Afghanistan - Decision 2011/486/CFSP

Council Decision 2011/486/CFSP of 1 August 2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan

Article 1

1.   Restrictive measures as provided for in Article 2, Articles 3(1) and 4(1) and (2) shall be imposed with respect to individuals and entities designated prior to 17 June 2011 as the Taliban, and other individuals, groups, undertakings and entities associated with them, as specified in section A (‘Individuals associated with the Taliban’) and section B (‘entities and other groups and undertaking associated with the Taliban’) of the Consolidated List of the Committee established pursuant to UNSCR 1267 (1999) and UNSCR 1333 (2000) as of 17 June 2011, as well as other individuals, groups, undertakings and entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan as designated by the Sanctions Committee.

2.   The relevant individuals, groups, undertakings and entities are listed in the Annex.

Article 2

With respect to the individuals, groups, undertakings and entities referred to in Article 1, Member States shall take the necessary measures to prevent the direct and indirect supply, sale or transfer to them, from the territories of Member States or by nationals of Member States, or using flag vessels or aircraft of Member States, of arms and related materiel of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical advice, assistance or training related to military activities.

Article 3

1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of individuals referred to in Article 1.

2.   Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.

3.   Paragraph 1 shall not apply where the entry or transit is necessary for the fulfilment of a judicial process or the Sanctions Committee determines on a case-by-case basis only that entry or transit is justified, including where this directly relates to supporting efforts by the Government of Afghanistan to promote reconciliation.

4.   In cases where, pursuant to paragraph 3, a Member State authorises the entry into, or transit through, its territory of individuals designated by the Sanctions Committee, the authorisation shall be limited to the purpose for which it is given and to the individuals concerned therewith.

Article 4

1.   All funds and other financial assets or economic resources of individuals, groups, undertakings and entities referred to in Article 1, including funds derived from property owned or controlled directly or indirectly, by them or by persons acting on their behalf or at their direction, shall be frozen.

2.   No funds, financial assets or economic resources shall be made available, directly or indirectly, to or for the benefit of individuals, groups, undertakings and entities referred to in paragraph 1.

3.   Member States may allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds and other financial assets or economic resources which are:

(a) necessary for basic expenses, including payments for foodstuffs, rent or mortgages, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

(b) intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;

(c) intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds, other financial resources or economic resources;

(d) necessary for extraordinary expenses, after notification by the Member State concerned to, and approval by, the Sanctions Committee;

4.   The exemptions referred to in points (a), (b) and (c) of paragraph 3 may be made after notification to the Sanctions Committee by the Member State concerned of its intention to authorise, where appropriate, access to such funds, assets or resources, and in the absence of a negative decision by the Sanctions Committee within three working days of such notification.

5.   Paragraph 2 shall not apply to the addition to frozen accounts of:

(a) interest or other earnings on those accounts; or

(b) payments due under contracts, agreements or obligations that arose prior to the date on which those accounts became subject to restrictive measures,

provided that any such interest, other earnings and payments remain subject to paragraph 1.

6.   Paragraphs 1 and 2 shall not apply to the processing and payment of funds, other financial assets or economic resources, and the provision of goods and services necessary to ensure the timely delivery of humanitarian assistance and other activities that support basic human needs in Afghanistan or to support such activities.

Article 5

The Council shall establish the list contained in the Annex and amend it in accordance with determinations made by either the Security Council or the Sanctions Committee.

Article 6

1.   Where the Security Council or the Sanctions Committee lists an individual, group, undertaking or entity, the Council shall include such individual, group, undertaking or entity in the Annex. The Council shall communicate its decision, including the grounds for listing, to the individual, group, undertaking or entity concerned, either directly, if the address is known, or through the publication of a notice, providing such individual, group, undertaking or entity an opportunity to present observations.

2.   Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the individual, group, undertaking or entity accordingly.

Article 7

1.   The Annex shall include the grounds for listing of listed individuals, groups, undertakings or entities as provided by the Security Council or the Sanctions Committee.

2.   The Annex shall also include, where available, information provided by the Security Council or by the Sanctions Committee necessary to identify the individuals, groups, undertakings or entities concerned. With regard to individuals, such information may include names including aliases, date and place of birth, nationality, passport and identity card numbers, gender, address, if known and function or profession. With regard to groups, undertakings or entities such information may include names, place and date of registration, registration number and place of business. The Annex shall also include the date of designation by the Security Council or by the Sanctions Committee.

Article 8

This Decision shall be reviewed, amended or repealed, as appropriate, in accordance with relevant decisions of the Security Council.

Article 9

This Decision shall enter into force on the day of its adoption.

Annex

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Initial version

Council Decision 2011/486/CFSP of 1 August 2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan

Official Journal of the European Union L 199 of 2 August 2011 ,p. 57

Amended by

Council Implementing Decision 2011/639/CFSP of 29 September 2011 implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan	Official Journal of the European Union L 257 of 1 October 2011 ,p. 24
Council Implementing Decision 2011/698/CFSP of 20 October 2011 implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan	Official Journal of the European Union L 276 of 21 October 2011 ,p. 47
Council Implementing Decision 2012/167/CFSP of 23 March 2012 implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan	Official Journal of the European Union L 87 of 24 March 2012 ,p. 60
Council Implementing Decision 2012/334/CFSP of 25 June 2012 implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan	Official Journal of the European Union L 165 of 26 June 2012 ,p. 75
Council Implementing Decision 2012/393/CFSP of 16 July 2012 implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan	Official Journal of the European Union L 187 of 17 July 2012 ,p. 52
Council Implementing Decision 2012/454/CFSP of 1 August 2012 implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan	Official Journal of the European Union L 206 of 2 August 2012 ,p. 11
Council Implementing Decision 2012/745/CFSP of 3 December 2012 implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan	Official Journal of the European Union L 332 of 4 December 2012 ,p. 22
Council Implementing Decision 2012/809/CFSP of 20 December 2012 implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan	Official Journal of the European Union L 352 of 21 December 2012 ,p. 47
Council Implementing Decision 2013/73/CFSP of 31 January 2013 implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan	Official Journal of the European Union L 32 of 1 February 2013 ,p. 21
Council Implementing Decision 2013/145/CFSP of 21 March 2013 implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan	Official Journal of the European Union L 82 of 22 March 2013 ,p. 55
Council Implementing Decision 2013/219/CFSP of 16 May 2013 implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan	Official Journal of the European Union L 133 of 17 May 2013 ,p. 22
Council Implementing Decision 2014/140/CFSP of 14 March 2014 implementing Council Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan	Official Journal of the European Union L 76 of 15 March 2014 ,p. 42
Council Implementing Decision 2014/142/CFSP of 14 March 2014 implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan	Official Journal of the European Union L 76 of 15 March 2014 ,p. 46
Council Implementing Decision 2014/701/CFSP of 8 October 2014 implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan	Official Journal of the European Union L 293 of 15 March 2014 ,p. 37
Council Implementing Decision (CFSP) 2015/1332 of 31 July 2015 implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan	Official Journal of the European Union L 206 of 1 August 2015 ,p. 31
Council Implementing Decision (CFSP) 2015/2054 of 16 November 2015 implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan	Official Journal of the European Union L 300 of 17 November 2015 ,p. 29
Council Implementing Decision (CFSP) 2016/1748 of 29 September 2016 implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan	Official Journal of the European Union L 264 of 30 September 2016 ,p. 38
Council Implementing Decision (CFSP) 2017/416 of 7 March 2017 implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan	Official Journal of the European Union L 63 of 9 March 2017 ,p. 126
Council Implementing Decision (CFSP) 2018/656 of 26 April 2018 implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan	Official Journal of the European Union L 108 of 27 April 2017 ,p. 36
Council Implementing Decision (CFSP) 2019/285 of 18 February 2019 implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan	Official Journal of the European Union L 47 of 19 February 2019 ,p. 42
Council Implementing Decision (CFSP) 2022/153 of 3 February 2022 amending Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan	Official Journal of the European Union L 25 of 4 February 2022 ,p. 17

Corrected by

Corrigendum to Council Implementing Decision 2011/698/CFSP of 20 October 2011 implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan

Official Journal of the European Union L 6 of 10 January 2012 ,p. 12