(a) "brokering services" means: (i) 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 (ii) 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;
(b) "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: (i) a claim for performance of any obligation arising under or in connection with a contract or transaction; (ii) a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form; (iii) a claim for compensation in respect of a contract or transaction; (iv) a counterclaim; (v) 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;
(c) "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, in particular 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; (d) "competent authorities" means the competent authorities of the Member States as identified on the websites listed in Annex III; (e) "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; (f) "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; (g) "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; (h) "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; and (vii) documents showing evidence of an interest in funds or financial resources;
(i) "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; (j) "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.
Council Regulation (EU) 2015/735 of 7 May 2015 concerning restrictive measures in respect of the situation in South Sudan, and repealing Regulation (EU) No 748/2014
Modified by
- Council Implementing Regulation (EU) 2015/1112of 9 July 2015implementing Articles 20(1) and 22(1) of Regulation (EU) 2015/735 concerning restrictive measures in respect of the situation in South Sudan, 32015R1112, July 10, 2015
- Council Implementing Regulation (EU) 2017/402of 7 March 2017implementing Article 20(3) of Regulation (EU) 2015/735 concerning restrictive measures in respect of the situation in South Sudan, 32017R0402, March 9, 2017
- Council Implementing Regulation (EU) 2018/164of 2 February 2018implementing Article 22(1) of Regulation (EU) 2015/735 concerning restrictive measures in respect of the situation in South Sudan, 32018R0164, February 3, 2018
Corrected by
- Corrigendum to Council Regulation (EU) 2015/735 of 7 May 2015 concerning restrictive measures in respect of the situation in South Sudan, and repealing Regulation (EU) No 748/2014, 32015R0735R(01), June 11, 2015
(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, South 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 South Sudan.
(a) 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 (EU) or the Intergovernmental Authority on Development (IGAD); (b) materiel intended for EU, UN and AU crisis management operations; (c) demining equipment and materiel for use in demining operations; (d) support for the process of Security Sector Reform in South Sudan.
(a) the competent authority concerned has determined that the funds or economic resources are: (i) necessary to satisfy the basic needs of natural or legal persons, entities or bodies listed in Annex I, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges; (ii) intended exclusively for payment of reasonable professional fees or reimbursement of incurred expenses associated with the provision of legal services; or (iii) intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources;
and (b) the Member State concerned has notified the Sanctions Committee of the determination referred to in point (a) and its intention to grant an authorisation, and the Sanctions Committee has not objected to that course of action within five working days of notification.
(a) the competent authority concerned has determined that the funds or economic resources are necessary for extraordinary expenses; (b) the Member State concerned has notified the Sanctions Committee of that determination and the Sanctions Committee has approved that determination.
(a) necessary to satisfy the basic needs of natural or legal persons, entities or bodies listed in Annex II, and dependent family members of such natural persons, 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 or 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; or (d) necessary for extraordinary expenses, provided that the relevant competent authority has notified the competent authorities of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted at least two weeks prior to the authorisation.
(a) the funds or economic resources in question are the subject of a judicial, administrative or arbitral lien established prior to the date of adoption of UNSCR 2206 (2015), or of a judicial, administrative or arbitral judgment rendered prior to that date; (b) the funds or economic resources in question will be used exclusively to satisfy claims secured by such a lien or recognised as valid in such a judgment, within the limits set by applicable laws and regulations governing the rights of persons having such claims; (c) the lien or judgment is not for the benefit of a person, entity or body listed in Annex I or II; (d) recognising the lien or judgment is not contrary to public policy in the Member State concerned; (e) the Sanctions Committee has been notified by the Member State of the lien or judgment.
(a) the funds or economic resources are the subject of an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in Article 5(2) was listed in Annex II, or of a judicial or administrative decision rendered in an Member State, or a judicial decision enforceable in the Member State concerned, prior to or after that date; (b) the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims; (c) the decision is not for the benefit of a natural or legal person, entity or body listed in Annex I or II; (d) recognition of the decision is not contrary to public policy in the Member State concerned.
(a) that the funds or economic resources are to be used for a payment by a natural or legal person, entity or body listed in Annex I; (b) that the payment is not in breach of Article 5(3); (c) that the Sanctions Committee has been notified by the relevant Member State of the intention to grant an authorisation 10 working days in advance.
(a) that the funds or economic resources are to be used for a payment by a natural or legal person, entity or body listed in Annex II; (b) that the payment is not in breach of Article 5(3).
(a) interest or other earnings on those accounts; or (b) payments due under contracts, agreements or obligations that were concluded or arose before the date on which the natural or legal person, entity or body referred to in Article 5 has been included in Annex I or II.
(a) supply immediately any such information which would facilitate compliance with this Regulation, such as information on accounts and amounts frozen in accordance with Article 5, to the competent authority of the Member State where they are resident or located, and shall transmit such information, directly or through the Member State, to the Commission; and (b) cooperate with the competent authority in any verification of this information.
(a) designated natural or legal persons, entities or bodies listed in Annex I or II; (b) any natural or legal person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in point (a).
(a) funds frozen under Article 5 and authorisations granted under Article 3 and Articles 6 to 12; (b) violation and enforcement problems and judgments handed down by national courts.
(a) within the territory of the Union, including its airspace; (b) on board of any aircraft or any vessel under the jurisdiction of a Member State; (c) to any person inside or outside the territory of the Union who is a national of a Member State; (d) to any legal person, entity or body, inside or outside the territory of the Union, which is incorporated or constituted under the law of a Member State; (e) to any legal person, entity or body in respect of any business done in whole or in part within the Union.
| Name | Identifying information | Reasons | Date of listing | |
|---|---|---|---|---|
| 1. | Commander of the third Infantry Division of the Sudan People's Liberation Army (SPLA) | Santino Deng is commander of the third Infantry Division of the SPLA that took part in in the recapture of Bentiu in May 2014. Santino Deng is thus responsible for violations of the 23 January Cessation of Hostilities Agreement. | ||
| 2. | Leader of the anti-government Nuer militia. Place of birth: Mayom County Unity State | Peter Gadet is leader of the anti-government Nuer militia that conducted an attack on Bentiu on | ||
| 1. | Paul Malong | Paul Malong was Chief of the General Staff of the SPLA (Sudan People's Liberation Army) until May 2017. Although he has been removed from his position, he remains a highly influential figure as he commands control of several militia, has loyalties within the SPLA and has a large patronage network. His influence is also demonstrated by the facts that in October 2017 senior officers (including Lt. Col. Chan Garang) attempted to forcefully free Malong from house arrest; in January 2018, President Kiir accused Malong of mobilising for war. Malong also commanded troops that committed serious violations of human rights, including the targeting and killing of civilians and extensive destruction of villages. | ||
| 2. | Michael Makuei Leuth | Michael Makuei Leuth has held the position of Minister for Information and Broadcasting since 2013 and has been the public spokesman for the government delegation to the Intergovernmental Authority on Development (IGAD) peace talks. Makuei has obstructed the political process in South Sudan, in particular by obstructing the implementation of the Agreement on the Resolution of the Conflict in South Sudan (ARCSS) of August 2015 through inflammatory public statements and obstructing the work of the ARCSS Joint Monitoring Evaluation Committee and the establishment of the ARCSS Transitional Justice Institutions. He has also obstructed the operations of the UN's Regional Protection Force (RPF). Makuei is also responsible for serious violations of human rights, including restrictions on freedom of expression. | ||
| 3. | Malek Reuben Riak |
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