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RS 946.231.12 Order of 22 June 2005 instituting measures against the Democratic Republic of the Congo

Original Language Title: RS 946.231.12 Ordonnance du 22 juin 2005 instituant des mesures à l’encontre de la République démocratique du Congo

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946.231.12

Order instituting measures against the Democratic Republic of the Congo

On 22 June 2005 (Status on 4 March 2016)

The Swiss Federal Council,

See art. 2 of the Law of 22 March 2002 on embargoes (LEmb) 1 , in implementation of resolutions 1493 (2003), 1596 (2005) and 1807 (2008) 2 The United Nations Security Council, 3

Stops:

Section 1 Enforcement measures

Art. 1 Prohibition on the provision of military equipment and related equipment

1 The supply, sale, transit and brokering for the Democratic Republic of the Congo of goods of military equipment of all kinds, including arms and ammunition, military vehicles and equipment, equipment Paramilitaries, as well as their accessories and spare parts, are prohibited.

2 The supply, sale and brokering of advice and means of training or assistance, including financing and financial assistance, relating to the supply, production, maintenance and use of the goods referred to in para. 1 or relating to military activities in the Democratic Republic of the Congo are prohibited.

3 The prohibitions set out in paras. 1 and 2 do not apply:

A.
The provision of goods and services to the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC);
B.
The supply of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training;
C.
The provision of goods and services for the State organs of the Democratic Republic of the Congo;
D.
Temporary export of protective clothing, including flak jackets and helmets, by United Nations and Swiss personnel, media representatives and humanitarian workers, for their personal use. 1

3bis The supply of goods and services provided for in para. 3, let. B and c must be notified to the State Secretariat for Economic Affairs (SECO) at least 30 days in advance. 2

4 The provisions of the Act of 13 December 1996 on the control of property 3 And the Federal Act of 13 December 1996 on war material 4 Are reserved.


1 New content according to the c. I of the O of 25 June 2008, in force since 15 July. 2008 ( RO 2008 3185 ).
2 Introduced by ch. I of the O of 25 June 2008, in force since 15 July. 2008 ( RO 2008 3185 ).
3 RS 946.202
4 RS 514.51

Art. 2 Freeon of assets and economic resources

1 The assets and economic resources owned or controlled by the natural persons, undertakings and entities referred to in the Annex shall be frozen.

2 It is prohibited to provide assets to natural persons, undertakings and entities subject to the freezing of assets or to make available, directly or indirectly, assets or economic resources.

3 The SECO may, in exceptional cases, after consultation with the relevant offices of the Federal Department of Foreign Affairs and the Federal Department of Finance, authorize payments from blocked accounts, transfers of property in Frozen capital and the release of frozen economic resources in order to protect Swiss interests or to prevent cases of rigor.

Art. 3 Definitions

For the purposes of this order:

A.
Assets: All financial assets, including cash, cheques, monetary claims, bills of exchange, money orders or other means of payment, deposits, debt obligations and acknowledgements, debt securities and debt instruments, Certificates of securities, bonds, debt instruments, options, letters of pledge, derivatives; interest income, dividends or other income or capital gains arising from capital assets; credits, rights to Compensation, guarantees, guarantees for the performance of contracts or other financial commitments; Flow-through, bills of lading, insurance contracts, asset securitization documents, or other financial resources and other export financing instruments;
B.
Assets freeze: Preventing any action allowing the management or use of assets, with the exception of normal administrative actions carried out by financial institutions;
C.
Economic resources: Values of any kind, whether tangible or intangible, movable or immovable, in particular immovable property and luxury goods, with the exception of assets within the meaning of the let. A;
D.
Freezing of economic resources: Any action to prevent their use in order to obtain assets, goods or services in any way, including through sale, lease or mortgage.
Art. 4 Prohibition of entry into Switzerland and transit through Switzerland

1 The entry into Switzerland and the transit through Switzerland are prohibited to the natural persons listed in the Annex.

2 The State Secretariat for Migration 1 May grant derogations in accordance with the decisions of the relevant committee of the United Nations Security Council or if the protection of Swiss interests so requires.


1 The designation of the administrative unit has been adapted to 1 Er Jan. 2015 pursuant to Art. 16 al. 3 of the O of 17 Nov 2004 on official publications ( RO 2004 4937 ). This mod has been taken into account. Throughout the text.

Section 2 Enforcement and criminal provisions

Art. 5 Monitoring and running

1 SECO monitors the enforcement of coercive measures under s. In accordance with resolution 1807 (2008), it shall notify the relevant Committee of the United Nations Security Council in advance of the supply of goods and services provided for in art 1, para. 3, let. B and c. 1

2 The State Secretariat for Migration shall monitor the implementation of the prohibition on entry and transit provided for in Art. 4.

3 Border control is the responsibility of the Federal Customs Administration.

4 Upon instructions from the SECO, the competent authorities shall take the necessary measures for the freezing of economic resources, for example the mention of a blocking of the land register or the seizure or sealing of luxury goods.


1 New content according to the c. I of the O of 25 June 2008, in force since 15 July. 2008 ( RO 2008 3185 ).

Art. 6 Mandatory declaration

1 Persons or institutions who hold or manage assets or who are aware of economic resources that must be admitted to be frozen under s. 2, para. 1, must report it without delay to the SECO.

2 The declaration must include the name of the beneficiary, the object and value of the assets and the economic resources frozen.

Art. 7 Criminal Provisions

1 Anyone who violates the provisions of s. 1, 2 or 4 shall be punished in accordance with s. LEmb.

2 Anyone who violates the provisions of s. 6 is punished in accordance with art. 10 LEmb.

3 SECO prosecus and judges offences within the meaning of s. 9 and 10 LEmb; may order seizures or forfeitures.

Section 3 Automatic listing and entry into force 4

Art. 7 A 1 Automatic recovery of lists of natural persons, undertakings and entities subject to sanctions

The lists relating to natural persons, undertakings and entities that the United Nations Security Council or its competent committee have established or updated (annex) are automatically included. The entries in the Annex are not published in the Official Manual of Federal Law (RO) or in the Systematic Collection of Federal Law (RS).


1 Introduced by ch. I 6 of the O of 19 Dec. 2012 amending the publication of the annexes to O relating to embargoes ( RO 2013 255 ). New content according to the c. I 4 of the O of 4 March 2016 on the automatic resumption of the United Nations Security Council sanctions lists, in force since 4 March 2016 (RO 2016 671).

Art. 8 Entry into force 1

This Order comes into force on June 23, 2005.


1 Introduced by ch. I 6 of the O of 19 Dec. 2012 amending the publication of the annexes to the O relating to embargoes, in force since 1 Er Feb 2013 ( RO 2013 255 ).

Annex 1

(art. 2, para. 1, 4, para. 1, and 7 A )

Natural persons subject to financial sanctions and the prohibition of entry and transit, and companies and entities subject to financial sanctions

Note

1. This annex corresponds to the lists of natural persons, undertakings and entities designated by the United Nations Security Council or its competent committee 2 .

2. As a general rule, the lists are entered by the SECO in the SESAM database (SECO Sanctions Management) on the working day following their submission by the United Nations 3 .


1 New content according to the c. I 4 of the O of 4 March 2016 on the automatic resumption of the United Nations Security Council sanctions lists, in force since 4 March 2016 ( RO 2016 671 ).
2 The list can be accessed at the following address: www.un.org/fr/sc > Subsidiary bodies > Sanctions > Sanctions Committee for the Democratic Republic of the Congo > Materials relating to the list of sanctions.
3 The SESAM database is freely accessible via the Internet: www.seco.admin.ch > Themes > External Economic Policy > Sanctions/Embargos. A printed version of the list can be ordered from the SECO, Sanctions Sector, Holzikofenweg 36, 3003 Berne.


Status on March 4, 2016