Rs 946.203 Order Of 2 October 2000 Instituting Measures Against Individuals And Entities Linked To Osama Bin Laden, The 'al-Qaeda' Group Or The Taliban

Original Language Title: RS 946.203 Ordonnance du 2 octobre 2000 instituant des mesures à l’encontre de personnes et entités liées à Oussama ben Laden, au groupe «Al-Qaïda» ou aux Taliban

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946.203 order instituting measures against individuals and entities linked to Osama bin Laden, to the 'Al-Qaeda' group or the Taliban of 2 October 2000 (State March 4, 2016) the Swiss federal Council, see art. 2 of the Federal law of March 22, 2002 on the application of international sanctions (law on embargoes), stop: art. 1Interdiction to provide military equipment and similar goods delivery, the sale and brokerage of weapons of any kind, including weapons and ammunition, vehicles and military equipment, paramilitary equipment as well as their accessories and spare parts to physical and legal persons, groups or entities listed in annex 2 are prohibited.

The supply, sale and brokerage of technical advice and means of assistance or training related to military activities to physical and legal persons, groups or entities listed in annex 2 are prohibited.
The al. 1 and 3 apply insofar as the law of 13 December 1996 on the control of goods, the Federal law of 13 December 1996 on the hardware of war as well as their application orders are not applicable.

New content according to section I of the Apr 11 O. 2001, in force since Apr. 12. 2001 (RO 2001 1353).
New content according to chapter I of the O on May 1, 2002, in force since May 2, 2002 (RO 2002 1646).
Repealed by no I of O on May 1, 2002, with effect from May 2, 2002 (RO 2002 1646).
New content according to chapter I of the O on May 1, 2002, in force since May 2, 2002 (RO 2002 1646).
RS 946.202 RS 514.51 art. 1 introduced by section I of O Apr 11. 2001 (RO 2001 1353). Repealed by no I of O on May 1, 2002, with effect from May 2, 2002 (RO 2002 1646).

Art. 2 repealed by section I of O on May 1, 2002, with effect from May 2, 2002 (RO 2002 1646).

Art. 2A and 2B introduced by section I of O Apr 11. 2001 (RO 2001 1353). Repealed by section I of O on May 1, 2002, with effect from May 2, 2002 (RO 2002 1646).

Art. 3Gel of assets and economic resources assets and economic resources belonging to natural and legal persons, groups or entities listed in Schedule 2 or controlled by them are frozen.
It is forbidden to provide funds for physical and legal persons, groups or entities cited in annex 2 or put at their disposal, directly or indirectly, funds or economic resources.
The State Secretariat for Economic (Affairs SECO) may exempt payments related to projects in favour of democracy or humanitarian activities of the prohibitions prescribed in the al. 1 and 2.
SECO may, after consultation with the relevant offices of the federal Department of Foreign Affairs and the federal Department of finance, authorize payments from frozen accounts and transfers of frozen capital assets release economic resources frozen to protect Swiss interests or to prevent the case of hardship.

New content according to chapter I of the O on May 18, 2004, in force since May 20, 2004 (RO 2004 2579).

Art. 4 notifiable anyone who holds or manages assets need to admit that they are covered by the freezing of the assets defined in art. 3, al. 1, has to report without delay to the SECO.
Individuals or institutions who have knowledge of economic resources which we must admit that they are covered by the freezing of economic resources defined in art. 3, al. 1, must declare them without delay to the SECO.
The declaration must contain the name of the beneficiary, the subject and the value of assets and economic resources frozen.

New content according to chapter I of the O on May 18, 2004, in force since May 20, 2004 (RO 2004 2579).
Introduced by chapter I of the O on May 18, 2004, in force since May 20, 2004 (RO 2004 2579).

Art. 4aentree in Switzerland and transit entry into Switzerland and transit by the Switzerland are prohibited to individuals cited in annex 2.
The Secretariat of State for migration may, in accordance with the decisions of the Security Council of the United Nations or for the protection of Swiss interests, grant derogations.

Introduced by the I of O ch. 11 Apr. 2001, in force since Apr. 12. 2001 (RO 2001 1353).
New content according to chapter I of the O on May 1, 2002, in force since May 2, 2002 (RO 2002 1646).
The name of the administrative unit has been adapted to 1 Jan. 2015 in application of art. 16 al. 3 o from 17 nov. 2004 (RO 2004 4937) official publications.

Art. 4bMise implementation of the freezing of economic resources on the instruction of SECO, the competent authorities take the necessary measures for the freezing of economic resources, e.g. the mention of a block of the land register or seizure or sealing of luxury goods.

Introduced by chapter I of the O on May 18, 2004, in force since May 20, 2004 (RO 2004 2579).

Art. 5 definitions for the purposes of this order, means: a. Taliban: 'Taliban', 'Reportedly' or 'movement Islamic Taliban,"including corporations, enterprises, institutions and corporations who are their property or they control; (b) assets: all financial assets, including cash, cheques, monetary claims, bills of Exchange, warrants or other means of payment , deposits, debts and IOUs, titles and titles of debt, certificates of securities, bonds, options, mortgage bonds, derivatives, debt securities; revenue from interest, dividends or other income or capital gains generated by the capital assets; credits, rights to compensation, sureties, guarantees of performance of contracts or other financial commitments; letters of credit, bills of lading, insurance contracts, documents of securitization of shares to funds or other financial resources and any other instrument of export-financing; c. assets freeze: preventing any action allowing the management or use of assets, with the exception of normal administrative actions carried out by financial institutions; d. economic resources: the values of any kind whatsoever tangible or intangible assets, securities or property, in particular buildings and luxury goods, with the exception of the assets within the meaning of the let. b; e. freezing of economic resources: any action aimed at preventing their use to obtain funds, goods or services in any way whatsoever, including by their sales, their rent or their mortgage.

New content according to section I of the O from 30 nov. 2001, in force since Dec. 1. 2001 (RO 2002 155).
Introduced by chapter I of the O on May 18, 2004, in force since May 20, 2004 (RO 2004 2579).
Introduced by chapter I of the O on May 18, 2004, in force since May 20, 2004 (RO 2004 2579).

Art. 5acontroles the SECO is the controls.
The border control is the responsibility of the Federal Customs Administration.

Introduced by section I of O from 30 oct. 2002, in force since Jan. 1. 2003 (RO 2002 3955).

Art. Criminal 6Dispositions anyone who has violated the provisions of the art. 1, 3, and 4A will be punished in accordance with art. 9 of the law on embargoes.
Anyone who has violated the provisions of art. 4 will be punished in accordance with art. 10 of the law on embargoes.
SECO is responsible for the prosecution and judgment of the offences within the meaning of the art. 9 and 10 of the law on embargoes; It may order seizures or the confiscations.
The art. 11 and 14, al. 2, of the law on embargoes are reserved.

New content according to section I of the O from 30 oct. 2002, in force since Jan. 1. 2003 (RO 2002 3955).

Art. 7Reprise automatic lists of natural or legal persons, groups and entities targeted by sanctions lists relating to physical or legal persons, groups and entities that the Security Council of the United Nations or its competent Committee established or updated (annex 2) are repeated automatically. The entries in annex 2 are published or the official of federal law (RO) collection, or the systematic collection of federal law (RS).

New content according to no I 1 of the O from 4 March 2016 on the fallback of the lists of the United Nations Security Council sanctions in effect since March 4, 2016 (RO 2016 671).

Art. 8 to 10 repealed by section I of O from 30 oct. 2002, with effect from Jan 1. 2003 (RO 2002 3955).

Art. 11entree into force this order comes into force on October 3, 2000.

New content according to section I of the O from 30 oct. 2002, in force since Jan. 1. 2003 (RO 2002 3955).

Schedule 1 repealed by section III al. 1 o on May 1, 2002, with effect from May 2, 2002 (RO 2002 1646).

March 4, 2016 annex 2 State (art. 1, para. 1 and 3, 3, para. 1 and 2, 4A, para. 1 and 7) physical persons by financial sanctions, by the entry and transit ban and the prohibition on the provision of military equipment, and corporations, groups and entities targeted by financial sanctions and the prohibition on the provision of military equipment note 1. This annex corresponds to the lists of natural or legal persons, groups and entities designated by the United Nations Security Council or its competent Committee.
2. as a general rule, lists are entered by SECO (SECO Sanctions Management) SESAM database the day following their communication by the United Nations.


New content according to no I 1 of the O from 4 March 2016 on the fallback of the lists of the United Nations Security Council sanctions in effect since March 4, 2016 (RO 2016 671).
The list can be found in Internet, at the following address: www.un.org/fr/sc > subsidiary > Sanctions > sanctions Committee regarding ISIS (ISIS) and Al-Qaida > materials relating to the list of sanctions; www.UN.org/fr/SC > subsidiary > Sanctions > 1988 sanctions Committee > the list of sanctions-related materials.
The SESAM database is freely accessible on the Internet: www.seco.admin.ch > Themes > foreign trade > Sanctions/embargoes. A printed version of the list can be ordered from SECO, sector Sanctions, Holzikofenweg 36, 3003 Bern.

State March 4, 2016 Schedule 3 introduced by section II al. 2 Apr 11 o. 2001 (RO 2001 1353). Repealed by section III al. 1 o on May 1, 2002, with effect from May 2, 2002 (RO 2002 1646).

State March 4, 2016

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