Regulations concerning restrictive measures against certain persons in light of the situation in Egypt
Date FOR-2015-12-11-1433
Ministry of Foreign Affairs
Published In 2015 Booklet 13
Commencement 12/11/2015
Edited
FOR 2016-05-25-536
Changes
For
Norway
Legal
LOV-2001-04-27-14-§1
Promulgated
12.11.2015 kl. 15.30
Short Title
Regulations on restrictive measures against certain persons, Egypt
Chapter Overview:
Main part
Appendix A
Adopted by Royal Decree. 11 December 2015 pursuant to the Act on 27 April 2001 no. 14 on iverksetjing of international, non-military measures in the form of disruption or limitation of economic or other relations with third countries or movements § 1. Issued by Ministry of Foreign Affairs.
Changes: Amended by regulation 25 May 2016 No.. 536.
§ 1. Scope This regulation and its appendices shall apply:
A)
on Norwegian territory, including Norwegian airspace
B)
on board every aircraft or vessel under Norwegian jurisdiction
C)
to all Norwegian citizens wherever they are located
D)
to all legal persons, entities and bodies that have been established or incorporated under Norwegian law
E)
to all legal persons, entities and bodies with regard to business activities they are engaged wholly or partly in Norway.
§ 2. The incorporation of Regulation (EC). 270/2011
(1) Regulation (EU) No. 270/2011 on restrictive measures against certain persons, entities and bodies in view of the situation in Egypt (which edited by Regulation (EC). 1099/2012), the force of regulations in its enclosed form, and to the adjustments required by this provision.
(2) The references to Member State, the Member State, the Member States, the EU and the European Union should be understood as "Norway", with the following exceptions:
A.
"EU" in Article 5 and Article 6. 1 shall be construed as to include Norway.
(3) The references to "competent authorities", including in some cases with references to the websites listed in Annex II shall read "Foreign Affairs."
(4) None of the provisions of the Regulation on information exchange between Member States and the Commission shall apply. Neither do provisions that natural and legal persons, entities and bodies should provide information to the Commission. Furthermore, the following provisions EU internal and shall not apply: Article 10 to 16. The same applies to Regulation Annex II.
§ 3. Penalties Contravention of the provisions of these regulations is punishable by law on 27 April 2001 no. 14 on iverksetjing of international, non-military measures in the form of disruption or limitation of economic or other relations with third countries or movements § 3.
§ 4. Exemptions Ministry may grant exemptions from the regulation on the basis of the attached Regulation exemption provisions. Foreign Affairs may also in special cases grant exemptions from these regulations if it gets a clear unintended effect, and assuming it does not conflict with Norway's international obligations or objectives behind the measures against certain persons in light of the situation in Egypt.
§ 5. Amendment of Regulations of Foreign Affairs is authorized to modify, suspend or revoke the regulation.
§ 6. Commencement These regulations come into force immediately.
Appendix A
Consolidated version of 07/01/2013
COUNCIL REGULATION (EU) NO. 270/2011
dated 21 March 2011
on restrictive measures against certain persons, entities and bodies in view of the situation in Egypt
Article 1
In this Regulation
A)
"money": financial assets and benefits of every kind, including but not limited to
I)
cash amount of money, checks, deposits, bills, statements and other payment instruments,
Ii)
balances with financial institutions or in other entities, balances on accounts receivable and tilgodehavendebevis,
Iii)
listed and unlisted financial instruments and debt instruments, including stocks and shares, securities certificates, bonds, promissory notes, purchase or subscription rights, unsecured securities and derivatives contracts,
Iv)
interest, dividends and other income or assets incurred on or generated by assets
V)
credits, netting agreements, guarantees, performance bonds or other financial commitments,
Vi)
letters of credit, bills of lading and mortgage deeds,
Vii)
documents showing ownership in funds or financial resources,
B)
"Freezing of funds": to prevent moving, transfer, alteration, or use of, access to, or handling money in any way that may lead to changes in volume, amount, location, ownership, possession, character or purpose or other changes which may make it possible to use the money, including portfolio management,
C)
"assets" means all types of assets, tangible or intangible, movable or immovable, which are not money, but that can be used to obtain cash, goods or services,
D)
"freezing of assets": to prevent the assets in any way be used to obtain cash, goods or services, including but not limited to sell, rent or pledge them
E)
'EU territory': those of Member States' territories in which the Treaty on European Union is applicable, under the conditions laid down in the Treaty, including their airspace.
Article 2
1. All money and assets belonging to or owned, held or controlled by persons in accordance with Article 1. 1 of Decision 2011/172 / CFSP is considered to be responsible for having unlawfully acquired Egyptian public funds, or natural or legal persons, entities or bodies associated with those individuals, listed in Annex I shall be frozen.
2. No money or assets shall be made available, directly or indirectly, for the benefit of the natural or legal persons, entities or bodies listed in Annex I.
3. It is prohibited intentionally to participate in activities that directly or indirectly has the purpose or effect to circumvent the measures referred to in paragraph. 1 and 2.
Article 3
1. Appendix I contains the reason why the natural or legal persons, entities or bodies are listed.
2. Annex I also includes, where available, information necessary to identify the natural or legal persons, entities or bodies. For natural persons this may include names, including aliases, date of birth and place of birth, nationality, passport number and identity card number, gender, address, if known, and position or profession. For legal persons, entities and bodies may include the name, registration date and place of birth, registration number and place of business.
Article 4
1. Member States' competent authorities, as indicated on the websites listed in Annex II, may grant exemptions from the provisions of Article 2 and grant permission, subject to the conditions they find appropriate, to release or ask certain frozen money or assets available when it is determined that the money or the assets
A)
necessary to meet basic needs of natural persons listed in Annex I and family members dependents, including payment of foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance and municipal taxes,
B)
solely to go to the payment of reasonable fees or reimbursement of expenses in connection with legal assistance,
C)
solely to go to the payment of fees and administrative fees for routine storage or management of frozen money or assets, or
D)
are necessary to cover extraordinary expenses, provided that Member State at least two weeks before the permit is granted, has notified all other Member States and the Commission stating that it considers that a specific authorization should be granted.
2. The Member shall notify the other Member States and the Commission of all authorizations granted in accordance with paragraph 1.
Article 5
1. Member States' competent authorities, as indicated on the websites listed in Annex II, may grant exemptions from the provisions of Article 2 and give permission to release certain frozen money or assets provided that
A)
money or the assets are subject to an arbitration award rendered before the date of the natural or legal person, device or entity referred to in Article 2 was listed in Annex I or to a judicial or administrative decision laid down in EU or a judicial decision which is enforceable in that Member State, before or after this date,
B)
money or the assets to be used exclusively to repay debts that are secured by or recognized as valid in such a decision, within the limits established by applicable law and regulations on such claimants rights
C)
decision is not in favor of natural or legal persons, entities or bodies listed in Annex I and
D)
recognition of the decision is not contrary to fundamental constitutional principles in the Member State concerned.
2. The Member shall notify the other Member States and the Commission of any authorizations granted under this Article.
Article 6
1. The provision in Article 2. 2 does not amount supplied frozen accounts in the form of
A)
interest or other returns on these accounts, or
B)
amounts due under contracts, agreements or obligations that were concluded or arose before the date on which the natural or legal person, device or entity referred to in Article 2 was listed in Annex I, or || |
C)
amounts due according to the legal, administrative or arbitration decisions that have been taken in the EU or that are enforceable in the Member State concerned,
When these rates or other earnings and payments are frozen in accordance with Article 2. 1.
2. The provision in Article 2. 2 shall not prevent financial or credit institutions in the EU from crediting frozen accounts when they receive money transferred to an account belonging to scheduled natural or legal persons, entities or bodies, provided that they credited amounts also be frozen. Financial or credit institution shall immediately notify the competent authority whether such transactions.
Article 7
In cases where natural or legal persons, entities or bodies listed in Annex I shall pay amounts due under a contract, agreement or obligation which the person, entity or body has entered into or incurred before the date they were listed in Annex I, member States' competent authorities, as indicated on the websites listed in Annex II, grant exemptions from the provisions of Article 2 and grant permission, subject to the conditions they find appropriate, to release certain frozen money or assets provided that
A)
competent authority has determined that
I)
money or the assets to be used as payment from a person, entity or body listed in Annex I, and
Ii)
payment is not in breach of Article 2. 2,
B)
the Member State concerned at least two weeks before the permit is granted, have notified the other Member States and the Commission what it is reached, and that permission will be granted.
Article 8
1. If money and assets frozen or not made available and this is done in good faith on the basis that such action is in accordance with this Regulation shall not incur any responsibility for the natural or legal person, unit or body that conducts the measure or their officers or employees, unless it can be proved that the money or the assets were frozen or withheld as a result of negligence.
2. The prohibition laid down in Article 2. 2 shall not involve any kind of responsibility for the natural or legal persons, entities or bodies who have put money or assets available, if they had no knowledge of or reasonable cause to believe that their action would contravene this prohibition.
Article 9
1. Subject to the applicable rules concerning reporting, confidentiality and confidentiality should be natural and legal persons, entities and bodies
A)
promptly provide information that may promote compliance with this Regulation, including information on accounts and amounts frozen in accordance with Article 2. 1, to the competent authority of the Member State where they are resident or located as indicated on the websites listed in Annex II, and giving information, directly or through member States, the Commission, and
B)
cooperate with the competent authority about any verification of this information.
2. Any information provided or received in accordance with this Article shall be used only for the purpose it is given or received for.
3. Paragraph. 2 shall not prevent Member States in sharing, in accordance with their national law, such information with the relevant authorities in Egypt and other Member States if it is necessary to ensure that assets are unlawfully taken, are reversed.
Article 10
Commission and Member States shall immediately inform each other about measures taken under this Regulation and shall provide each other with all other relevant and available information in connection with this Regulation, in particular problems with violations and enforcement of provisions and rulings of national courts.
Article 11
Commission is authorized to amend Annex II on the basis of information from Member States.
Article 12
1. When the Council decides that a natural or legal person, entity or body shall be covered by the measures referred to in Article 2. 1, Annex I amended accordingly.
2. The Council shall communicate the decision referred to in paragraph. 1, including the grounds for listing guide, to the competent natural or legal person, entity or body, either directly, if the address is known, or by publication of a notice, where the person, unit or agency is allowed to submit comments.
3. If the submitted notices or presents significant new evidence, the Council shall take the decision referred to in paragraph. 1 up to a retrial and inform the person, unit or agency thereof.
4. The list in Annex I shall be reviewed at regular intervals and at least every twelve months, calculated from 21 March 2011.
Article 13
1. Member States shall lay down rules on sanctions for breaches of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive.
2. Member States shall inform the Commission of these provisions immediately after this Regulation has entered into force, and of any subsequent amendments to the rules.
Article 14
Where this Regulation contains an obligation to notify, inform or otherwise communicate with the Commission, shall address and other contact information specified in Annex II used.
Article 15
This Regulation shall apply
A)
on EU territory
B)
aboard all aircraft and vessels of a Member State jurisdiction
C)
for all persons inside or outside EU territory who are nationals of a Member State,
D)
for all legal persons, entities and bodies established or incorporated under the laws of a Member State,
E)
for all legal persons, entities and bodies with regard to business carried on wholly or partly within the EU.
Article 16
This Regulation shall enter into force on the day of its publication in the Official Journal.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Annex I. List of natural and legal persons, entities and bodies Referred two in Article 2 (1)
EU consolidated list of individuals and entities subject to restrictive measures is available here. List sheet with country code ( "program") EGY is listed under this regulation.
Annex II
List of competent Authorities in the Member States Referred two in Articles 4 (1) and 5 (1), Article 7 and Article 9 (1) (a) and address for notifications to the Commission
A. Competent Authorities in each Member State:
BELGIUM
http://www.diplomatie.be/eusanctions
BULGARIA
http://www.mfa.bg/pages/view/5519
CZECH REPUBLIC
http://www.mfcr.cz/mezinarodnisankce
DENMARK
http://www.um.dk/da/menu/Udenrigspolitik/FredSikkerhedOgInternationalRetsorden/Sanktioner/
GERMANY
http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/Aussenwirtschaftsrecht/embargos.html
ESTONIA
http: //www.vm.ee/est/kat_622/
IRELAND
http://www.dfa.ie/home/index.aspx?id=28519
GREECE http://www.mfa.gr/www.mfa.gr/en-US/Policy/Multilateral+Diplomacy/Global+Issues/International+Sanctions/
SPAIN
http://www.maec.es/es/MenuPpal/Asuntos/Sanciones%20Internacionales/Paginas/Sanciones_%20Internacionales.aspx/
FRANCE
http: //www.diplomatie.gouv.fr/autorites-sanctions /
ITALY
http: //www.esteri.it/MAE/IT/Politica_Europea/Deroghe.htm
CYPRUS
http: //www.mfa.gov.cy/sanctions
LATVIA
http://www.mfa.gov.lv/en/security/4539
LITHUANIA
http: //www.urm.lt
LUXEMBOURG
http: //www.mae.lu/ Sanctions
HUNGARY
http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok
MALTA
http: //www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp
NETHERLANDS
http: //www.minbuza.nl/sancties
AUSTRIA
http: //www.bmeia.gv.at/view.php3? f_id = 12750 & LNG = en & version =
POLAND || | http: //www.msz.gov.pl
PORTUGAL
http: //www.min-nestrangeiros.pt
ROMANIA
http: //www.mae.ro/node/1548
SLOVENIA http://www.mzz.gov.si/si/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/
SLOVAKIA
http: //www.foreign.gov.sk
FINLAND
http: // makin .finland.fi / kvyhteistyo / pakotteet
SWEDEN
http: //www.ud.se/sanktioner
UNITED KINGDOM
http://www.fco.gov.uk/competentauthorities
B. Address for notifications to or other communication with the Commission:
European Commission
Foreign Policy Instruments Service CHAR 12/106
1049 Bruxelles / Brussel BELGIQUE
/
Belgium E-mail: relex-sanctions@ec.europa.eu
Tel. +32 22955585 Fax +32 22990873
