Council Regulation (EU) No 224/2014 of 10 March 2014 concerning restrictive measures in view of the situation in the Central African Republic

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

1. ‘brokering services’ means:

   1. the negotiation or arrangement of transactions for the purchase, sale or supply of goods and technology or of financial and technical services, from a third country to any other third country, or

   2. the selling or buying of goods and technology or of financial and technical services that are located in a third country for their transfer to another third country;

2. ‘claim’ means any claim, whether asserted by legal proceedings or not, made before or after the date of entry into force of this Regulation, under or in connection with a contract or transaction, including in particular:

   1. a claim for performance of any obligation arising under or in connection with a contract or transaction;

   2. a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form;

   3. a claim for compensation in respect of a contract or transaction;

   4. a counterclaim;

   5. a claim for the recognition or enforcement, including by the procedure of exequatur, of a judgment, an arbitration award or an equivalent decision, wherever made or given;

3. ‘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;

4. ‘competent authorities’ means the competent authorities of the Member States as identified on the websites listed in Annex II;

5. ‘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;

6. ‘freezing of economic resources’ means preventing the use of economic resources to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them;

7. ‘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;

8. ‘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; and

   7. documents showing evidence of an interest in funds or financial resources;

9. ‘Sanctions Committee’ means the Committee of the United Nations Security Council which was established pursuant to paragraph 57 of United Nations Security Council Resolution UNSCR 2127 (2013);

10. ‘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;

11. ‘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.

It shall be prohibited to provide, directly or indirectly:

1. technical assistance or brokering services related to the goods and technology listed in the Common Military List of the European Union⁽¹⁾ (Common Military List) or related to the provision, manufacture, maintenance and use of goods included in that list, to any person, entity or body in the Central African Republic or for use in the Central African Republic;

2. financing or financial assistance related to the sale, supply, transfer or export of goods and technology listed in the Common Military List, 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 or brokering services to any person, entity or body in the Central African Republic or for use in the Central African Republic;

3. technical assistance, financing or financial assistance, brokering services or transport services related to the provision of armed mercenary personnel in the Central African Republic or for use in the Central African Republic.

By way of derogation from Article 2, the prohibitions laid down in that Article shall not apply to the provision of technical assistance, financing or financial assistance or brokering services:

1. intended solely for the support of or use by the United Nations Multidimensional Integrated Stabilization Mission in the Central African Republic (Minusca), the African Union Regional Task Force (AU-RTF), and the Union missions and the French forces deployed in the Central African Republic;

2. related to protective clothing, including flak jackets and military helmets, temporarily exported to the Central African Republic by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;

3. related to supplies of non-lethal equipment and provision of assistance, including operational and non-operational training to the Central African Republic security forces, including State civilian law enforcement institutions, intended solely for support of or use in the Central African Republic process of Security Sector Reform (‘SSR’), in coordination with Minusca, provided that they have been notified in advance to the Sanctions Committee.

By way of derogation from Article 2, and provided that the provision of such technical assistance or brokering services, financing or financial assistance has been approved in advance by the Sanctions Committee, the prohibitions laid down in that Article shall not apply to the provision of:

1. technical assistance or brokering services related to non-lethal military equipment intended solely for humanitarian or protective use;

2. technical assistance, financing or financial assistance to the sale, supply, transfer or export of goods and technology listed in the Common Military List or for any provision of related technical assistance or brokering services.