Council Regulation (EU) No 747/2014 of 10 July 2014 concerning restrictive measures in view of the situation in Sudan and repealing Regulations (EC) No 131/2004 and (EC) No 1184/2005

For the purposes of this Regulation, the following definitions shall 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 third countries 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, and includes 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 that 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’ refers to 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 UN Security Council Committee established pursuant to paragraph 3 of UNSCR 1591 (2005);

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:

1. provide technical assistance or brokering services related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts therefor, directly or indirectly to any natural or legal person, entity or body in, or for use in Sudan;

2. 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, directly or indirectly to any natural or legal person, entity or body in, or for use in Sudan.

By way of derogation from Article 2, the competent authorities of Member States may authorise the provision of financing and financial assistance, technical assistance and brokering services related to:

1. non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use, or for institution-building programmes of the UN, the African Union (AU), the European Union;

2. materiel intended for European Union, UN and AU crisis management operations;

3. de-mining equipment and materiel for use in de-mining operations.

Article 2 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Sudan by UN personnel, personnel of the European Union or its Member States, representatives of the media, humanitarian and development workers and associated personnel for their personal use only.