Council Regulation (EC) No 147/2003 of 27 January 2003 concerning certain restrictive measures in view of the situation in Somalia

Article 1

1.   It shall be prohibited:

(a) to provide financing or financial assistance related to military activities, for any sale, supply, transfer or export of goods and technology included in the Common Military List of the European Union, directly or indirectly to any person, entity or body in Somalia;

(b) to provide technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union, directly or indirectly, to any person, entity or body in Somalia.

Article 1a

For the purposes of this Regulation, the following definitions apply:

(a) ‘technical assistance’ means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services; including verbal forms of assistance;

(b) ‘financing or financial assistance’ means any action, irrespective of the particular means chosen, whereby the person, entity or body concerned, conditionally or unconditionally, disburses or commits to disburse its own funds or economic resources, including but not limited to grants, loans, guarantees, suretyships, bonds, letters of credit, supplier credits, buyer credits, import or export advances and all types of insurance and reinsurance, including export credit insurance. Payment as well as terms and conditions of payment of the agreed price for a good or a service, made in line with normal business practice, do not constitute financing or financial assistance;

(c) ‘Sanctions Committee’ means the UN Security Council Committee pursuant to resolution 2713(2023) concerning Al-Shabaab;

(d) ‘territory of the Union’ means the territories of the Member States to which the Treaty on the Functioning of the European Union is applicable, under the conditions laid down in that Treaty, including their airspace.

Article 2

The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to promote the transactions referred to in Article 1 shall be prohibited.

Article 3

1.   Article 1 shall not apply to the provision of financing or financial assistance related to military activities, for any sale, supply, transfer or export of, or technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union intended solely for the support of, or use by:

(a) the Government of the Federal Republic of Somalia (GFRS), the Somali National Army (SNA), the National Intelligence and Security Agency (NISA), the Somali National Police Force (SNPF) or the Somali Custodial Corps;

(b) United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM) and the United Nations Support Office in Somalia (UNSOS);

(c) the African Union Transition Mission in Somalia (ATMIS) and its Troop- and Police-Contributing Countries, as well as its strategic partners, operating solely under the latest African Union Strategic Concept of Operations, and in cooperation and coordination with ATMIS;

(d) the European Union training and support activities, Türkiye, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, as well as any other State forces, with a status of forces agreement or a memorandum of understanding with the GFRS, provided they inform the Sanctions Committee about the existence of such agreements.

2.   By way of derogation from Article 1, the competent authorities of the Member States may authorise the provision of financing or financial assistance related to military activities, for any sale, supply, transfer or export of, or technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union intended solely for the support of, or use by, Somalia’s Federal Member States and regional governments or to licenced private security companies operating in Somalia provided that the following conditions are met:

(a) in relation to goods and technology included in Annex IV, the Sanctions Committee has received a notification from the GFRS and has not objected to that course of action within five working days;

(b) in relation to goods and technology included in Annex V, the Sanctions Committee has received a prior notification from the GFRS for information purposes five working days in advance.

3. Notifications under paragraph 2, points (a) and (b), of this Article shall include:

(a) details of the manufacturer and supplier of the weapons, ammunition and military equipment, including the type, the lot or batch and serial numbers;

(b) a description of the arms and ammunition including the type, calibre and quant

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

(d) all relevant information concerning the intended destination unit, or the intended place of storage.

4.   Article 1 shall not apply to the provision of financing or financial assistance or technical assistance related to:

(a) the sale, supply, transfer or export of protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by United Nations personnel, representatives of the media, private security contractors or humanitarian and development workers and associated personnel for their personal use only;

(b) the sale, supply, transfer or export of non-lethal military equipment by Member States, or international, regional or subregional organisations intended solely for humanitarian or protective use;

(c) the entry into Somali ports for temporary visits of vessels carrying weapons or military equipment for defensive purposes, provided that such items remain at all times aboard those vessels.

Article 3a

1.   In order to ensure the strict implementation of Articles 1 and 3 of Council Decision 2010/231/CFSP of 26 April 2010 concerning restrictive measures against Somalia, all goods brought into or leaving the customs territory of the Union to and from Somalia shall be made subject to pre-arrival or pre-departure information to be submitted to the competent authorities of the Member States concerned.

2.   The rules governing the obligation to provide pre-arrival or pre-departure information, in particular regarding the person who provides that information, the time-limits to be respected and the data required, shall be as determined in the relevant provisions concerning entry and exit summary declarations as well as customs declarations in the customs legislation.

3.   Furthermore, the person who provides the information referred to in paragraph 2, shall declare whether the goods are covered by the Common Military List of the European Union and, if their export is subject to an exemption, specify the particulars of the export licence granted.

4.   Until 31 December 2010 the entry and exit summary declarations and the required additional elements as referred to in this Article may be submitted in written form using commercial, port or transport documentation, provided that it contains the necessary particulars.

5.   As from 1 January 2011 the required additional elements, as referred to in paragraph 3, shall be submitted either in written form or using a customs declaration as appropriate.

Article 3b

1.   It shall be prohibited:

(a) to import charcoal into the Union if it:

(i) originates in Somalia; or

(ii) has been exported from Somalia;

(b) to purchase charcoal which is located in or which originated in Somalia;

(c) to transport charcoal if it originates in Somalia, or is being exported from Somalia to any other country;

(d) to provide, directly or indirectly, financing or financial assistance, as well as insurance and re-insurance related to the import, transport or purchase of charcoal from Somalia referred to in points (a), (b) and (c); and

(e) to participate knowingly and intentionally, in activities whose object or effect is, directly or indirectly, to circumvent the prohibition in points (a), (b), (c) and (d).

2.   For the purposes of this Article, ‘charcoal’ means the products listed in Annex II.

3.   The prohibitions in paragraph 1 shall not apply to the purchase or transport of charcoal which had been exported from Somalia prior to 22 February 2012.

Article 3c

1.   It shall be prohibited to sell, export, supply or transfer, directly or indirectly, improvised explosive devices components as listed in Annex III to Somalia from the territories of Member States or by nationals of Member States outside the territories of Member States, or using the flag vessels or aircraft of Member States, unless the competent authority of the relevant Member State, as identified on the websites listed in Annex I, has granted prior authorisation.

2.   The competent authorities of the Member States shall not grant any authorisation under paragraph 1 if there is sufficient evidence to demonstrate that the item(s) will be used, or that there is a significant risk they may be used, in the manufacture in Somalia of improvised explosive devices.

3. Prior to selling, exporting, supplying or transferring any items listed in Annex III to Somalia, the Member State concerned shall notify the GFRS for its awareness. It shall further notify the GFRS and the Sanctions Committee of the sale, supply or transfer no more than 15 working days after the sale, supply or transfer takes place.

4. Notifications pursuant to paragraph 3 shall contain all relevant information, including:

(a) the purpose of the use of the item(s);

(b) the end user;

(c) technical specifications;

(d) the quantity of the item(s); and

(e) the intended storage location of the item(s).

Article 4

Without prejudice to the rights and obligations of the Member States under the Charter of the United Nations, the Commission shall maintain all necessary contacts with the Security Council Committee mentioned in Article 3(1) for the purpose of the effective implementation of this Regulation.

Article 5

The Commission and the Member States shall immediately inform each other of the measures taken under this Regulation and shall supply each other with relevant information at their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgments handed down by national courts.

Article 6

This Regulation shall apply notwithstanding any rights conferred or obligations imposed by any international agreement signed or any contract entered into or any licence or permit granted before the entry into force of this Regulation.

Article 6a

The Commission shall amend  Annex I on the basis of information supplied by Member States.

Article 7

1.   Each Member State shall determine the sanctions to be imposed where the provisions of this Regulation are infringed. Such sanctions shall be effective, proportionate and dissuasive.

Pending the adoption, where necessary, of any legislation to this end, the sanctions to be imposed where the provisions of this Regulation are infringed shall, where relevant, be those determined by the Member States in order to give effect to Article 7 of Council Regulation (EC) No 1318/2002 of 22 July 2002 concerning certain restrictive measures in respect of Liberia.

2.   Each Member State shall be responsible for bringing proceedings against any natural or legal person, entity or body under its jurisdiction, in cases of violation of any of the prohibitions laid down in this Regulation by such person, entity or body.

Article 7a

1.   Member States shall designate the competent authorities referred to in this Regulation and identify them in, or through, the websites as set out in  Annex 1.

2.   Member States shall notify the Commission of their competent authorities without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment.

Article 8

This Regulation shall apply

- within the territory of the Community, including its airspace,

- on board any aircraft or any vessel under the jurisdiction of a Member State,

- to any person elsewhere who is a national of a Member State, and

- to any legal person, entity or body which is incorporated or constituted under the law of a Member State.

Article 9

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Annex I : Websites for information on the competent authorities and address for notifications to the European Commission

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Annex II : Products included within the meaning of the word 'charcoal'

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Annex III - List of items referred to in Article 3c

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Annex IV - List of items referred to in Article 3(2), point (a)

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Annex V - List of items referred to in Article 3(2), point (b)

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Initial version

Amended By