(a) "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;
(b) "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; (c) "competent authorities" refers to the competent authorities of the Member States as identified on the websites listed in Annex II; (d) "economic resources" means assets of any kind, whether tangible or intangible, movable or immovable, which are not funds, but may be used to obtain funds, goods or services; (e) "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; (f) "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 any other change that would enable the funds to be used, including portfolio management; (g) "funds" means financial assets and benefits of any 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-traded 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;
(h) "Sanctions Committee" means the Committee of the Security Council established pursuant to paragraph 9 of United Nations Security Council Resolution UNSCR 2374 (2017); (i) "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) 2017/1770 of 28 September 2017 concerning restrictive measures in view of the situation in Mali
Modified by
- Commission Implementing Regulation (EU) 2019/1163of 5 July 2019amending and setting out a single list for the Annexes containing contact details of Member States competent authorities and address for notifications to the European Commission to certain Regulations concerning restrictive measures, 32019R1163, July 8, 2019
- Council Implementing Regulation (EU) 2020/8of 7 January 2020implementing Article 12(1) of Regulation (EU) 2017/1770 concerning restrictive measures in view of the situation in Mali, 32020R0008, January 8, 2020
- Council Implementing Regulation (EU) 2020/116of 27 January 2020implementing Article 12(1) of Regulation (EU) 2017/1770 concerning restrictive measures in view of the situation in MaliCorrigendum to Council Implementing Regulation (EU) 2020/116 of 27 January 2020 implementing Article 12(1) of Regulation (EU) 2017/1770 concerning restrictive measures in view of the situation in Mali(Official Journal of the European Union L 22 of 28 January 2020), 32020R011632020R0116R(01), January 28, 2020
- Council Regulation (EU) 2021/2201of 13 December 2021amending Regulation (EU) 2017/1770 concerning restrictive measures in view of the situation in Mali, 32021R2201, December 14, 2021
- Council Implementing Regulation (EU) 2022/156of 4 February 2022implementing Article 12(2) of Regulation (EU) 2017/1770 concerning restrictive measures in view of the situation in Mali, 32022R0156, February 4, 2022
- Commission Implementing Regulation (EU) 2022/595of 11 April 2022amending certain Regulations concerning restrictive measures and setting out a single list for the Annexes to those Regulations containing the contact details of Member States’ competent authorities and the address for notifications to the European Commission, 32022R0595, April 12, 2022
- Council Implementing Regulation (EU) 2022/2179of 8 November 2022implementing Regulation (EU) 2017/1770 concerning restrictive measures in view of the situation in Mali, 32022R2179, November 9, 2022
- Council Implementing Regulation (EU) 2022/2436of 12 December 2022implementing Article 12(2) of Regulation (EU) 2017/1770 concerning restrictive measures in view of the situation in Mali, 32022R2436, December 13, 2022
- Council Implementing Regulation (EU) 2023/428of 25 February 2023implementing Article 12(2) of Regulation (EU) 2017/1770 concerning restrictive measures in view of the situation in Mali, 32023R0428, February 25, 2023
- Council Regulation (EU) 2023/720of 31 March 2023amending certain Council Regulations concerning restrictive measures in order to insert provisions on a humanitarian exemption, 32023R0720, April 3, 2023
- Council Implementing Regulation (EU) 2023/2798of 11 December 2023implementing Article 12(2) of Regulation (EU) 2017/1770 concerning restrictive measures in view of the situation in Mali, 32023R2798, December 12, 2023
Corrected by
- Corrigendum to Council Implementing Regulation (EU) 2020/116 of 27 January 2020 implementing Article 12(1) of Regulation (EU) 2017/1770 concerning restrictive measures in view of the situation in Mali, 32020R0116R(01), February 20, 2020
(a) the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations; (b) international organisations; (c) humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations; (d) bilaterally or multilaterally funded non-governmental Organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA); (e) the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or by, (f) appropriate other actors as determined by the Sanctions Committee as regards Annex I, and by the Council as regards Annex Ia.
(a) engaging in hostilities in violation of the Agreement on Peace and Reconciliation in Mali (the "Agreement"); (b) taking actions that obstruct, or that obstruct by prolonged delay, or that threaten the implementation of the Agreement; (c) acting for or on behalf of or at the direction of, or otherwise supporting or financing individuals and entities identified under points (a) or (b), including through the proceeds from organised crime, including the production and trafficking of narcotic drugs and their precursors originating in or transiting through Mali, the trafficking in persons and the smuggling of migrants, the smuggling and trafficking of arms, as well as the trafficking in cultural property; (d) involved in planning, directing, sponsoring, or conducting attacks against: (i) the various entities referenced in the Agreement, including local, regional and state institutions, joint patrols and the Malian Security and Defence forces; (ii) United Nations Multidimensional Integrated Stabilization Mission (MINUSMA) peacekeepers and other UN and associated personnel, including members of the Panel of Experts; (iii) international security presences, including the Force Conjointe des Etats du G5 Sahel (FC-G5S), European Union Missions and French forces;
(e) obstructing the delivery of humanitarian assistance to Mali, or access to, or distribution of, humanitarian assistance in Mali; (f) planning, directing, or committing acts in Mali that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, including those involving the targeting of civilians, including women or children, through the commission of acts of violence (including killing, maiming, torture, or rape or other sexual violence), abduction, enforced disappearance, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge; (g) using or recruiting children by armed groups or armed forces in violation of applicable international law, in the context of the armed conflict in Mali; or (h) knowingly facilitating the travel of a listed person in violation of the travel restrictions.
(a) being responsible for or complicit in, or having engaged, directly or indirectly, in the actions or policies that threaten the peace, security, or stability of Mali, such as those actions or policies referred to in Article 2a, paragraph 1; or (b) obstructing or undermining the successful completion of Mali’s political transition, including by obstructing or undermining the holding of elections or the handover of power to elected authorities; or (c) being associated with natural or legal persons, entities or bodies referred to in points (a) or (b).
(a) necessary to satisfy the basic needs of natural persons listed in Annex I or Annex Ia, 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; and
(a) where the authorisation concerns a natural or legal person, entity or body listed in Annex I such determination has been notified to the Sanctions Committee by the competent authority of the Member State concerned and that the determination has been approved by that Committee; and (b) where the authorisation concerns a natural or legal person, entity or body listed in Annex Ia, the Member State concerned has notified other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least 2 weeks prior to granting the authorisation.
(a) the funds or economic resources are the subject of: (i) for a natural or legal person, entity or body listed in Annex I, a judicial, administrative or arbitral decision established prior to the date on which the natural or legal person, entity or body referred to in Article 2a was included in Annex I, or of a judicial, administrative or arbitral lien rendered prior to that date; (ii) for a natural or legal person, entity or body listed in Annex Ia, an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in Article 2b was included in Annex Ia, or of a judicial or administrative decision rendered in the Union, 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 a decision referred to in point (a) 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 or lien is not for the benefit of a natural or legal person, entity or body listed in Annex I or Annex Ia; (d) recognising the decision or lien is not contrary to public policy in the Member State concerned; and (e) for a natural or legal person, entity or body listed in Annex I, the Sanctions Committee has been notified by the Member State of the decision or lien.
(a) the funds or economic resources shall be used for a payment by a natural or legal person, entity or body listed in Annex I or Annex Ia; and, (b) the payment is not in breach of Article 2(2).
(a) interest or other earnings on those accounts; (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 2 has been included in Annex I or Annex Ia; or (c) payments due to a natural or legal person, entity or body listed in Annex Ia under judicial, administrative or arbitral decisions rendered in the EU or enforceable in the Member State concerned,
(a) supply immediately any information which would facilitate compliance with this Regulation, such as information on accounts and amounts frozen in accordance with Article 2, 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 Annex Ia; (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) in respect of funds frozen under Article 2 and authorisations granted under Articles 3, 4 and 5; (b) in respect of violation and enforcement problems and judgments handed down by national courts.
(a) as regards the Council, preparing and making amendments to Annex I and Ia; (b) as regards the High Representative, preparing amendments to Annex I and Ia; (c) as regards the Commission: (i) adding the contents of Annex I and Ia to the electronic, consolidated list of persons, groups and entities subject to Union financial sanctions and to the interactive sanctions map, both publicly available; (ii) processing information on the impact of the measures provided for in this Regulation such as the value of frozen funds and information on authorisations granted by the competent authorities.
(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. | DIAW, Malick | |||
2. | WAGUÉ, Ismaël | |||
3. | MAÏGA, Choguel | |||
4. | MAÏGA, Ibrahim Ikassa | |||
5. | ||||
6. |
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