve the octane index of the hydrocarbon cuts.U.K.
12.Pumps specially designed for the transport of crude oil and fuels, having a capacity of 50 m3/h or more and specially designed components therefor.U.K.
13.Tubes with an outer diameter of 0,2 m or more and made from any of the following materials:U.K.
Stainless steels with 23 % chromium or more by weight;
Stainless steels and nickel bases alloys with a ‘Pitting resistance equivalent’ number higher than 33.
Technical Note: U.K.
‘Pitting resistance equivalent’ (PRE) number characterises the corrosion resistance of stainless steels and nickel alloys to pitting or crevice corrosion. The pitting resistance of stainless steels and nickel alloys is primarily determined by their compositions, primarily: chromium, molybdenum, and nitrogen. The formula to calculate the PRE number is:
PRE = Cr + 3,3 % Mo + 30 % N
14.‘Pigs’ (Pipeline Inspection Gauge(s)) and specially designed components therefor.U.K.
Technical Note: U.K.
‘Pig’ is a device typically used for cleaning or inspection of a pipeline from inside (corrosion state or crack formation) and is propelled by the pressure of the product in the pipeline.
15.Pig launchers and pig catchers for the integration or removing of pigs.U.K.
16.Tanks for the storage of crude oil and fuels with a volume greater than 1 000 m3 (1 000 000 litres) as follows, and specially designed components therefor:U.K.
fixed roof tanks;
floating roof tanks.
17.Subsea flexible pipes specially designed for the transportation of hydrocarbons and injection fluids, water or gas, having a diameter greater than 50 mm.U.K.
18.Flexible pipes used for high pressure for topside and subsea application.U.K.
19.Isomeration equipment specially designed for production of high-octane gasoline based on light hydrocarbons as feed, and specially designed components therefor.U.K.
2.B Test and inspection equipment U.K.
1.Equipment specially designed for testing and analysing of quality (properties) of crude oil and fuels.U.K.
2.Interface control systems specially designed for controlling and optimising of the desalting process.U.K.
2.C Materials U.K.
1.Diethyleneglycol (CAS 111-46-6), Triethylene glycol (CAS 112-27-6).U.K.
2.N-Methylpyrrolidon (CAS 872-50-4), Sulfolane (CAS 126-33-0).U.K.
3.Zeolites, of natural or synthetic origin, specially designed for fluid catalytic cracking or for the purification and/or dehydration of gases, including natural gases.U.K.
4.Catalysts for the cracking and conversion of hydrocarbons as follows:U.K.
Single metal (platinum group) on alumina type or on zeolite, specially designed for catalytic reforming process;
Mixed metal species (platinum in combination with other noble metals) on alumina type or on zeolite, specially designed for catalytic reforming process;
Cobalt and nickel catalysts doped with molybdenum on alumina type or on zeolite, specially designed for catalytic desulphurisation process;
Palladium, nickel, chromium and tungsten catalysts on alumina type or on zeolite, specially designed for catalytic hydrocracking process.
5.Gasoline additives specially formulated for increasing the octane number of gasoline.U.K.
Note: U.K.
This entry includes Ethyl tertiary butyl ether(ETBE) (CAS 637-92-3) and Methyl tertiary butyl ether (MTBE) CAS 1634-04-4).
2.D Software U.K.
1.‘Software’ specially designed for the ‘use’ of LNG plants or specific sub-units of such plants.U.K.
2.‘Software’ specially designed for the ‘development’, ‘production’ or ‘use’ of plants (including their sub-units) for oil refining.U.K.
2.E Technology U.K.
1.‘Technology’ for the conditioning and purification of raw natural gas (dehydration, sweetening, removal of impurities).U.K.
2.‘Technology’ for the liquefaction of natural gas, including ‘technology’ required for the ‘development’, ‘production’ or ‘use’ of LNG plants.U.K.
3.‘Technology’ for the shipment of liquefied natural gas.U.K.
4.‘Technology’‘required’ for the ‘development’, ‘production’ or ‘use’ of maritime vessels specially designed for the transport of liquefied natural gas.U.K.
5.‘Technology’ for storage of crude oil and fuels.U.K.
6.‘Technology’‘required’ for the ‘development’, ‘production’ or ‘use’ of a refinery plant, such as:U.K.
‘Technology’ for conversion of light olefin to gasoline;
Catalytic reforming and isomerisation technology;
Catalytic and thermal cracking technology.
ANNEX VIIU.K.
Equipment and technology referred to in Article 12
8406 81 | Steam turbines of an output exceeding 40 MW. |
8411 82 | Gas turbines of an output exceeding 5 000 kW. |
ex 8501 | All electric motors and generators of an output exceeding 3 MW or 5 000 kVA. |
[F11ANNEX VIII U.K.
List of gold, precious metals and diamonds referred to in Article 11a
HS Code | Description |
---|---|
7102 | Diamonds, whether or not worked, but not mounted or set. |
7106 | Silver (including silver plated with gold or platinum), unwrought or in semi-manufactured forms, or in powder form. |
7108 | Gold (including gold plated with platinum), unwrought or in semi-manufactured forms, or in powder form. |
7109 | Base metals or silver, clad with gold, not further worked than semi-manufactured. |
7110 | Platinum, unwrought or in semi-manufactured forms, or in powder form. |
7111 | Base metals, silver or gold, clad with platinum, not further worked than semi-manufactured. |
7112 | Waste and scrap of precious metal or of metal clad with precious metal; other waste and scrap containing precious metal or precious-metal compounds, of a kind used principally for the recovery of precious metal.] |
[F4ANNEX IX U.K. LIST OF EQUIPMENT, GOODS AND TECHNOLOGY REFERRED TO IN ARTICLE 2b
[F6The list set out in this Annex shall not include products identified as consumer goods packaged for retail sale for personal use or packaged for individual use, with the exception of isopropanol.]
Introductory Notes U.K.
1. Unless otherwise stated, reference numbers used in the column below entitled ‘ Description ’ refer to the descriptions of dual-use items set out in Annex I to Regulation (EC) No 428/2009. U.K.
2. A reference number in the column below entitled ‘ Related item from Annex I to Regulation (EC) No 428/2009 ’ means that the characteristics of the item described in the ‘ Description ’ column lie outside the parameters set out in the description of the dual-use entry referred to. U.K.
3. Definitions of terms between ‘ single quotation marks ’ are given in a technical note to the relevant item. U.K.
4. Definitions of terms between ‘ double quotation marks ’ can be found in Annex I to Regulation (EC) No 428/2009. U.K.
General Notes U.K.
1. The object of the controls contained in this Annex should not be defeated by the export of any non-controlled goods (including plant) containing one or more controlled components when the controlled component or components is/are the principal element of the goods and can feasibly be removed or used for other purposes. U.K.
NB : In judging whether the controlled component or components is/are to be considered the principal element, it is necessary to weigh the factors of quantity, value and technological know-how involved and other special circumstances which might establish the controlled component or components as the principal element of the goods being procured. U.K.
2. The items specified in this Annex include both new and used goods. U.K.
General Technology Note (GTN) U.K.
(To be read in conjunction with Section B of this Annex)
1. The sale, supply, transfer or export of ‘ technology ’ which is ‘ required ’ for the ‘ development ’ , ‘ production ’ or ‘ use ’ of goods the sale, supply, transfer or export of which is controlled in Section IX.A of this Annex, is controlled in accordance with the provisions of Section B. U.K.
2. The ‘ technology ’ ‘ required ’ for the ‘ development ’ , ‘ production ’ or ‘ use ’ of goods under control remains under control even when it is applicable to non-controlled goods. U.K.
3. Controls do not apply to that ‘ technology ’ which is the minimum necessary for the installation, operation, maintenance (checking) and repair of those goods which are not controlled or the export of which has been authorised in accordance with this Regulation. U.K.
4. Controls on ‘ technology ’ transfer do not apply to information ‘ in the public domain ’ , to ‘ basic scientific research ’ or to the minimum necessary information for patent applications. U.K.
IX.A.
GOODS
IX.A1. Materials, chemicals, ‘ micro-organisms ’ and ‘ toxins ’ | ||
a [F6As set out in the Commission Implementing Regulation (EU) No 927/2012 of 9 October 2012 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff ( OJ L 304, 31.10.2012, p. 1 ).] | ||
No | Description | Related item from Annex I to Regulation (EC) No 428/2009 |
---|---|---|
IX.A1.001 | Chemicals at 95 % concentration or greater, as follows:
| |
IX.A1.002 | Chemicals at 95 % concentration or greater, as follows:
| |
IX.A1.003 | Chemicals at 95 % concentration or greater, as follows:
| |
[F6IX.A1.004 | Separate chemically defined compounds according to Note 1 to Chapters 28 and 29 of the Combined Nomenclature a , at 90 % concentration or greater, unless otherwise indicated, as follows:
| ] |
IX.A2. Materials Processing | ||
No | Description | Related item from Annex I to Regulation (EC) No 428/2009 |
---|---|---|
IX.A2.001 | Floor-mounted fume hoods (walk-in-style) with a minimum nominal width of 2,5 meters. | |
IX.A2.002 | Full face-mask air-purifying and air-supplying respirators other than those specified in 1A004 or 2B352f1. | 1A004.a |
IX.A2.003 | Class II biological safety cabinets or isolators with similar performance standards. | 2B352.f.2 |
IX.A2.004 | Batch centrifuges with a rotor capacity of 4 litres or greater, usable with biological materials. | |
IX.A2.005 | Fermenters capable of cultivation of pathogenic ‘ micro-organisms ’ , viruses or for toxin production, without the propagation of aerosols, having a capacity of 5 litres or more but less than 20 litres. Technical Note:Fermenters include bioreactors, chemostats and continuous-flow systems. | 2B352.b |
IX.A2.007 | Conventional or turbulent air-flow clean-air rooms and self contained fan-HEPA or ULPA filter units that may be used for P3 or P4 (BSL 3, BSL 4, L3, L4) containments facilities. | 2B352.a |
IX.A2.008 | Chemical manufacturing facilities, equipment and components, other than those specified in 2B350 or A2.009 as follows: a. Reaction vessels or reactors, with or without agitators, with total internal (geometric) volume greater than 0,1 m 3 (100 litres) and less than 20 m 3 ( 20 000 litres), where all surfaces that come in direct contact with the fluid(s) being processed or contained are made from the following materials: 1. Stainless steels with more than or equal to 10,5 % chromium and less than or equal to 1,2 % carbon; b. Agitators for use in reaction vessels or reactors specified in 2B350.a.; where all surfaces that come in direct contact with the fluid(s) being processed or contained are made from the following materials: 1. Stainless steels with more than or equal to 10,5 % chromium and less than or equal to 1,2 % carbon; c. Storage tanks, containers or receivers with a total internal (geometric) volume greater than 0,1 m 3 (100 litres) where all surfaces that come in direct contact with the fluid(s) being processed or contained are made from the following materials: 1. Stainless steels with more than or equal to 10,5 % chromium and less than or equal to 1,2 % carbon; d. Heat exchangers or condensers with a heat transfer surface area greater than 0,05 m 2 , and less than 30 m 2 ; and tubes, plates, coils or blocks (cores) designed for such heat exchangers or condensers, where all surfaces that come in direct contact with the fluid(s) being processed are made from the following materials: 1. Stainless steels with more than or equal to 10,5 % chromium and less than or equal to 1,2 % carbon; Technical Note:The materials used for gaskets and seals and other implementation of sealing functions do not determine the control status of the heat exchanger. e. Distillation or absorption columns of internal diameter greater than 0,1 m; where all surfaces that come in direct contact with the fluid(s) being processed are made from the following materials: 1. Stainless steels with more than or equal to 10,5 % chromium and less than or equal to 1,2 % carbon; f. Valves with ‘ nominal sizes ’ greater than 10 mm and casings (valve bodies) designed for such valves where all surfaces that come in direct contact with the fluid(s) being processed or contained are made from the following materials: 1. Stainless steels with more than or equal to 10,5 % chromium and less than or equal to 1,2 % carbon; Technical Note:1. The materials used for gaskets and seals and other implementation of sealing functions do not determine the control status of the valve.2. The ‘ nominal size ’ is defined as the smaller of the inlet and outlet diameters.g. Multiple-seal and seal-less pumps, with manufacturer’s specified maximum flow-rate greater than 0,6 m 3 /hour, in which all surfaces that come in direct contact with the chemical(s) being processed are made from the following materials: 1. Stainless steels with more than or equal to 10,5 % chromium and less than or equal to 1,2 % carbon. h. Vacuum pumps with a manufacturer’s specified maximum flow-rate greater than 1 m 3 /h (under standard temperature (273 K (0 °C)) and pressure (101,3 kPa) conditions), and casings (pump bodies) and preformed casing-liners, impellers, rotors and jet pump nozzles designed for such pumps, in which all surfaces that come into direct contact with the chemicals being processed are made from any of the following materials: 1. ‘ Alloys ’ with more than 25 % nickel and 20 % chromium by weight; 2. Ceramics; 3. ‘ Ferrosilicon ’ ; 4. Fluoropolymers (polymeric or elastomeric materials with more than 35 % fluorine by weight); 5. Glass (including vitrified or enamelled coatings or glass lining); 6. Graphite or ‘ carbon graphite ’ ; 7. Nickel or ‘ alloys ’ with more than 40 % nickel by weight; 8. Stainless steel with 20 % nickel and 19 % chromium or more by weight; 9. Tantalum or tantalum ‘ alloys ’ ; 10. Titanium or titanium ‘ alloys ’ ; 11. Zirconium or zirconium ‘ alloys ’ ; or 12. Niobium (columbium) or niobium ‘ alloys ’ . Technical Notes:1. The materials used for diaphragms or gaskets and seals and other implementation of sealing functions do not determine the status of control of the pump.2. ‘ Carbon graphite ’ is a composition consisting of amorphous carbon and graphite, in which the graphite content is 8 % or more by weight.3. ‘ Ferrosilicons ’ are silicon iron alloys with more than 8 % silicon by weight or more.For the listed materials in the above entries, the term ‘ alloy ’ when not accompanied by a specific elemental concentration is understood as identifying those alloys where the identified metal is present in a higher percentage by weight than any other element. | 2B350.a-e 2B350.g 2B350.i |
IX.A2.009 | Chemical manufacturing facilities, equipment and components, other than specified in 2B350 or A2.008 as follows:
Technical Note:The materials used for gaskets and seals and other implementation of sealing functions do not determine the control status of the heat exchanger.
Multiple-seal and seal-less pumps with manufacturer’s specified maximum flow-rate greater than 0,6 m 3 /hour (measured under standard temperature (273 K or 0 °C) and pressure (101,3 kPa) conditions); and casings (pump bodies), preformed casing liners, impellers, rotors or jet pump nozzles designed for such pumps, in which all surfaces that come in direct contact with the chemical(s) being processed are made from any of the following materials:
Technical Notes:The materials used for diaphragms or gaskets and seals and other implementation of sealing functions do not determine the control status of the pump. For the listed materials in the above entries, the term ‘ alloy ’ when not accompanied by a specific elemental concentration is understood as identifying those alloys where the identified metal is present in a higher percentage by weight than any other element. | |
[F6IX.A2.010 | Equipment Laboratory equipment, including parts and accessories for such equipment, for the (destructive or non-destructive) analysis or detection of chemical substances, with the exception of equipment, including parts or accessories, specifically designed for medical use. | ] |
B.
TECHNOLOGY
[F4ANNEX X U.K. LIST OF LUXURY GOODS REFERRED TO IN ARTICLE 11B
1. Pure-bred horses U.K.
CN Codes: 0101 21 00
2. Caviar and caviar substitutes; in the case of caviar substitutes, if the sales prices exceed EUR 20 per 100 grams U.K.
CN Codes: ex 1604 31 00 , ex 1604 32 00
3. Truffles U.K.
CN Codes: 2003 90 10
4. Wines (including sparkling wines) exceeding a sales price of EUR 50 per litre, spirits exceeding and spirituous beverages exceeding a sales price of EUR 50 per litre U.K.
CN Codes: ex 2204 21 to ex 2204 29 , ex 2208 , ex 2205
5. Cigars and cigarillos exceeding a sales price of EUR 10 each cigar or cigarillo U.K.
CN Codes: ex 2402 10 00
6. Perfumes and toilet waters exceeding a sales price of EUR 70 per 50 ml and cosmetics, including beauty and make-up products exceeding a sales price of EUR 70 each U.K.
CN Codes: ex 3303 00 10 , ex 3303 00 90 , ex 3304 , ex 3307 , ex 3401
7. Leather, saddlery and travel goods, handbags and similar articles exceeding a sales price of EUR 200 each U.K.
CN Codes: ex 4201 00 00 , ex 4202 , ex 4205 00 90
8. Garments, clothing accessories and shoes (regardless of their material) articles exceeding a sales price of EUR 600 per item U.K.
CN Codes: ex 4203 , ex 4303 , ex 61 , ex 62 , ex 6401 , ex 6402 , ex 6403 , ex 6404 , ex 6405 , ex 6504 , ex 6605 00 , ex 6506 99 , ex 6601 91 00 , ex 6601 99 , ex 6602 00 00
9. Pearls, precious and semi-precious stones, articles of pearls, jewellery, gold or silversmith articles U.K.
CN Codes: 7101 , 7102 , 7103 , 7104 20 , 7104 90 , 7105 , 7106 , 7107 , 7108 , 7109 , 7110 , 7111 , 7113 , 7114 , 7115 , 7116
10. Coins and banknotes, not being legal tender U.K.
CN Codes: ex 4907 00 , 7118 10 , ex 7118 90
11. Cutlery of precious metal or plated or clad with precious metal U.K.
CN Codes: ex 7114 , ex 7115 , ex 8214 , ex 8215 , ex 9307
12. Tableware of porcelain, china, stone- or earthenware or fine pottery exceeding a sales price of EUR 500 each U.K.
CN Codes: ex 6911 10 00 , ex 6912 00 30 , ex 6912 00 50
13. Lead crystal glassware exceeding a sales price of EUR 200 each U.K.
CN Codes: ex 7009 91 00 , ex 7009 92 00 , ex 7010 , ex 7013 22 , ex 7013 33 , ex 7013 41 , ex 7013 91 , ex 7018 10 , ex 7018 90 , ex 7020 00 80 , ex 9405 10 50 , ex 9405 20 50 , ex 9405 50 , ex 9405 91
14. Luxury vehicles for the transport of persons on earth, air or sea, as well as their accessories; in the case of new vehicles, if the sales prices exceeds EUR 25 000 ; in the case of used vehicles, if the sales price exceeds EUR 15 000 U.K.
CN Codes: ex 8603 , ex 8605 00 00 , ex 8702 , ex 8703 , ex 8711 , ex 8712 00 , ex 8716 10 , ex 8716 40 00 , ex 8716 80 00 , ex 8716 90 , ex 8801 00 , ex 8802 11 00 , ex 8802 12 00 , ex 8802 20 00 , ex 8802 30 00 , ex 8802 40 00 , ex 8805 10 , ex 8901 10 , ex 8903
15. Clocks and watches and their parts if the individual item exceeds a sales price of EUR 500 U.K.
CN Codes: ex 9101 , ex 9102 , ex 9103 , ex 9104 , ex 9105 , ex 9108 , ex 9109 , ex 9110 , ex 9111 , ex 9112 , ex 9113 , ex 9114
16. Works of art, collectors’ pieces and antiques U.K.
CN Codes: 97
17. Articles and equipment for skiing, golf and water sports, if the individual item exceeds a sales price of EUR 500 U.K.
CN Codes: ex 4015 19 00 , ex 4015 90 00 , ex 6112 20 00 , ex 6112 31 , ex 6112 39 , ex 6112 41 , ex 6112 49 , ex 6113 00 , ex 6114 , ex 6210 20 00 , ex 6210 30 00 , ex 6210 40 00 , ex 6210 50 00 , ex 6211 11 00 , ex 6211 12 00 , ex 6211 20 , ex 6211 32 90 , ex 6211 33 90 , ex 6211 39 00 , ex 6211 42 90 , ex 6211 43 90 , ex 6211 49 00 , ex 6402 12 , ex 6403 12 00 , ex 6404 11 00 , ex 6404 19 90 , ex 9004 90 , ex 9020 , ex 9506 11 , ex 9506 12 , ex 9506 19 00 , ex 9506 21 00 , ex 9506 29 00 , ex 9506 31 00 , ex 9506 32 00 , ex 9506 39 , ex 9507
18. Articles and equipment for billiard, automatic bowling, casino games and games operated by coins or banknotes, if the individual item exceeds a sales price of EUR 500 U.K.
CN Codes: ex 9504 20 , ex 9504 30 , ex 9504 40 00 , ex 9504 90 80]
[F5ANNEX XI U.K.
List of categories of goods referred to in Article 11c
a Which are more than 50 years old and do not belong to their originators. | |
b As defined by the Court of Justice in its judgment in Case 252/84 as follows: 'Collectors' pieces within the meaning of heading No 97.05 of the Common Customs Tariff are articles which possess the requisite characteristics for inclusion in a collection, that is to say, articles which are relatively rare, are not normally used for their original purpose, are the subject of special transactions outside the normal trade in similar utility articles and are of high value.] | |
ex CN code | Product description |
---|---|
9705 00 00 | 1. Archaeological objects more than 100 years old which are the products of: |
9706 00 00 | — excavations and finds on land or under water |
— archaeological sites | |
— archaeological collections | |
9705 00 00 9706 00 00 | 2. Elements forming an integral part of artistic, historical or religious monuments which have been dismembered, of an age exceeding 100 years |
9701 | 3. Pictures and paintings, other than those included in category 4 or 5, executed entirely by hand in any medium and on any material a |
9701 | 4. Water-colours, gouaches and pastels executed entirely by hand on any material a |
6914 9701 | 5. Mosaics in any material executed entirely by hand, other than those falling in category 1 or 2, and drawings in any medium executed entirely by hand on any material a |
Chapter 49 9702 00 00 8442 50 80 | 6. Original engravings, prints, serigraphs and lithographs with their respective plates and original posters a |
9703 00 00 | 7. Original sculptures or statuary and copies produced by the same process as the original a other than those in category 1 |
3704 3705 3706 4911 91 00 | 8. Photographs, films and negatives thereof a |
9702 00 00 9706 00 00 4901 10 00 4901 99 00 4904 00 00 4905 91 00 4905 99 00 4906 00 00 | 9. Incunabula and manuscripts, including maps and musical scores, singly or in collections a |
9705 00 00 9706 00 00 | 10. Books more than 100 years old, singly or in collections |
9706 00 00 | 11. Printed maps more than 200 years old |
3704 3705 3706 4901 4906 9705 00 00 9706 00 00 | 12. Archives, and any elements thereof, of any kind or any medium which are more than 50 years old |
9705 00 00 | 13.(a) Collections b and specimens from zoological, botanical, mineralogical or anatomical collections; |
9705 00 00 | (b) Collections b of historical, palaeontological, ethnographic or numismatic interest |
9705 00 00 Chapters 86-89 | 14. Means of transport more than 75 years old |
15. Any other antique items not included in categories 1 to 14 | |
(a) between 50 and 100 years old: | |
Chapter 95 | — toys, games |
7013 | — glassware |
7114 | — articles of goldsmiths' or silversmiths' wares |
Chapter 94 | — furniture |
Chapter 90 | — optical, photographic or cinematographic apparatus |
Chapter 92 | — musical instruments |
Chapter 91 | — clocks and watches and parts thereof |
Chapter 44 | — articles of wood |
Chapter 69 | — pottery |
5805 00 00 | — tapestries |
Chapter 57 | — carpets |
4814 | — wallpaper |
Chapter 93 | — arms |
9706 00 00 | (b) more than 100 years old. |
Council Regulations (EU) No 878/2011 (OJ L 228, 3.9.2011, p. 1), (EU) No 950/2011 (OJ L 247, 24.9.2011, p. 3), (EU) No 1011/2011 (OJ L 269, 14.10.2011, p. 18), (EU) No 1150/2011 (OJ L 296, 15.11.2011, p. 1).
Council Implementing Regulations (EU) No 504/2011 (OJ L 136, 24.5.2011, p. 45), (EU) No 611/2011 (OJ L 164, 24.6.2011, p. 1), (EU) No 755/2011 (OJ L 199, 2.8.2011, p. 33), (EU) No 843/2011 (OJ L 218, 24.8.2011, p. 1), (EU) No 1151/2011 (OJ L 296, 15.11.2011, p. 3).
Council Implementing Decision 2011/302/CFSP (OJ L 136, 24.5.2011, p. 91), Council Implementing Decision 2011/367/CFSP (OJ L 164, 24.6.2011, p. 14), Council Implementing Decision 2011/488/CFSP (OJ L 199, 2.8.2011, p. 74), Council Implementing Decision 2011/515/CFSP (OJ L 218, 24.8.2011, p. 20), Council Decision 2011/522/CFSP (OJ L 228, 3.9.2011, p. 16), Council Decision 2011/628/CFSP (OJ L 247, 24.9.2011, p. 17), Council Decision 2011/684/CFSP (OJ L 269, 14.10.2011, p. 33), Council Decision 2011/735/CFSP (OJ L 296, 15.11.2011, p. 53), Council Implementing Decision 2011/736/CFSP (OJ L 296, 15.11.2011, p. 55).
[F5Council Regulation (EU) No 1332/2013 of 13 December 2013 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria ( OJ L 335, 14.12.2013, p. 3 ).]
[F4Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items ( OJ L 134, 29.5.2009, p. 1 ).]
Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (OJ L 134, 29.5.2009, p. 1).
IMSI stands for International Mobile Subscriber Identity. It is a unique identification code for each mobile telephony device, integrated in the SIM card and which allows identification of such SIM via GSM and UMTS networks.
MSISDN stands for Mobile Subscriber Integrated Services Digital Network Number. It is a number uniquely identifying a subscription in a GSM or a UMTS mobile network. Simply put, it is the telephone number to the SIM card in a mobile phone and therefore it identifies a mobile subscriber as well as IMSI, but to route calls through him.
IMEI stands for International Mobile Equipment Identity. It is a number, usually unique to identify GSM, WCDMA and IDEN mobile phones as well as some satellite phones. It is usually found printed inside the battery compartment of the phone. interception (wiretapping) can be specified by its IMEI number as well as IMSI and MSISDN.
TMSI stands for Temporary Mobile Subscriber Identity. It is the identity that is most commonly sent between the mobile and the network.
SMS stands for Short Message System.
GSM stands for Global System for Mobile Communications.
GPS stands for Global Positioning System.
GPRS stands for General Package Radio Service.
UMTS stands for Universal Mobile Telecommunication System.
CDMA stands for Code Division Multiple Access.
PSTN stands for Public Switch Telephone Networks.
DHCP stands for Dynamic Host Configuration Protocol.
SMTP stands for Simple Mail Transfer Protocol.
GTP stands for GPRS Tunnelling Protocol.
Textual Amendments
F2 Inserted by Council Regulation (EU) No 867/2012 of 24 September 2012 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria.
F4 Inserted by Council Regulation (EU) No 509/2012 of 15 June 2012 amending Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria.