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RS 946.231.169.9 Order of 12 August 2015 instituting measures against the Republic of South Sudan

Original Language Title: RS 946.231.169.9 Ordonnance du 12 août 2015 instituant des mesures à l’encontre de la République du Soudan du Sud

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946.231.169.9

Order instituting measures against the Republic of South Sudan

On 12 August 2015 (State on 4 March 2016)

The Swiss Federal Council,

See art. 2 of the Law of 22 March 2002 on embargoes (LEmb) 1 ,

Stops:

Section 1 Enforcement measures

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

1 The sale, supply, export and transit of military equipment of all kinds, including arms and ammunition, military vehicles and equipment, paramilitary equipment, as well as accessories and parts thereof To the Republic of South Sudan or for use in the Republic of South Sudan is prohibited.

2 The direct or indirect supply of services of all kinds, including financial services, brokerage services and technical training, as well as the direct or indirect allocation of financial means relating to the sale, the supply, the The exportation, transit, manufacture or use of the goods cited in para. 1 or in connection with military activities in the Republic of South Sudan are prohibited.

3 The prohibitions set out in paras. 1 and 2 do not apply to the temporary export of protective clothing, including bullet-proof vests and helmets, by United Nations, European Union (EU), Intergovernmental Authority on Development (IGAD) personnel And the Confederation, as well as representatives of the media and humanitarian workers, for their personal use.

4 The State Secretariat for the Economy (SECO) may, after consulting the relevant departments of the Federal Department of Foreign Affairs (DFAE), authorise exceptions to the prohibitions laid down in paras. 1 and 2 for:

A.
Sale, supply, export and transit:
1.
Non-lethal military equipment intended exclusively for humanitarian, protection or programmes of the United Nations, the EU, the African Union (AU), the IGAD or the Confederation for the establishment of institutions,
2.
Non-lethal military equipment intended exclusively to support the security sector reform process in the Republic of South Sudan,
3.
Equipment for crisis management operations of the United Nations, the EU, the AU or the Confederation,
4.
De-mining equipment for use in demining operations;
5.
Non-combat vehicles equipped with anti-ballistic materials, for the sole purpose of protection in the Republic of South Sudan, United Nations, EU, AU, IGAD or confederation personnel;
B.
The provision of technical assistance, brokerage services, other services, or financial means in relation to the military equipment referred to in the let. A, c. 1, or the equipment referred to in the whistle. A, c. 3;
C.
The provision of technical assistance or financial means in relation to the military equipment referred to in the let. A, c. 2.

5 The provisions of the Act of 13 December 1996 on the control of property 1 And the Federal Act of 13 December 1996 on war material 2 Are reserved.


Art. 2 Freeon of assets and economic resources

1 The assets and economic resources belonging to or under direct or indirect control shall be frozen:

A.
Natural persons, undertakings and entities referred to in the Annex;
B.
Natural persons, undertakings and entities acting on behalf of or in accordance with the instructions of the natural persons, undertakings and entities referred to in the Act; a;
C.
Undertakings and entities belonging to natural persons, undertakings and entities referred to in the letter. A or b or under their control.

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, exceptionally, authorise payments from frozen accounts, transfers of frozen capital assets and the release of frozen economic resources, in order to:

A.
To prevent thoroughness;
B.
Honouring existing contracts;
C.
To honour claims in application of an existing judicial, administrative or arbitral measure or decision;
D.
Safeguard the interests of Switzerland.

4 The SECO issues authorizations within the meaning of para. 3, after consulting the relevant departments of the FDFA and the Federal Department of Finance, and, where appropriate, after notification to the relevant committee of the United Nations Security Council and in accordance with the decisions of that Committee.

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 and debt recognition, debt securities and debt, certificates Securities, obligations, debt obligations, options, letters of pledge, derivatives; interest income, dividends or other income or capital gains arising from capital assets; credits, rights to compensation, Bonds, guarantees of 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 the use of such assets in order to obtain assets, property or services, 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 mentioned in the Annex.

2 The State Secretariat for Migration (SEM) may grant derogations:

A.
Whether the entry or transit is necessary for the purposes of judicial proceedings;
B.
In accordance with s. 11 of resolution 2206 (2015) 1 And decisions of the relevant United Nations Security Council Committee.

1 The texts of the resolutions of the United Nations Security Council are available online at: www.un.org/fr > Rule of law > Peace and security > Security Council > Documents > Resolutions.

Section 2 Enforcement and criminal provisions

Art. 5 Monitoring and running

1 SECO monitors the enforcement of coercive measures under s. 1 and 2.

2 The SEM 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 On the instruction of 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.

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 subject to the freezing of assets under s. 2, para. 1, must report them immediately to the SECO.

2 The declaration must state 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 2

Art. 8 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 New content according to the c. I 15 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. Entry into force

This order shall enter into force on 12 August 2015 at 6 p.m.

Annex 1

(art. 2, para. 1, let. A, 4, para. 1, and 8)

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 15 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 South Sudan > Materials on 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