(a) "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; technical assistance includes verbal forms of assistance; (b) "funds" means financial assets and benefits of every kind, including but not limited to: (i) cash, cheques, claims on money, drafts, money orders and other payment instruments; (ii) deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; (iii) publicly and privately traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts; (iv) interest, dividends or other income on or value accruing from or generated by assets; (v) credit, right of set-off, guarantees, performance bonds or other financial commitments; (vi) letters of credit, bills of lading, bills of sale; (vii) documents evidencing an interest in funds or financial resources; (viii) any other instrument of export-financing;
(c) "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; (d) "economic resources"means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but can be used to obtain funds, goods or services; (e) "freezing of economic resources"means preventing their use to obtain funds, goods or services in any way, including, but not limited to, the selling, hiring or mortgaging of them.
Council Regulation (EC) No 314/2004 of 19 February 2004 concerning certain restrictive measures in respect of Zimbabwe
Modified by
- Commission Regulation (EC) No 1488/2004of 20 August 2004amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe, 32004R1488, August 21, 2004
- Commission Regulation (EC) No 898/2005of 15 June 2005amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe, 32005R0898, June 16, 2005
- Commission Regulation (EC) No 1272/2005of 1 August 2005amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe, 32005R1272, August 2, 2005
- Commission Regulation (EC) No 1367/2005of 19 August 2005amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe, 32005R1367, August 20, 2005
- Council Regulation (EC) No 1791/2006of 20 November 2006adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania, 32006R1791, December 20, 2006
- Commission Regulation (EC) No 236/2007of 2 March 2007amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe, 32007R0236, March 6, 2007
- Commission Regulation (EC) No 412/2007of 16 April 2007amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe, 32007R0412, April 18, 2007
- Commission Regulation (EC) No 777/2007of 2 July 2007amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe, 32007R0777, July 3, 2007
- Commission Regulation (EC) No 702/2008of 23 July 2008amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe, 32008R0702, July 24, 2008
- Commission Regulation (EC) No 1226/2008of 8 December 2008amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe, 32008R1226, December 10, 2008
- Commission Regulation (EC) No 77/2009of 26 January 2009amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of ZimbabweCorrigendum to Commission Regulation (EC) No 77/2009 of 26 January 2009 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe(Official Journal of the European Union L 23 of 27 January 2009)Corrigendum to Commission Regulation (EC) No 77/2009 of 26 January 2009 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe(Official Journal of the European Union L 23 of 27 January 2009), 32009R007732009R0077R(01)32009R0077R(03), January 27, 2009
- Commission Regulation (EU) No 173/2010of 25 February 2010amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe, 32010R0173, March 2, 2010
- Commission Regulation (EU) No 174/2011of 23 February 2011amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe, 32011R0174, February 24, 2011
- Commission Implementing Regulation (EU) No 151/2012of 21 February 2012amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe, 32012R0151, February 22, 2012
- Commission Implementing Regulation (EU) No 145/2013of 19 February 2013amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe, 32013R0145, February 20, 2013
- Council Regulation (EU) No 517/2013of 13 May 2013adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, transport policy, energy, taxation, statistics, trans-European networks, judiciary and fundamental rights, justice, freedom and security, environment, customs union, external relations, foreign, security and defence policy and institutions, by reason of the accession of the Republic of Croatia, 32013R0517, June 10, 2013
- Commission Implementing Regulation (EU) No 915/2013of 23 September 2013amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe, 32013R0915, September 24, 2013
- Council Regulation (EU) No 153/2014of 17 February 2014amending Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe and repealing Regulation (EU) No 298/2013, 32014R0153, February 20, 2014
- Commission Implementing Regulation (EU) 2015/275of 19 February 2015amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe, 32015R0275, February 20, 2015
- Council Regulation (EU) 2015/612of 20 April 2015amending Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe, 32015R0612, April 21, 2015
- Council Regulation (EU) 2015/1919of 26 October 2015amending Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe, 32015R1919, October 27, 2015
- Commission Implementing Regulation (EU) 2015/1921of 26 October 2015amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe, 32015R1921, October 27, 2015
- Council Regulation (EU) 2016/214of 15 February 2016amending Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe, 32016R0214, February 17, 2016
- Commission Implementing Regulation (EU) 2016/218of 16 February 2016amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe, 32016R0218, February 17, 2016
- Council Regulation (EU) 2017/284of 17 February 2017amending Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe, 32017R0284, February 18, 2017
Corrected by
- Corrigendum to Commission Regulation (EC) No 77/2009 of 26 January 2009 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe, 32009R0077R(01), February 17, 2009
- Corrigendum to Commission Regulation (EC) No 77/2009 of 26 January 2009 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe, 32009R0077R(03), March 21, 2009
(a) to grant, sell, supply or transfer technical assistance 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 person, entity or body in, or for use in Zimbabwe; (b) to provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of arms and related materiel, directly or indirectly to any person, entity or body in, or for use in Zimbabwe; (c) to participate, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to promote the transactions referred to at points (a) or (b).
(a) knowingly and intentionally, to sell, supply, transfer or export, directly or indirectly, equipment which might be used for internal repression as listed in Annex I, whether or not originating in the Community, to any natural or legal person, entity or body in, or for use in Zimbabwe; (b) to grant, sell, supply or transfer, directly or indirectly, technical assistance related to the equipment referred to at point (a), to any natural or legal person, entity or body in, or for use in Zimbabwe; (c) to provide, directly or indirectly, financing or financial assistance related to the equipment referred to at point (a), to any natural or legal person, entity or body in, or for use in Zimbabwe; (d) to participate, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to promote the transactions referred to at points (a), (b) or (c).
(a) the provision of financing and financial assistance and technical assistance related to: (i) non-lethal military equipment intended solely for humanitarian or protective use, or for institution-building programmes of the United Nations, the European Union and the Community; (ii) materiel intended for European Union and United Nations crisis-management operations;
(b) the sale, supply, transfer or export of equipment listed in Annex I intended solely for humanitarian or protective use, and the provision of financial assistance, financing and technical assistance related to these transactions.
(a) necessary for basic expenses, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums and public utility charges; (b) intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services; (c) intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; (d) necessary for extraordinary expenses, provided that the relevant competent authority has notified the grounds on which it considers that a specific authorisation should be granted to all other competent authorities and the Commission at least two weeks prior to the authorisation.
(a) interest or other earnings on those accounts; or (b) payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to Regulation (EC) No 310/2002 or this Regulation,
(a) supply immediately any information which would facilitate compliance with this Regulation, such as accounts and amounts frozen in accordance with Article 6, to the competent authorities of the Member States listed in Annex II where they are resident or located, and shall transmit such information, directly or through these competent authorities, to the Commission; (b) cooperate with the competent authorities listed in Annex II in any verification of this information.
(a) amend Annex II on the basis of information supplied by Member States; (b) amend Annex III on the basis of decisions taken in respect of the Annex to Common Position 2004/161/CFSP.
(a) within the territory of the Community, including its airspace; (b) on board any aircraft or any vessel under the jurisdiction of a Member State; (c) to any person inside or outside the territory of the Community who is a national of a Member State; (d) to any legal person, group or entity which is incorporated or constituted under the law of a Member State; (e) to any legal person, group or entity doing business within the Community.
1. Fire-arms, ammunition and related accessories therefor, as follows: 1.1. Firearms not controlled by ML 1 and ML 2 of the EU Common Military List; 1.2. Ammunition specially designed for the firearms listed in 1.1 and specially designed components therefor; 1.3. Weapon-sights not controlled by the EU Common Military List.
2. Bombs and grenades not controlled by the EU Common Military List. 3. Vehicles as follows: 3.1. Vehicles equipped with a water cannon, specially designed or modified for the purpose of riot control; 3.2. Vehicles specially designed or modified to be electrified to repel borders; 3.3. Vehicles specially designed or modified to remove barricades, including construction equipment with ballistic protection; 3.4. Vehicles specially designed for the transport or transfer of prisoners and/or detainees; 3.5. Vehicles specially designed to deploy mobile barriers; 3.6. Components for the vehicles specified in 3.1 to 3.5 specially designed for the purposes of riot control.
Note 1: This item does not control vehicles specially designed for the purposes of fire-fighting. Note 2: For the purposes of item 3.5 the term "vehicles" includes trailers. 4. Explosive substances and related equipment as follows: 4.1. Equipment and devices specially designed to initiate explosions by electrical or nonelectrical means, including firing sets, detonators, igniters, boosters and detonating cord, and specially designed components therefor; except those specially designed for a specific commercial use consisting of the actuation or operation by explosive means of other equipment or devices the function of which is not the creation of explosions (e.g., car air-bag inflaters, electric-surge arresters of fire sprinkler actuators); 4.2. Linear cutting explosive charges not controlled by the EU Common Military List; 4.3. Other explosives not controlled by the EU Common Military List and related substances as follows: (a) amatol; (b) nitrocellulose (containing more than 12,5 % nitrogen); (c) nitroglycol; (d) pentaerythritol tetranitrate (PETN); (e) picryl chloride; (f) 2,4,6-trinitrotoluene (TNT).
5. Protective equipment not controlled by ML 13 of the EU Common Military List as follows: 5.1. Body armour providing ballistic and/or stabbing protection; 5.2. Helmets providing ballistic and/or fragmentation protection, anti-riot helmets, anti-riot shields and ballistic shields.
Note: This item does not control: equipment specially designed for sports activities; equipment specially designed for safety of work requirements.
6. Simulators, other than those controlled by ML 14 of the EU Common Military List, for training in the use of firearms, and specially designed software therefor. 7. Night vision, thermal imaging equipment and image intensifier tubes, other than those controlled by the EU Common Military List. 8. Razor barbed wire. 9. Military knives, combat knives and bayonets with blade lengths in excess of 10 cm. 10. Production equipment specially designed for the items specified in this list. 11. Specific technology for the development, production or use of the items specified in this list.
| Name (and any aliases) | Identifying information | Grounds for designation |
|---|---|---|
| President, born | Head of Government and responsible for activities that seriously undermine democracy, respect for human rights and the rule of law. | |
| Born | Associated with the ZANU-PF faction of the government. Took over the Iron Mask Estate in 2002; alleged to illicitly derive large profits from diamond mining. | |
| Director-General Central Intelligence Organisation, born | Senior security figure with a close association with the ZANU-PF (Zimbabwe African National Union — Patriotic Front) faction of the government and complicit in forming or directing repressive state policy. Accused of being responsible for kidnapping, torturing and killing MDC activists in June 2008. | |
| Police Commissioner, born | Senior police officer and member of the Joint Operational Command, closely associated with the repressive policies of ZANU-PF. Publically confessed to support ZANU-PF in contravention of the Police Act. In June 2009 ordered the police to drop all cases related to murders committed to the run-up to the June 2008 Presidential election. | |
| Commander Zimbabwe Defence Forces, General (former Army Commander, Lieutenant General), born | Member of Joint Operational Command and complicit in forming or directing repressive state policy. Used army for farm takeovers. During 2008 elections was a prime architect of the violence associated with the process of the Presidential run-off. | |
| Air Marshal (Air Force), born | Senior military officer and member of ZANU-PF Joint Operational Command and complicit in forming or directing oppressive state policy. Involved in political violence, including during the 2008 election in Mashonaland West in Chiadzwa. | |
| Commander Zimbabwe National Army, Lieutenant General, born | Senior army figure with ties to the Government and complicit in forming or directing oppressive state policy. |
| Name | Identifying information | Grounds for designation |
|---|---|---|
| Zimbabwe Defence Industries | Associated with the Ministry of Defence and the ZANU-PF faction of Government. |
| 1. | Bonyongwe, Happyton Mabhuya |
| 2. | Chihuri, Augustine |
| 3. | Chiwenga, Constantine |
| 4. | Shiri, Perence (a.k.a. Bigboy) Samson Chikerema |
| 5. | Sibanda, Phillip Valerio (a.k.a. Valentine) |
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