Council Decision (CFSP) 2024/882 of 18 March 2024 amending Decision 2010/231/CFSP concerning restrictive measures against Somalia

Decision 2010/231/CFSP is amended as follows:

1. The title is replaced by the following:

   ‘Council Decision 2010/231/CFSP of 26 April 2010 concerning restrictive measures in view of the situation in Somalia’;

2. Article 1 is replaced by the following:

   1.

   The direct or indirect supply, sale or transfer of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned to Somalia by nationals of Member States or from the territories of Member States shall be prohibited whether originating or not in their territories.

   2.

   The direct or indirect supply to Somalia of technical advice, financial or other assistance or training related to military activities, including in particular technical training and assistance related to the provision, manufacture, maintenance or use of the items mentioned in paragraph 1, by nationals of Member States or from the territories of the Member States, shall be prohibited.

   3.

   Paragraphs 1 and 2 shall not apply to:

   1. the supply, sale or transfer of arms or related material of all types, and the direct or indirect supply of technical advice, financial or other assistance or training related to military activities, to the Government of the Federal Republic of Somalia (GFRS), the Somali National Army (SNA), the National Intelligence and Security Agency (NISA), the Somali National Police Force (SNPF) or the Somali Custodial Corps; or,

   2. the supply, sale or transfer of arms and related material of all types, and the direct or indirect supply of technical advice, financial or other assistance or training related to military activities, to Somalia’s Federal Member States and regional governments or to licenced private security companies operating in Somalia; the delivery of the items set out in Annexes II and III, and the provision of technical advice, financial or other assistance, or training related to military activities shall be subject to the relevant approval or notification requirements as follows:

      1. the supply, sale or transfer of arms and related material of all types set out in Annex II to Somalia’s Federal Member States and regional governments or to licenced private security companies operating in Somalia to provide security for international and commercial premises and personnel in Somalia may be provided in the absence of a negative decision by the Security Council Committee pursuant to resolution 2713 (2023) concerning Al-Shabaab (the “Sanctions Committee”) within five working days of receiving a notification from the GFRS;

      2. the supply, sale or transfer of arms and related material of all types set out in Annex III to Somalia’s Federal Member States and regional governments or licenced private security companies operating in Somalia to provide security for international and commercial premises and personnel in Somalia are subject to notification to the Sanctions Committee, for information only, at least five working days in advance by the GFRS;

   3. the supply, sale or transfer of arms and related material of all types, or the direct or indirect supply of technical advice, financial or other assistance or training related to military activities, intended solely for the support of or use by United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM) and the United Nations Support Office in Somalia (UNSOS);

   4. the supply, sale or transfer of arms or related material of all types, or the direct or indirect supply of technical advice, financial or other assistance or training related to military activities, intended solely for the support of or use by the African Union Transition Mission in Somalia (ATMIS) and its Troop- and Police-Contributing Countries, as well as its strategic partners, who are operating solely under the latest African Union (AU) Strategic Concept of Operations, and in cooperation and coordination with ATMIS;

   5. the supply, sale or transfer of arms or related material of all types, or the direct or indirect supply of technical advice, financial or other assistance or training related to military activities, intended solely for the support of or use by: the European Union training and support activities, Türkiye, the United Kingdom of Great Britain and Northern Ireland or the United States of America, as well as any other State forces with a status of forces agreement or a memorandum of understanding with the GFRS, provided they inform the Sanctions Committee, for information purposes only, about the existence of such agreements;

   6. the supply, sale or transfer of protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by United Nations personnel, representatives of the media, private security contractors or humanitarian and development workers and associated personnel for their personal use only;

   7. the supply, sale or transfer of non-lethal military equipment by the Member States, or by international regional or subregional organisations, intended solely for humanitarian or protective use;

   8. the entry into Somali ports for temporary visits of vessels carrying weapons or military equipment for defensive purposes, provided that such items remain at all times aboard those vessels.

   4.

   It shall be prohibited to supply, resell, transfer, or make available for use any weapons or military equipment, sold or supplied in accordance with Article 1(3), points (a), (b), (c), (d) or (e), to any individual or entity not in the service of the recipient to which it was originally sold or supplied, or to the selling or supplying Member State or international, regional or subregional organisation.’

   ;

3. In Article 1c, paragraphs 3 and 4 are replaced by the following:

   ‘3.

   Member States shall notify the GFRS for its awareness and the Sanctions Committee of the sale, supply or transfer of items referred to in paragraph 2 within 15 working days after the sale, supply or transfer takes place. The notifications shall contain all relevant information, including the purpose of the use of the items, the end user, the technical specifications, the quantity of the items to be shipped and the intended storage location. They shall ensure that the GFRS and the Federal Member States of Somalia are provided with adequate financial and technical assistance to establish appropriate safeguards for the storage and distribution of such materials.

   4.

   Member States shall promote the exercise of vigilance by natural and legal persons subject to their jurisdiction as regards the direct or indirect supply, sale or transfer of explosive precursors and materials to Somalia that may be used in the manufacture of improvised explosive devices, other than the items listed in Annexes IV and V to this Decision. Member States shall keep records of transactions of which they are aware regarding suspicious purchases of, or enquiries into, such other items by natural or legal persons in Somalia, and shall share such information with the Federal Government of Somalia, the Sanctions Committee and the Panel of Experts pursuant to resolution 2713 (2023).’

   ;

4. Annexes II, III, IV, and V to Decision 2010/231/CFSP are amended as set out in the Annex to this Decision.

Decision 2010/231/CFSP is amended as follows:

1. The title is replaced by the following:

   ‘Council Decision 2010/231/CFSP of 26 April 2010 concerning restrictive measures in view of the situation in Somalia’;

2. Article 1 is replaced by the following:

   1.

   The direct or indirect supply, sale or transfer of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned to Somalia by nationals of Member States or from the territories of Member States shall be prohibited whether originating or not in their territories.

   2.

   The direct or indirect supply to Somalia of technical advice, financial or other assistance or training related to military activities, including in particular technical training and assistance related to the provision, manufacture, maintenance or use of the items mentioned in paragraph 1, by nationals of Member States or from the territories of the Member States, shall be prohibited.

   3.

   Paragraphs 1 and 2 shall not apply to:

   1. the supply, sale or transfer of arms or related material of all types, and the direct or indirect supply of technical advice, financial or other assistance or training related to military activities, to the Government of the Federal Republic of Somalia (GFRS), the Somali National Army (SNA), the National Intelligence and Security Agency (NISA), the Somali National Police Force (SNPF) or the Somali Custodial Corps; or,

   2. the supply, sale or transfer of arms and related material of all types, and the direct or indirect supply of technical advice, financial or other assistance or training related to military activities, to Somalia’s Federal Member States and regional governments or to licenced private security companies operating in Somalia; the delivery of the items set out in Annexes II and III, and the provision of technical advice, financial or other assistance, or training related to military activities shall be subject to the relevant approval or notification requirements as follows:

      1. the supply, sale or transfer of arms and related material of all types set out in Annex II to Somalia’s Federal Member States and regional governments or to licenced private security companies operating in Somalia to provide security for international and commercial premises and personnel in Somalia may be provided in the absence of a negative decision by the Security Council Committee pursuant to resolution 2713 (2023) concerning Al-Shabaab (the “Sanctions Committee”) within five working days of receiving a notification from the GFRS;

      2. the supply, sale or transfer of arms and related material of all types set out in Annex III to Somalia’s Federal Member States and regional governments or licenced private security companies operating in Somalia to provide security for international and commercial premises and personnel in Somalia are subject to notification to the Sanctions Committee, for information only, at least five working days in advance by the GFRS;

   3. the supply, sale or transfer of arms and related material of all types, or the direct or indirect supply of technical advice, financial or other assistance or training related to military activities, intended solely for the support of or use by United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM) and the United Nations Support Office in Somalia (UNSOS);

   4. the supply, sale or transfer of arms or related material of all types, or the direct or indirect supply of technical advice, financial or other assistance or training related to military activities, intended solely for the support of or use by the African Union Transition Mission in Somalia (ATMIS) and its Troop- and Police-Contributing Countries, as well as its strategic partners, who are operating solely under the latest African Union (AU) Strategic Concept of Operations, and in cooperation and coordination with ATMIS;

   5. the supply, sale or transfer of arms or related material of all types, or the direct or indirect supply of technical advice, financial or other assistance or training related to military activities, intended solely for the support of or use by: the European Union training and support activities, Türkiye, the United Kingdom of Great Britain and Northern Ireland or the United States of America, as well as any other State forces with a status of forces agreement or a memorandum of understanding with the GFRS, provided they inform the Sanctions Committee, for information purposes only, about the existence of such agreements;

   6. the supply, sale or transfer of protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by United Nations personnel, representatives of the media, private security contractors or humanitarian and development workers and associated personnel for their personal use only;

   7. the supply, sale or transfer of non-lethal military equipment by the Member States, or by international regional or subregional organisations, intended solely for humanitarian or protective use;

   8. the entry into Somali ports for temporary visits of vessels carrying weapons or military equipment for defensive purposes, provided that such items remain at all times aboard those vessels.

   4.

   It shall be prohibited to supply, resell, transfer, or make available for use any weapons or military equipment, sold or supplied in accordance with Article 1(3), points (a), (b), (c), (d) or (e), to any individual or entity not in the service of the recipient to which it was originally sold or supplied, or to the selling or supplying Member State or international, regional or subregional organisation.’

   ;

3. In Article 1c, paragraphs 3 and 4 are replaced by the following:

   ‘3.

   Member States shall notify the GFRS for its awareness and the Sanctions Committee of the sale, supply or transfer of items referred to in paragraph 2 within 15 working days after the sale, supply or transfer takes place. The notifications shall contain all relevant information, including the purpose of the use of the items, the end user, the technical specifications, the quantity of the items to be shipped and the intended storage location. They shall ensure that the GFRS and the Federal Member States of Somalia are provided with adequate financial and technical assistance to establish appropriate safeguards for the storage and distribution of such materials.

   4.

   Member States shall promote the exercise of vigilance by natural and legal persons subject to their jurisdiction as regards the direct or indirect supply, sale or transfer of explosive precursors and materials to Somalia that may be used in the manufacture of improvised explosive devices, other than the items listed in Annexes IV and V to this Decision. Member States shall keep records of transactions of which they are aware regarding suspicious purchases of, or enquiries into, such other items by natural or legal persons in Somalia, and shall share such information with the Federal Government of Somalia, the Sanctions Committee and the Panel of Experts pursuant to resolution 2713 (2023).’

   ;

4. Annexes II, III, IV, and V to Decision 2010/231/CFSP are amended as set out in the Annex to this Decision.

This Decision shall enter into force on the date following that of its publication in the Official Journal of the European Union.