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The Regulation On Restrictive Measures Against The Republic Of Guinea

Original Language Title: Forskrift om restriktive tiltak mot Republikken Guinea

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The regulation on restrictive measures against the Republic of Guinea Date FOR-2014-05-09-626 Ministry Ministry of Foreign Affairs Published in 2014 booklet 6 entry into force 09.05.2014 last edited by-2015-12-21-1850 Change applies to Norway Pursuant LAW-2001-04-27-14-section 1 Announced at 13.05.2014. 3:30 short title regulations on restrictive measures against the Republic of Guinea Chapter overview: in (sections 1-6) II III Annex A annex I (repealed) Appendix II Appendix III the legal authority: Provided by URkgl.res. May 9, 2014 with the legal authority of the Act 27. April 2001 No. 14 of iverksetjing of international, non-military measures in the form of avbrot or delimitation of economic or anna intercourse with tredjestatar or motions that section 1. Promoted by the Ministry of Foreign Affairs.
Changes: modified by regulation 21 des 2015 Nr. 1850. In section 1. Scope this regulation with attachment apply: a) on the Norwegian territory, including Norwegian airspace b) on board all aircraft or vessel under Norwegian jurisdiction c) towards all Norwegian citizens no matter where they are located d) towards all legal persons, entities and bodies that are established or founded according to Norwegian legislation e) towards all legal persons, entities and bodies with regard to the business they do in whole or in part in Norway.

§ 2. Incorporation of Regulation (EU) No. 1284/2009 (1) the EU attached Regulation (EU) No. 1284/2009 about certain specific restrictive measures against certain persons and entities in view of the situation in the Republic of Guinea (as amended by Regulation (EC) No. 269/2011, Regulation (EC) no 1295/2011, Regulation (EC) Nr. 49/2013, Regulation (EC) No. 517/2013, Regulation (EC) No. 380/2014) applies to that regulation with the customizations that follow from this provision.

(2) the references to the Member States, the European Union and the European union to be understood as "Norway".

(3) the references to the competent authorities of the Member States, in some case with references to annex III, to be understood as "Ministry of Foreign Affairs".

(4) the references to the scope of article 18 to be understood as "forskriftens scope as laid down in section 1".

(5) it is prohibited to buy goods and technology listed in Annex i to the regulation on the export of defence materiel etc.

(6) none of the provisions of the regulation regarding the exchange of information between Member States and the Commission coming to the application. Neither provisions on that physical and legal persons, entities and bodies to provide information to the Commission. Furthermore, also the following articles EU internal and will not apply: 12, 13, 15-19. Similarly, the regulation applies to Appendix III.

§ 3. Penalty Violation of provisions given in this regulation is punishable according to the law 27. April 2001 No. 14 of iverksetjing of international, non-military measures in the form of avbrot or delimitation of economic or anna intercourse with tredjestatar or motions that § 3.

§ 4. Exemption the State Department can dispense from these regulations on the basis of the attached forordnings dispensasjons provisions. The State Department can also in special cases if the dispensers from the regulations get a clearly unintended effect, and assuming that it is not contrary to Norway's obligations under international law or the considerations behind the measures against the Republic of Guinea.

§ 5. The change of regulation the State Department be given the authority to modify, suspend or revoke the regulation.

section 6. Forskriftens entry into force II New Appendix A and in to the III to read as follows: Appendix A, annex 1, annex II, annex III.

III this regulation will take effect immediately.

Appendix A COUNCIL REGULATION (EU) No. 1284/2009 of 22. December 2009 on the introduction of certain specific restrictive measures against the Republic of Guinea article 1 of this regulation is meant by d) "money": financial assets and benefits of every kind, including, but not limited to) the amount of money in the cash, checks, claims, bills of Exchange, orders and other payment instruments, ii) outstanding at financial institutions or at other businesses, balances on accounts, tilgodehavender and claim proof, iii) listed and unlisted financial instruments and debt instruments , including shares and other holdings, investment certificates, bonds, promissory notes, the purchase or subscription rights, unsecured securities and derivative contracts, iv) interest, dividends and other income accrued or values or generated by assets, v) credits, offset dishes, warranties, guarantees or fulfillment other financial obligations, we) letters of credit, mortgage, konnossementer and letter vii) documents showing interests in money or formuesgoder, e) "freezing of funds": to prevent the removal, transfer, modification or use of the , access to, or handling of money in any way could lead to changes in volume, amount, location, ownership, possession, nature or purpose or other changes that could make it possible to use the money, including portfolio management, f) "formuesgoder": all types of fixed assets, tangible or intangible, real estate or personal property, which is not money, but which can be used to obtain money, goods or services , g) "freezing of the formuesgoder": to prevent formuesgoder in any way be used to raise money, goods or services, including, but not limited to sell, rent or mortgage them, h) "the European Union's territory": those of Member States ' territories in which the Treaty on the European Union's behavior come to the application, on the terms laid down in the Treaty.

Article 2 (repealed) article 3 (repealed) article 4 (repealed) article 5 (repealed) article 6 1.
All money and belonging to the formuesgoder, is owned, be possessed or controlled by the physical and legal persons, entities and bodies listed in the list in annex II, shall be frozen.

2. No money or formuesgoder have to be set at the disposal of, either directly or indirectly, or be made available for the benefit of the physical and legal persons, entities and bodies listed in the list in annex II.

3. Annex II contains a list of the people that the international inquiry has determined are responsible for the events of 28. September 2009 in the Republic of Guinea, as well as the physical or legal persons, entities or bodies associated with them, and that the Council has listed on the list in accordance with article 4 Nr. 1 in the Council decision 2010/638/CFSP of 25. October 2010 about restrictive measures directed against the Republic of Guinea. 1 4.
It is forbidden to participate in activities, intentionally whose purpose or result to circumvent the prohibitions mentioned in Nr. 1 and 2.

Article 7 the prohibitions in article 6 Nr. 2 shall not entail any form of responsibility for the physical and legal persons, entities or bodies that have set money or formuesgoder at their disposal, if they had no knowledge of or reasonable cause to assume that their action would be in violation of these prohibitions.

Article 8 1.
The competent authorities of the Member States, as specified on the Web pages listed in annex III, may make exceptions from article 6 and give permission, on the condition they find appropriate to that certain frozen money or formuesgoder be released or provided to you provided that the money or formuesgodene a) is required to cover the basic needs of the people listed on the list in annex II , as well as the family members they parent, including payment of food products, rent or mortgage, medicines and medical treatment, taxes, insurance premiums and municipal fees, b) solely to go to the payment of reasonable fees and reimbursement of expenses in connection with legal aid, c) solely to go to the payment of fees and administrative fees for routine storage or management of frozen money or formuesgoder, or d) is required to cover extraordinary expenses , provided that Member State at least two weeks before the permit is granted, has informed the other Member States and the Commission as to why it considers that a specific permission should be granted.

2. The Member State shall inform the other Member States and the Commission about all permissions that are granted according to the No. 1. Article 9 1.
The competent authorities of the Member States, as specified on the Web pages listed in annex III, may make exceptions from article 6 and give permission for certain frozen money or formuesgoder be released if the following conditions are met: a) the money or formuesgodene it comes, is the subject of a judicial, administrative or voldgiftsmessig tilbakeholdsrett set out before the date on which the person, entity or body referred to in article 6 was still for sale , or for a judicial decision by a court, administrative agency or arbitration courts before this date, b) the money or it comes to formuesgodene, to be used exclusively to satisfy claims secured by such a tilbakeholdsrett or recognised as valid in such a decision, within the limits set by applicable laws and regulations regarding such claims have res rights, c) tilbakeholdsretten or the decision is not for the benefit of a person , a device or a body listed in annex II, and d) the recognition of the tilbakeholdsretten or decision is not inconsistent with the basic law political principles in the affected Member State.

2. The Member State shall inform the other Member States and the Commission about all permissions that are granted according to the No. 1. Article 10 1.

The provisions of article 6 Nr. 2 shall not prevent financial or credit institutions in the EU in credit frozen accounts when they receive money transferred from third parties to an account belonging to listed natural or legal persons, entities or bodies, provided that they godskrevne the amounts also freezes. The financial or credit institution shall immediately notify the person concerned the competent authority of such transactions.

2. The provisions of article 6 Nr. 2 shall not apply to the amount applied frozen accounts in the form of a) interest or other forms of return on these accounts, or b) amount due to the payment according to the contracts, agreements or obligations that were concluded or arose prior to the date on which the physical or legal person, entity or body referred to in article 3 was listed in Appendix II , provided that the interest rates, other income, payments or financial instruments be frozen in accordance with article 6 Nr. 1. Article 11 if the money and formuesgoder be frozen or not provided to you and this is done in good faith on the grounds that such action is in accordance with this regulation, it should not result in any form of responsibility for the physical or legal person, entity or body which is carrying out the measure, or their managers or employees, unless it can be proved that the money or formuesgodene was frozen or withheld as a result of negligence.

Article 12 1.
With the proviso that the current rules on reporting, confidentiality and professional secrecy are observed, to physical and legal persons, entities or bodies a) promptly provide information that will promote compliance with this regulation, including information about the accounts and amounts frozen in accordance with article 6, to the competent authorities of the Member States, as specified on the Web pages listed in annex III, where they are resident or located , and provide information to the Commission, directly or through the competent authorities as specified on the Web pages listed in annex III, b) collaborate with this competent authority about the verification of the information.

2. any additional information that the Commission receives directly, to be set at the disposal of the affected Member State.

3. Any information provided or received in accordance with this article, shall only be used for the purpose for which it is given or received.

Article 13 the Commission and the Member States shall immediately inform each other about measures they hit according to this regulation, and shall provide each other all other relevant available information in connection with this regulation, in particular about the problems with violations of and enforcement of regulations as well as court decisions from national courts.

Article 14 Annex II contains information, to the extent such information is available, whether listed natural persons so that these can be identified on the satisfying show. This can include a) last name and first name, including any deck names and titles, b) date of birth and place of birth, c) citizenship, d) passport number and identity card number, e) tax number and social security number, f) gender, g) address or other information about the whereabouts, h) position or profession , in) list posting date.

Annex II may also include details for identification as set out in this number of the persons listed family members, provided that this information is necessary in a given case solely in order to verify the identity of this person listed.
Annex II should also specify the reasons for the entry on the list, eg. position.

Article 15 the Commission shall have the authority to change Annex III on the basis of information from the Member States.

Article 15a 1.
When the Council decides that a physical or legal person, an entity or a body to be covered by the measures referred to in article 6 Nr. 1 annex II shall change accordingly.

2. The Council shall announce its decision, including the rationale for the listing, to the physical or legal person, entity or body mentioned in Nr. 1 either directly, if the address is known, or by the publication of an announcement, where the physical or legal person, entity or body be given the opportunity to make comments.

3. When there are comments or new evidence presented significant, will the Council make the decision up to the renewed management and inform the physical or legal person, entity or body.

4. the list in annex II shall be reviewed regularly and at least every twelve months.

Article 16 1.
Member States shall fix the rules for sanctions for breach of this regulation and shall take all the necessary measures to ensure that they are implemented. These sanctions shall be effective, proportionate and preventive.

2. Member States shall notify the Commission of these rules immediately after this regulation is in force, and all subsequent changes.

Article 17 1.
Member States shall designate the competent authorities referred to in this regulation and identify them in, or by using the Web sites listed in annex III.

2. Member States shall notify the Commission of their competent authorities immediately after this regulation is in force, and all subsequent changes.

3. Where this regulation contains an order to notify, inform, or otherwise communicate with the Commission, to the address and other contact information specified in annex III.

Article 18 this Regulation applies a) on the EU's territory, including in the European Union's air space, b) on board all aircraft and vessels under a Member State's jurisdiction, c) for all persons within or outside the EU territory are citizens of a Member State, d) for all legal persons, entities and bodies established or founded according to one Member State legislation, e) for all legal persons , units or bodies with regard to business operations powered partially or completely in the EU.

Article 19 this Regulation comes into force the day the official publication in the European Union's official journal.
This regulation is binding in all parts and come directly to the application in all Member States.

Annex I annex II (repealed) Annex 2: List of natural and legal persons, entities or bodies referred to in Article 6 (3) Name (and possible aliases) Identifying information (date and place of birth (d.o.b. and p.o.b.), passport (passport.) /ID card number, etc.)

Reasons 1.
Captain Moussa Dadis CAMARA d.o. b: 01.01.64 or 29.12.68 Pass: R0001318 Person identified by the International Commission of Inquiry as responsible for the September 28, 2009 events in Guinea 2.
Commandant Moussa Tiégboro CAMARA d.o. b: 01.01.68 Pass: 7190 Person identified by the International Commission of Inquiry as responsible for the September 28, 2009 events in Guinea 3.
Colonel Dr. Abdoulaye Chérif DIABY d.o. b: 26.02.57 Pass: 13683-Person identified by the International Commission of Inquiry as responsible for the September 28, 2009 events in Guinea 4.
Lieutenant Aboubacar Chérif (alias Toumba) Person by the DIAKITÉ identified International Commission of Inquiry as responsible for the September 28, 2009 events in Guinea 5.
Lieutenant Jean-Claude PIVI (alias Coplan) d.o. b: 01.01.60 Person identified by the International Commission of Inquiry as responsible for the September 28, 2009 events in Guinea.

Appendix III [links are rendered as in the State Department's announcement in Norwegian Lovtidend, Lovdata's note] 
Websites for information on the competent authorities and address for notification to the European Commission BELGIUM http://www.diplomatie.be/eusanctions BULGARIA http://www.mfa.bg/en/pages/135/index.html CZECH REPUBLIC http://www.mfcr.cz/mezinarodnisankce DENMARK http://um.dk/da/politik-and-diplomacy/retsorden/sanktioner/GERMANY http://www.bmwi.de/DE/Themen/Aussenwirtschaft/aussenwirtschaftsrecht,did=404888.html ESTONIA IRELAND GREECE http://www.vm.ee/est/kat_622/http://www.dfa.ie/home/index.aspx?id=28519 http://www.mfa.gr/en/foreign-policy/global issues/URinternational-sanctions.html SPAIN http://alturl.com/mwddj FRANCE http://www.diplomatie.gouv.fr/autorites-sanctions/CROATIA http://www.mvep.hr/sankcije 
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/sanctions LUXEMBOURG http://www.mae.lu/sanctions HUNGARY http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/MALTA http://alturl.com/qsrxf NETHERLANDS www.rijksoverheid.nl/onderwerpen/internationale-wrath-a-veiligheid/sancties AUSTRIA http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version = POLAND http://www.msz.gov.pl PORTUGAL http://www.portugal.gov.pt/pt/ministerios/mne/quero-saber-corn/sobre-o-ministerio/medidas-restritivas/http://www.mae.ro/node/1548 http://www.mzz.gov.si/si/zunanja_politika_in_mednarodno URmedidas-restritivas.aspx ROMANIA SLOVENIA _ pravo/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/http://www.mzv.sk/sk/europske_zalezitosti/europske_politiky _ SLOVAKIA-eu http://formin.finland.fi/kvyhteistyo/pakotteet sankcie FINLAND SWEDEN UNITED KINGDOM http://www.ud.se/sanktioner https://www.gov.uk/sanctions-embargoes and restrictions Address for notifications to the European Commission: the European Commission Service for Foreign Policy Instruments (FPI) EEA 02/309 B-1049 Brussels E-mail: Belgiumm relex-sanctions@ec.europa.eu