The sale, supply, transfer or export of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned to the Central African Republic (‘CAR’) by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft shall be prohibited whether originating or not in their territories.
Council Decision 2013/798/CFSP of 23 December 2013 concerning restrictive measures against the Central African Republic
Council Decision 2013/798/CFSP of 23 December 2013 concerning restrictive measures against the Central African Republic
Article 1
1.
2.
It shall be prohibited:
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to provide technical assistance, brokering services and other services, including the provision of armed mercenary personnel, related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, directly or indirectly, to any natural or legal person, entity or body in, or for use in the CAR;
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to provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of arms and related materiel or for the provision of related technical assistance, brokering services and other services, directly or indirectly, to any person, entity or body in, or for use in the CAR;
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to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in points (a) or (b).
Article 1a
Member States shall, upon discovery, seize, register and dispose of (such as through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal) items the supply, sale, transfer or export of which is prohibited under Article 1.
Article 2
1.
Article 1 shall not apply to:
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the sale, supply, transfer or export of arms and related materiel, and the provision of related technical assistance or financing and financial assistance, intended solely for the support of or use by the United Nations Multidimensional Integrated Stabilization Mission in the CAR (MINUSCA), the Union missions and the French forces deployed in the CAR, as well as other UN Member States’ forces providing training and assistance as notified in advance in accordance with point (b);
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the sale, supply, transfer or export of non‐lethal equipment and provision of assistance, including operational and non‐operational training to the CAR security forces, including state civilian law enforcement institutions, intended solely for support of or use in the CAR process of security sector reform (SSR), in coordination with MINUSCA, and as notified in advance to the Committee established pursuant to paragraph 57 of UNSCR 2127 (2013) (‘the Committee’);
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the sale, supply, transfer or export of arms and related materiel brought into the CAR by Chadian or Sudanese forces solely for their use in international patrols of the tripartite force established on 23 May 2011 in Khartoum by the CAR, Chad and Sudan, to enhance security in the common border areas, in cooperation with MINUSCA, as approved in advance by the Committee;
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the sale, supply, transfer or export of non‐lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as notified in advance to the Committee;
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the sale, supply, transfer or export of protective clothing, including flak jackets and military helmets, temporarily exported to the CAR by United Nations personnel, personnel of the Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;
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the sale, supply, transfer or export of small arms and other related equipment intended solely for use in international‐led patrols providing security in the Sangha River Tri‐national Protected Area or by armed wildlife rangers of the Chinko Project and the Bamingui‐Bangoran National Park to defend against poaching, smuggling of ivory and arms, and other activities contrary to the national laws of the CAR or the CAR’s international legal obligations, as notified in advance to the Committee;
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the sale, supply, transfer or export of weapons with a calibre of 14,5 mm or less and ammunition and components specially designed for such weapons, and of unarmed ground military vehicles and ground military vehicles mounted with weapons with a calibre of 14,5 mm or less, and their spare parts, and of rocket-propelled grenades, and ammunition specially designed for such weapons, and of mortars with a calibre of 60 mm and 82 mm, and ammunition specially designed for such weapons, and the provision of related assistance, to the CAR security forces, including state civilian law enforcement institutions, where such weapons, ammunition, components and vehicles are intended solely for support of, or use in, the CAR process of SSR, as notified in advance to the Committee;
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the sale, supply, transfer or export of arms and other related lethal equipment that are not listed in point (g) of Article 2(1), and the provision of related assistance, to the CAR security forces, including state civilian law enforcement institutions, where such arms and equipment are intended solely for support of, or use in, the CAR process of SSR, as approved in advance by the Committee; or
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other sale, supply, transfer or export of arms and other related materiel, or provision of assistance or personnel, as approved in advance by the Committee.
2.
Member States shall notify the Committee at least 20 days in advance of the delivery of any sale, supply, transfer or export as permitted in points (d), (f) and (g) of paragraph 1.
3.
Member States shall ensure that all notifications and all exemption requests to the Committee include:
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the details of the manufacturer and supplier of the equipment;
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a description of equipment including the type, calibre, quantity as well as serial numbers and lot numbers or the proposed date(s) when the serial numbers and lot numbers will be provided in the case of an exemption request;
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the proposed date(s) and place(s) of delivery;
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the mode(s) of transport and itinerary of shipments; and
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the purpose of use and end user, including the intended destination unit in the CAR security forces, as well as the intended place of storage.
Article 2a
1.
Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons designated by the Committee as:
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engaging in or providing support for acts that undermine the peace, stability or security of the CAR, including acts that threaten or impede the stabilization and reconciliation process or that fuel violence;
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acting in violation of the arms embargo established in paragraph 54 of UNSCR 2127 (2013) and Article 1 of this Decision, or as having directly or indirectly supplied, sold, or transferred to armed groups or criminal networks in the CAR, or as having been the recipient of arms or any related materiel, or any technical advice, training, or assistance, including financing and financial assistance, related to violent activities of armed groups or criminal networks in the CAR;
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involved in planning, directing, or committing acts in the CAR that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, including those involving targeting of civilians, ethnic- or religious-based attacks, attacks on civilian objects, including administrative centres, courthouses, schools and hospitals, and abduction and forced displacement;
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involved in planning, directing or committing acts involving sexual and gender-based violence in the CAR;
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recruiting or using children in armed conflict in the CAR, in violation of applicable international law;
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providing support for armed groups or criminal networks through the illicit exploitation or trade of natural resources, including diamonds, gold, wildlife as well as wildlife products in or from the CAR;
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obstructing the delivery of humanitarian assistance to the CAR, or access to, or distribution of, humanitarian assistance in the CAR;
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involved in planning, directing, sponsoring, or conducting attacks against UN missions or international security presences, including MINUSCA, the Union missions and French forces which support them, as well as against humanitarian personnel;
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being leaders of an entity designated by the Committee, or having provided support to, or acted for or on behalf of, or at the direction of a person or an entity designated by the Committee, or an entity owned or controlled by a person or entity designated by the Committee;
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committing acts of incitement to violence, in particular on an ethnic or religious basis, that undermine the peace, stability or security of the CAR, and then engaging in or providing support for acts that undermine the peace, stability or security of the CAR;
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involved in planning, directing, sponsoring or committing acts in the CAR that violate international humanitarian law, including attacks against medical personnel or humanitarian personnel,
as listed in the Annex to this Decision.
2.
Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.
3.
Paragraph 1 shall not apply where entry or transit is necessary for the fulfilment of a judicial process.
4.
Paragraph 1 shall not apply where the Committee determines, on a case-by-case basis, that:
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travel is justified on the grounds of humanitarian need, including religious obligation;
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an exemption would further the objectives of peace and national reconciliation in the CAR and regional stability.
5.
In cases where, pursuant to paragraph 3 or 4, a Member State authorises the entry into, or transit through, its territory of a person listed in the Annex, the authorisation shall be limited to the purpose for which it was granted and to the person concerned thereby.
Article 2b
1.
All funds and economic resources owned or controlled directly or indirectly by the persons and entities designated by the Committee and listed in the Annex as:
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engaging in or providing support for acts that undermine the peace, stability or security of the CAR, including acts that threaten or impede the stabilization and reconciliation process or that fuel violence;
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acting in violation of the arms embargo established in paragraph 54 of UNSCR 2127 (2013) and Article 1 of this Decision, or as having directly or indirectly supplied, sold, or transferred to armed groups or criminal networks in the CAR, or as having been the recipient of arms or any related materiel, or any technical advice, training, or assistance, including financing and financial assistance, related to violent activities of armed groups or criminal networks in the CAR;
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involved in planning, directing, or committing acts in the CAR that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, including those involving targeting of civilians, ethnic- or religious-based attacks, attacks on civilian objects, including administrative centres, courthouses, schools and hospitals, and abduction and forced displacement;
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involved in planning, directing or committing acts involving sexual and gender-based violence in the CAR;
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recruiting or using children in armed conflict in the CAR, in violation of applicable international law;
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providing support for armed groups or criminal networks through the illicit exploitation or trade of natural resources, including diamonds, gold, wildlife as well as wildlife products in or from the CAR;
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obstructing the delivery of humanitarian assistance to the CAR, or access to, or distribution of, humanitarian assistance in the CAR;
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involved in planning, directing, sponsoring, or conducting attacks against UN missions or international security presences, including MINUSCA, the Union missions and French forces which support them, as well as against humanitarian personnel;
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being leaders of an entity designated by the Committee, or having provided support to, or acted for or on behalf of, or at the direction of a person or an entity designated by the Committee, or an entity owned or controlled by a person or entity designated by the Committee;
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committing acts of incitement to violence, in particular on an ethnic or religious basis, that undermine the peace, stability or security of the CAR, and then engaging in or providing support for acts that undermine the peace, stability or security of the CAR;
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involved in planning, directing, sponsoring or committing acts in the CAR that violate international humanitarian law, including attacks against medical personnel or humanitarian personnel,
shall be frozen.
2.
No funds, financial assets or economic resources shall be made available, directly or indirectly, to or for the benefit of any person or entity referred to in paragraph 1.
3.
A Member State may allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds and economic resources which are:
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necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
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intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;
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intended exclusively for the payment of fees or service charges for routine holding or maintenance of frozen funds, other financial assets and economic resources;
after notification by the Member State concerned to the Committee of the intention to authorise, where appropriate, access to such funds and economic resources, and in the absence of a negative decision by the Committee within five working days of such notification.
4.
A Member State may also allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds and economic resources which are:
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necessary for extraordinary expenses, after notification by the Member State concerned to the Committee and approval by the latter;
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the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered into prior to 27 January 2017, and is not for the benefit of a person or entity referred to in this Article, after notification by the Member State concerned to the Committee.
5.
Paragraph 1 shall not prevent a designated person or entity from making payment due under a contract entered into before the listing of such a person or entity, provided that the relevant Member State has determined that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1 and after notification by the relevant Member State to the Committee of the intention to make or receive such payments or to authorise, where appropriate, the unfreezing of funds or economic resources for this purpose, 10 working days prior to such authorisation.
6.
Paragraph 2 shall not apply to the addition to frozen accounts of:
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interest or other earnings on those accounts; or
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payments due under contracts, agreements or obligations that were concluded or that arose prior to the date on which those accounts became subject to restrictive measures under this Decision;
provided that any such interest, other earnings and payments continue to be subject to paragraph 1.