Council Regulation (EU) No 753/2011 of 1 August 2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan

For the purposes of this Regulation, the following definitions shall apply:

1. ‘funds’ means financial assets and benefits of every kind, including but not limited to:

   1. cash, cheques, claims on money, drafts, money orders and other payment instruments;

   2. deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;

   3. publicly- and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;

   4. interest, dividends or other income on or value accruing from or generated by assets;

   5. credit, right of set-off, guarantees, performance bonds or other financial commitments;

   6. letters of credit, bills of lading, bills of sale;

   7. documents evidencing an interest in funds or financial resources;

2. ‘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;

3. ‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but may be used to obtain funds, goods or services;

4. ‘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;

5. ‘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, transmission of working knowledge or skills or consulting services; including verbal forms of assistance;

6. ‘Sanctions Committee’ means the Committee of the UNSC which was established pursuant to paragraph 30 of UNSC Resolution 1988 (2011);

7. ‘1267 Committee’ means the Committee of the UNSC which was established pursuant to UNSC Resolutions 1267(1999) and 1333(2000).

8. ‘grounds for listing’ means the publicly releasable portion of the statement of case as provided by the Sanctions Committee and/or, where applicable, the narrative summary of reasons for listing as provided by the Sanctions Committee; or in the case of a person, group, undertaking or entity listed in Annex I to this Regulation, who was previously listed in Annex I to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban⁽⁴⁾, the statement of case and/or narrative summary of reasons provided by the 1267 Committee.

9. ‘territory of the Union’ means the territories of the Member States to which the TFEU is applicable, under the conditions laid down in the TFEU, including their airspace.

It shall be prohibited:

1. to provide, directly or indirectly, technical assistance related to the goods and technology listed in the Common Military List of the European Union⁽⁵⁾ (‘Common Military List’), or related to the provision, manufacture, maintenance and use of goods included in that list, to any person, group, undertaking or entity listed in Annex I;

2. to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibition in point (a).