Council Common Position 2005/888/CFSP of 12 December 2005 concerning specific restrictive measures against certain persons suspected of involvement in the assassination of former Lebanese Prime Minister Rafiq Hariri

Article 1

1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the natural persons listed in the Annex to this Common Position.

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 Committee determines, in advance and on a case by case basis, that such travel is justified on the grounds of humanitarian need, including religious obligation, or where the Committee concludes that an exemption would further the objectives of UNSCR 1636 (2005).

4.   In cases where, pursuant to paragraph 3 and in line with the determinations of the Committee, a Member State authorises the entry into, or transit through, its territory of persons listed in the Annex, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.

Article 2

1.   All funds and economic resources belonging to, owned, held or controlled by the natural persons listed in the Annex, or held by entities owned or controlled directly or indirectly by such persons or by any persons acting on their behalf or at their direction, as listed in the Annex, shall be frozen.

2.   No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the persons and entities listed in the Annex.

3.   Provided they have been approved by the Committee, exemptions may be made for 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 payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services;

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

4.   Paragraph 2 shall not apply to the addition to frozen accounts of interest or other earnings on those accounts, provided that any such interest and other earnings continue to be subject to paragraph 1.

5.   Paragraphs 1 and 2 shall not apply to the provision, processing or payment of funds, other financial assets or economic resources or to the provision of goods and services which are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:

(a) the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;

(b) international organisations;

(c) humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;

(d) bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA);

(e) the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or

(f) appropriate other actors as determined by the Committee.

Article 3

1.   Member States shall ensure, in accordance with applicable law, that if a natural person listed in the Annex is found within their territory, such person be available for interview by the Investigation Commission if that Commission so requests.

2.   Member States shall cooperate fully, in accordance with applicable law, with any international investigation related to the funds or economic resources or financial transactions of persons or entities listed in the Annex, including through sharing of financial information.

Article 4

The Council shall establish the list of relevant persons and related entities and persons contained in the Annex and implement any modifications thereof on the basis of the determinations made by the Committee.

Article 5

This Common Position shall take effect on the date of its adoption.

Article 6

This Common Position shall be published in the Official Journal of the European Union.

Annex - List of natural persons and entities referred to in Articles 1, 2 and 3

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