Central African Republic - Decision 2013/798

Council Decision 2013/798/CFSP of 23 December 2013 concerning restrictive measures in view of the situation in the Central African Republic

Article 1

1.   The sale, supply, transfer or export of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned to the Central African Republic (‘CAR’) by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft shall be prohibited whether originating or not in their territories.

2.   It shall be prohibited:

(a) to provide technical assistance, brokering services and other services, including the provision of armed mercenary personnel, related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, directly or indirectly, to any natural or legal person, entity or body in, or for use in the CAR;

(b) to provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of arms and related materiel or for the provision of related technical assistance, brokering services and other services, directly or indirectly, to any person, entity or body in, or for use in the CAR;

(c) to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in points (a) or (b).

Article 1a

Member States shall, upon discovery, seize, register and dispose of (such as through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal) items the supply, sale, transfer or export of which is prohibited under Article 1.

Article 2

1.   Article 1 shall not apply to:

(a) the sale, supply, transfer or export of arms and related materiel, and the provision of related technical assistance or financing and financial assistance, intended solely for the support of or use by the United Nations Multidimensional Integrated Stabilization Mission in the CAR (MINUSCA), the Union missions and the French forces deployed in the CAR, as well as other UN Member States’ forces providing training and assistance as notified in advance in accordance with point (b);

(b) the sale, supply, transfer or export of non‐lethal equipment and provision of assistance, including operational and non‐operational training to the CAR security forces, including state civilian law enforcement institutions, intended solely for support of or use in the CAR process of security sector reform (SSR), in coordination with MINUSCA, and as notified in advance to the Committee established pursuant to paragraph 57 of UNSCR 2127 (2013) (‘the Committee’);

(c) the sale, supply, transfer or export of arms and related materiel brought into the CAR by Chadian or Sudanese forces solely for their use in international patrols of the tripartite force established on 23 May 2011 in Khartoum by the CAR, Chad and Sudan, to enhance security in the common border areas, in cooperation with MINUSCA, as notified in advance to the Committee;

(d) the sale, supply, transfer or export of non‐lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as notified in advance to the Committee;

(e) the sale, supply, transfer or export of protective clothing, including flak jackets and military helmets, temporarily exported to the CAR by United Nations personnel, personnel of the Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;

(f) the sale, supply, transfer or export of small arms and other related equipment intended solely for use in international‐led patrols providing security in the Sangha River Tri‐national Protected Area or by armed wildlife rangers of the Chinko Project and the Bamingui‐Bangoran National Park to defend against poaching, smuggling of ivory and arms, and other activities contrary to the national laws of the CAR or the CAR’s international legal obligations, as notified in advance to the Committee;

(g) the sale, supply, transfer or export 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 the provision of related assistance, advice and training to the CAR security forces, including state civilian law enforcement institutions; or

(i) other sale, supply, transfer or export of arms and other related materiel, or provision of assistance or personnel, as approved in advance by the Committee.

2.   Member States shall notify the Committee in advance of the delivery of any sale, supply, transfer or export as permitted in points (a), (b), (c), (d), (f) and (i) of paragraph 1.

3.   Member States shall ensure that all notifications and all exemption requests to the Committee include:

(a) the details of the manufacturer and supplier of the equipment;

(b) a description of equipment including the type, calibre, quantity as well as serial numbers and lot numbers or the proposed date(s) when the serial numbers and lot numbers will be provided in the case of an exemption request;

(c) the proposed date(s) and place(s) of delivery;

(d) the mode(s) of transport and itinerary of shipments; and

(e) the purpose of use and end user, including the intended destination unit in the CAR security forces, as well as the intended place of storage.

Article 2a

1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons designated by the Committee as:

(a) engaging in or providing support for acts that undermine the peace, stability or security of the CAR, including acts that threaten or impede the stabilization and reconciliation process or that fuel violence;

(b) acting in violation of the arms embargo established in paragraph 54 of UNSCR 2127 (2013) and Article 1 of this Decision, or as having directly or indirectly supplied, sold, or transferred to armed groups or criminal networks in the CAR, or as having been the recipient of arms or any related materiel, or any technical advice, training, or assistance, including financing and financial assistance, related to violent activities of armed groups or criminal networks in the CAR;

(c) involved in planning, directing, or committing acts in the CAR that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, including those involving targeting of civilians, ethnic- or religious-based attacks, attacks on civilian objects, including administrative centres, courthouses, schools and hospitals, and abduction and forced displacement;

(d) involved in planning, directing or committing acts involving sexual and gender-based violence in the CAR;

(e) recruiting or using children in armed conflict in the CAR, in violation of applicable international law;

(f) providing support for armed groups or criminal networks through the illicit exploitation or trade of natural resources, including diamonds, gold, wildlife as well as wildlife products in or from the CAR;

(g) obstructing the delivery of humanitarian assistance to the CAR, or access to, or distribution of, humanitarian assistance in the CAR;

(h) involved in planning, directing, sponsoring, or conducting attacks against UN missions or international security presences, including MINUSCA, the Union missions and French forces which support them, as well as against humanitarian personnel;

(i) being leaders of an entity designated by the Committee, or having provided support to, or acted for or on behalf of, or at the direction of a person or an entity designated by the Committee, or an entity owned or controlled by a person or entity designated by the Committee;

(j) committing acts of incitement to violence, in particular on an ethnic or religious basis, that undermine the peace, stability or security of the CAR, and then engaging in or providing support for acts that undermine the peace, stability or security of the CAR;

(k) involved in planning, directing, sponsoring or committing acts in the CAR that violate international humanitarian law, including attacks against medical personnel or humanitarian personnel,

as listed in the Annex to this Decision.

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 entry or transit is necessary for the fulfilment of a judicial process.

4.   Paragraph 1 shall not apply where the Committee determines, on a case-by-case basis, that:

(a) travel is justified on the grounds of humanitarian need, including religious obligation;

(b) an exemption would further the objectives of peace and national reconciliation in the CAR and regional stability.

5.   In cases where, pursuant to paragraph 3 or 4, a Member State authorises the entry into, or transit through, its territory of a person listed in the Annex, the authorisation shall be limited to the purpose for which it was granted and to the person concerned thereby.

Article 2b

1.   All funds and economic resources owned or controlled directly or indirectly by the persons and entities designated by the Committee and listed in the Annex as:

(a) engaging in or providing support for acts that undermine the peace, stability or security of the CAR, including acts that threaten or impede the stabilization and reconciliation process or that fuel violence;

(b) acting in violation of the arms embargo established in paragraph 54 of UNSCR 2127 (2013) and Article 1 of this Decision, or as having directly or indirectly supplied, sold, or transferred to armed groups or criminal networks in the CAR, or as having been the recipient of arms or any related materiel, or any technical advice, training, or assistance, including financing and financial assistance, related to violent activities of armed groups or criminal networks in the CAR;

(c) involved in planning, directing, or committing acts in the CAR that violate international human rights law or international humanitarian law, as applicable, or that constitute human rights abuses or violations, including those involving targeting of civilians, ethnic- or religious-based attacks, attacks on civilian objects, including administrative centres, courthouses, schools and hospitals, and abduction and forced displacement;

(d) involved in planning, directing or committing acts involving sexual and gender-based violence in the CAR;

(e) recruiting or using children in armed conflict in the CAR, in violation of applicable international law;

(f) providing support for armed groups or criminal networks through the illicit exploitation or trade of natural resources, including diamonds, gold, wildlife as well as wildlife products in or from the CAR;

(g) obstructing the delivery of humanitarian assistance to the CAR, or access to, or distribution of, humanitarian assistance in the CAR;

(h) involved in planning, directing, sponsoring, or conducting attacks against UN missions or international security presences, including MINUSCA, the Union missions and French forces which support them, as well as against humanitarian personnel;

(i) being leaders of an entity designated by the Committee, or having provided support to, or acted for or on behalf of, or at the direction of a person or an entity designated by the Committee, or an entity owned or controlled by a person or entity designated by the Committee;

(j) committing acts of incitement to violence, in particular on an ethnic or religious basis, that undermine the peace, stability or security of the CAR, and then engaging in or providing support for acts that undermine the peace, stability or security of the CAR;

(k) involved in planning, directing, sponsoring or committing acts in the CAR that violate international humanitarian law, including attacks against medical personnel or humanitarian personnel,

shall be frozen.

2.   No funds, financial assets or economic resources shall be made available, directly or indirectly, to or for the benefit of any person or entity referred to in paragraph 1.

3.   A Member State may allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds and economic resources which are:

(a) necessary for basic expenses, including payments for foodstuffs, rent or mortgage, 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 routine holding or maintenance of frozen funds, other financial assets and economic resources;

after notification by the Member State concerned to the Committee of the intention to authorise, where appropriate, access to such funds and economic resources, and in the absence of a negative decision by the Committee within five working days of such notification.

4.   A Member State may also allow for exemptions from the measures referred to in paragraphs 1 and 2 in respect of funds and economic resources which are:

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

(b) the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered into prior to 27 January 2017, and is not for the benefit of a person or entity referred to in this Article, after notification by the Member State concerned to the Committee.

5.   Paragraph 1 shall not prevent a designated person or entity from making payment due under a contract entered into before the listing of such a person or entity, provided that the relevant Member State has determined that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1 and after notification by the relevant Member State to the Committee of the intention to make or receive such payments or to authorise, where appropriate, the unfreezing of funds or economic resources for this purpose, 10 working days prior to such authorisation.

6.   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 were concluded or that arose prior to the date on which those accounts became subject to restrictive measures under this Decision;

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

Article 2c

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

Article 2d

1.   Where the United Nations Security Council or the Committee designates a person or entity, the Council shall include that person or entity in the Annex. The Council shall communicate its decision, including the grounds for listing that person or entity, to the person or entity concerned, either directly, if the address is known, or through the publication of a notice, providing that person or entity with 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 person or entity accordingly.

Article 2e

1.   The Annex shall include the grounds for listing the persons and entities as provided by the United Nations Security Council or by the Committee.

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

Article 2f

1.   The Council and the High Representative may process personal data in order to carry out their tasks under this Decision, in particular:

(a) as regards the Council, for preparing and making amendments to the Annex;

(b) as regards the High Representative, for preparing amendments to the Annex.

2.   The Council and the High Representative may process, where applicable, relevant data relating to criminal offences committed by listed natural persons, to criminal convictions of such persons or to security measures concerning such persons, only to the extent that such processing is necessary for the preparation of the Annex.

3.   For the purposes of this Decision, the Council and the High Representative are designated as ‘controllers’ within the meaning of point (8) of Article 3 of Regulation (EU) 2018/1725 of the European Parliament and of the Council ( ¹ ), in order to ensure that the natural persons concerned can exercise their rights under Regulation (EU) 2018/1725.

Article 3

This Decision shall enter into force on the date of its publication in the Official Journal of the European Union .

Annex - list of persons referred to in article 2a and of persons and entities referred to in article 2b

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Initial version

Council Decision 2013/798/CFSP of 23 December 2013 concerning restrictive measures against the Central African Republic

Official Journal of the European Union L 352 of 24 December 2013, p. 51

Amended by

Council Decision 2014/125/CFSP of 10 March 2014 amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 70 of 11 March 2014, p. 22
Council Implementing Decision 2014/382/CFSP of 23 June 2014 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 183 of 24 June 2014, p. 57
Council Implementing Decision 2014/863/CFSP of 1 December 2014 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 346 of 2 December 2014, p. 52
Council Implementing Decision (CFSP) 2015/336 of 2 March 2015 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 58 of 3 March 2015 , p. 79
Council Decision (CFSP) 2015/739 of 7 May 2015 amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 117 of 8 May 2015 , p. 49
Council Implementing Decision (CFSP) 2015/1488 of 2 September 2015 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 229 of 3 September 2015, p. 12
Council Implementing Decision (CFSP) 2015/2459 of 23 December 2015 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 339 of 24 December 2015, p. 48
Council Implementing Decision (CFSP) 2016/360 of 11 March 2016 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 67 of 12 March 2016, p. 53
Council Decision (CFSP) 2016/564 of 11 April 2016 amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 96 of 14 April 2016, p. 38
Council Implementing Decision(CFSP) 2016/1446 of 31 August 2016 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 235 of 1 September 2016, p. 13
Council Decision (CFSP) 2017/412 of 7 March 2017 amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 63 of 9 March 2017, p. 102
Council Implementing Decision (CFSP) 2017/901 of 24 May 2017 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 138 of 25 May 2017, p. 140
Council Implementing Decision (CFSP) 2017/916 of 29 May 2017 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 139 of 30 May 2017, p. 49
Council Implementing Decision (CFSP) 2017/1103 of 20 June 2017 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 158 of 21 June 2017, p. 46
Council Implementing Decision (CFSP) 2018/332 of 5 March 2018 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 63 of 6 March 2018, p. 46
Council Implementing Decision (CFSP) 2018/391 of 12 March 2018 amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 69 of 13 March 2018, p. 46
Council Implementing Decision (CFSP) 2018/699 of 8 May 2018 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union LI 117 of 8 May 2018, p. 3
Council Implementing Decision (CFSP) 2019/763 of 13 May 2019 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 125 of 14 May 2019, p. 21
Council Implementing Decision (CFSP) 2019/1576 of 20 September 2019 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 243 of 23 September 2019, p. 6
Council Decision (CFSP) 2019/1737 of 17 October 2019 amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 265 of 18 October 2019, p. 6
Council Decision (CFSP) 2020/408 of 17 March 2020 amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union LI 80 of 17 March 2020, p. 1
Council Implementing Decision (CFSP) 2020/584 of 28 April 2020 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 137 of 24 April 2020, p. 5
Council Implementing Decision (CFSP) 2020/720 of 28 May 2020 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 168 of 29 May 2020, p. 126
Council Implementing Decision (CFSP) 2020/1172 of 7 August 2020 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 260  of 10 August 2020, p. 8
Council Implementing Decision (CFSP) 2020/1195 of 12 August 2020 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union LI 266 of 13 August 2020, p. 5
Council Decision (CFSP) 2020/1312 of 21 September 2020 amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 308 of 22 September 2020, p. 3
Council Implementing Decision (CFSP) 2021/636 of 16 April 2021 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 132 of 19 April 2021, p. 194
Council Implementing Decision (CFSP) 2021/712 of 29 April 2021 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 147 of 30 April 2021, p. 19
Council Decision (CFSP) 2021/1823 of 18 October 2021 amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 369 of 19 October 2021, p. 11
Council Implementing Decision (CFSP) 2022/23 of 10 January 2022 implementing Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union LI 5 of 10 January 2022, p. 10
Council  Decision (CFSP) 2022/1626 of 20 September 2022 amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	Official Journal of the European Union L 244 of 21 September 2022, p. 17
Council Decision (CFSP) 2023/338 of 14 February 2023 amending certain Council decisions and common positions concerning restrictive measures in order to insert provisions on a humanitarian exemption	Official Journal of the European Union L 47 of 15 February 2023, p. 50
Council  Decision (CFSP) 2023/2487 of 9 November 2023 amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic	OJ L, 2023/2487, 10.11.2023

Corrected by

Corrigendum to Council Decision (CFSP) 2020/1312 of 21 September 2020 amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic

Official Journal of the European Union L 435 of 23 December 2020, p. 80