Regulations on restrictive measures against the Republic of Zimbabwe
Date FOR-2003-08-15-1050
Ministry of Foreign Affairs
Published in 2003 Booklet 12
Commencement 08/15/2003
Edited
FOR 2016-04-26-453
Changes
For
Norway
Legal
LOV-2003-06-27-58-§1
Promulgated
15/08/2003
Short Title
Regulations on restrictive measures against the Republic of Zimbabwe
Chapter Overview:
Main part
Appendix I: Equipment that can be used for national oppression, ref. § 5 and § 6 first paragraph letter a no. 1
Annex II: List of natural and legal persons, entities and bodies referred to in § 7
Appendix III: List of individuals and entities and bodies referred to in § 7, paragraph
Adopted by Royal Decree. 15 August 2003 pursuant to the Act of 27 June 2003 no. 58 on special measures against the Republic of Zimbabwe § 1. Issued by Ministry of Foreign Affairs.
Changes: Amended by regulations 18 April 2006 No.. 427, April 17, 2008 No.. 370, July 25, 2008 No.. 832, 16 Dec 2008 no. 1410, February 4, 2009 No.. 118, March 5, 2010 No.. 356, June 1, 2010 no. 765, May 20, 2014 No.. 656, april 26, 2016 No.. 453.
§ 1. Scope These regulations shall apply:
A)
on Norwegian territory;
B)
onboard all aircraft and vessels under Norwegian jurisdiction;
C)
on Norwegian citizens wherever they are located;
D)
on all legal persons, groups or entities established or incorporated under Norwegian law;
E)
on all legal persons, groups or entities doing business in Norway.
§ 2. Definitions In these regulations:
A)
Technical assistance: all types of technical support related to repairs, development, manufacture, assembly, testing, maintenance, and other technical services, which may take the form of guidance, counseling, training, transfer of practical knowledge or skills or consulting services, etc. ., including verbal forms of assistance;
B)
Means: financial assets and benefits of every kind, including but not limited to
-
Cash, checks, monetary claims, bills of exchange, money orders and other payment instruments,
-
Deposits with financial institutions or other entities, receivables on accounts, debts and debt obligations,
-
Public and private traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, promissory notes, purchase options, debentures and derivatives contracts;
-
Interest, dividends or other income or assets incurred or generated by assets
-
Credits, netting agreements, guarantees, completion guarantees or other financial obligations,
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Letters of credit, konossementer, chattels mortgage deeds,
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Documentation of an interest in funds or financial resources,
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All other instruments of export financing;
C)
Freezing of funds: preventing any move, transfer, alteration, use of, access to, or dealing with funds in ways that would result in a change of assets' volume, amount, location, ownership, possession, character, destination or other changes that would enable the use of the funds, including portfolio management;
D)
Financial resources assets of every kind, tangible or intangible, movable or immovable, which are not funds but which may be used to obtain funds, goods or services;
E)
Freezing of economic resources: prevention of such resources in any way be used to obtain funds, goods or services, for example by selling, renting or mortgaging.
§ 3. Prohibition of sale etc.. of weapons and related materials are prohibited to sell, supply, transfer or export, directly or indirectly, arms and related materiel of all types, as well as spare parts for such equipment, to any natural or legal person, entity or body in, or use in, the Republic of Zimbabwe. This prohibition applies regardless of whether the goods have Norwegian origin or not.
§ 4. Prohibition of assistance relating to military activities and materials are prohibited:
A)
give, sell, supply or transfer technical assistance relating to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, and to spare parts for such materiel, directly or indirectly to any person, entity or body in, or for use in, the Republic of Zimbabwe;
B)
To provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, in connection with the sale, supply, transfer or export of arms and related materiel, directly or indirectly to any person, entity or body in or for use in, the Republic of Zimbabwe;
C)
willfully engaging in activities whose purpose or effect is, directly or indirectly to promote the transactions referred to in points a and b.
§ 5. Prohibition of sale etc.. of equipment that can be used for national oppression prohibitions in § 3 and § 4 apply correspondingly with regard to equipment that could be used for national oppression and listed in Annex I to this regulation.
§ 6. Exceptions to § 3 to § 5 for equipment intended for humanitarian use, etc. Notwithstanding § 3 to § 5 Ministry of Foreign Affairs to allow:
A)
sale, supply, transfer or export of
1.
Non-lethal military equipment, or equipment that could be used for national oppression and listed in Annex I, which is solely intended for humanitarian use or protection or for international programs for institution building,
2.
Material intended for international crisis management operations;
B)
financing and financial assistance and technical assistance related to equipment referred to in subparagraph a, provided that the same conditions are met.
Permits mentioned in the first paragraph, must be obtained prior to the implementation of the activity as it sought permission for.
§ 3 to § 5 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported Republic of Zimbabwe by UN personnel, personnel of the European Union, its Member States or the Norwegian government, or by media representatives, humanitarian aid workers, development workers and associated personnel, solely for their personal use.
§ 7. Statutory freezing and prohibition against making available funds, etc.. Funds and economic resources of individual members of the Republic of Zimbabwe Government or natural and legal persons, entities and bodies that are associated with them, as listed in Annex II to this regulation shall be frozen.
The freezing funds or economic resources in accordance with the provisions of paragraph one shall forthwith inform the Foreign Ministry about this.
It is prohibited for any person to make funds or economic resources directly or indirectly available to or make available to natural or legal persons, entities or bodies listed in Annex II to this regulation.
Prohibitions in the first and third paragraphs do not apply to individuals and entities listed in Annex III.
Intentional participation in activities whose object or effect to circumvent the measures referred to in the first and third paragraphs, are prohibited.
Natural or legal persons or entities or their superiors or employees who in good faith and on the basis that it is in compliance with this regulation, freezing assets or economic resources or refuses to make funds or economic resources available shall not in any way be held liable, unless it can be proved that the funds and economic resources were frozen as result of negligence.
§ 8 Exceptions to § 7 Notwithstanding § 7 Ministry of Foreign Affairs to allow certain frozen funds or economic resources are released or made available on such terms as may be appropriate, after having determined that the relevant funds or economic resources || |
A)
necessary to cover basic expenses, including payment of foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums and fees for public services,
B)
exclusively meant for the payment of reasonable fees and reimbursement of expenses in connection with legal assistance,
C)
solely intended for payment of fees or service fees for routine storage or management of frozen funds or economic resources,
D)
necessary to cover extraordinary expense.
§ 7 subsection shall not apply to grants to frozen accounts in the form of
A)
interest or other income on those accounts, or
B)
payments under contracts, agreements or obligations assumed or occurred prior to the date on which those accounts became subject to injunction freezing under § 7 subsection
Provided that such interest, other income and payments continue to be covered by § 7 first paragraph.
§ 9. Authorisation to amend, suspend or revoke the regulation of Foreign Affairs is authorized to modify, suspend or revoke a regulation Annex.
§ 10. Entry into force These regulations enter into force immediately.
Appendix I: Equipment that can be used for national oppression, ref. § 5 and § 6 first paragraph letter a no. 1
(The following list does not include items that are specifically designed or modified for military use.)
Helmets providing protection against bullets, helmets for use during rioting, shield for use during riots and shields that provide protection against bullets and specially designed components for such equipment
specifically designed fingerprint equipment
Mechanical driven projectors
Construction equipment providing protection against bullets
hunting Knives
specifically engineered equipment for the production of hunting rifles
equipment for hand loading of ammunition | || Communication Monitoring Equipment
Optical semiconductor detectors
intensifiers
Telescope Weapon Aiming
weapon with smooth barrel and ammunition other than those specifically designed for military use, and specially designed components such except:
1)
signal pistols
2)
air guns or guns designed as industrial tools or humane anesthesia of animals
Simulators for teaching in the use of firearms and specially designed or modified components and accessories such
Bombs and grenades beyond those specifically designed for military use, and specially designed components such
armored protection suits and specially developed parts thereof, other than those manufactured to military standards or specifications
terrain use vehicles with features on all wheels which are produced or provided with protection against bullets, and profile armor for such vehicles
Water Cannons and specially designed or modified parts such
vehicles equipped with water cannon
vehicles specially designed or modified to be elektrisifisert to reject the attackers, and parts thereof that are specifically designed or modified for this purpose
Acoustical devices manufacturer or vendor presents as suited to combating riots, and specially designed components such
Anklets, necklaces, ankle iron and belts to electric shocks, specifically designed for detention of people, except:
-
Handcuffs whose maximum dimension including chain does not exceed 240 mm in locked state.
Portable devices that are designed or modified for combating riots or self-protection when sending a paralyzing drug (eg. Tear gas or pepper sprays), and specially designed components such
portable devices that are designed or modified for the purpose of combating riots or self-protection by electric shock (including electric logs, switchgears, anesthetic guns and electric dart guns (taserutstyr)) and parts for such equipment specifically designed or modified for this purpose
Electronic equipment that can track hidden explosives, and specially designed components for such equipment except:
-
TV or X-ray equipment.
Electronic jamming equipment specially designed to prevent the detonation by radio remote control of improvised explosive devices, and specially designed components for such equipment
Equipment and devices specially designed to trigger explosions by electrical or non-electrical means, including ignition devices, detonators, detonators, boosters and detonasjonslunter and specifically designed components for such equipment and devices except:
-
Those which are specifically designed for particular commercial use consisting in management or operations using explosives of other equipment or devices whose function is not to cause explosions, for instance. airbag pumps in automobiles, electrical surge fuses sprinklerutløsere.
Equipment and devices specially designed for ammunition clearing except:
1)
bomb blankets
2)
containers designed to accommodate objects which they know or suspect are improvised explosive devices.
Nattsikts- and thermal imaging equipment and image intensifier tube and semiconductor sensors for such equipment
Specifically designed software and technology required for all the equipment listed
rectilinear interception of explosive
following explosives and related substances:
-
Amatol
-
Nitrocellulose (with a nitrogen content of over 12.5%)
-
Nitroglycol
-
Pentaerythritoltetranitrat (PETN)
-
Picrylklorid
-
Trinitrofenylmetylnitramin (Tetryl)
-
2,4,6-trinitrotoluene (TNT).
Specifically designed software and technology required for all the equipment on the list.
Annex II: List of natural and legal persons, entities and bodies referred to in § 7
List of natural and legal persons, entities and bodies referred to in § 7 found here (EU consolidated list).
Appendix III: List of individuals and entities and bodies referred to in § 7, paragraph
List of individuals and entities and bodies referred to in § 7, fourth paragraph, ie the scheduled temporarily suspended and thus exempt restrictive measures included here (EU consolidated list).
