Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures in view of the situation in Syria

Last Text Update: 14 July 2023. - Old versions: 23 February 2023

Summary

Chapter I - Export and import restrictions

Chapter II - Restrictions on financing of certain enterprises

Chapter III - Restrictions on infrastructure projects

Chapter IV - Restrictions on financial support for trade

Chapter V - Financial sector

Chapter VI - Transport sector

Chapter VII - Restrictions on admission

Chapter VIII - Freezing of funds and economic ressources

Chapter IX- general and final provisions

Annex I - List of natural and legal persons, entities or bodies referred to in Articles 27 and 28

Annex II - List of entities referred to in Article 28

Chapter 1 - Export and import restrictions

Article 1 

1.   The sale, supply, transfer or export of certain equipment, goods and technology which might be used for internal repression or for the manufacture and maintenance of products which could be used for internal repression, to Syria 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.

The Union shall take the necessary measures in order to determine the relevant items to be covered by this paragraph.

2.   It shall be prohibited to:

(a) provide, directly or indirectly, technical assistance, brokering services or other services related to the items referred to in paragraph 1 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in, or for use in, Syria;

(b) provide, directly or indirectly, financing or financial assistance related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering services or other services to any natural or legal person, entity or body in, or for use in, Syria.

3.   Paragraphs 1 and 2 shall not apply to the sale, supply, transport or export of certain equipment, goods and technology which might be used for internal repression or for the manufacture and maintenance of products which could be used for internal repression or to the provision of related technical or financial assistance, where a Member State determines on a case-by-case basis that they are intended for:

(a) food, agricultural, medical or other humanitarian purposes, or for the benefit of UN Personnel, or personnel of the Union or its Member States; or

(b) activities undertaken in accordance with paragraph 10 of United Nations Security Council Resolution 2118(2013) and related decisions of the Executive Council of the OPCW, consistent with the objective of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Chemical Weapons Convention) and after consultation with the OPCW.

Article 2

1.   The sale, supply, transfer or export of certain equipment, goods or technology other than those referred to in Article 1(1) which might be used for internal repression or for the manufacture and maintenance of products which could be used for internal repression, to Syria by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be subject to authorisation on a case-by-case basis by the competent authorities of the exporting Member State.

The Union shall take the necessary measures in order to determine the relevant items to be covered by this paragraph.

2.   The provision of:

(a) technical assistance, brokering services or other services related to the items referred to in paragraph 1 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in, or for use in, Syria;

(b) financing or financial assistance related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering services or other services to any natural or legal person, entity or body in, or for use in, Syria,

shall also be subject to an authorisation of the competent authority of the exporting Member State.

Article 3

1.   The purchase, import or transport of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, from Syria or originating in Syria, shall be prohibited.

2.   It shall be prohibited to provide, directly or indirectly, financing or financial assistance, including financial derivatives, as well as insurance and reinsurance, and brokering services related to insurance and reinsurance, for any purchase, import or transport of the items referred to in paragraph 1, from Syria or originating in Syria.

3.   Paragraphs 1 and 2 shall not apply to the import or transport of chemical weapons or related material from Syria or originating in Syria, undertaken in accordance with paragraph 10 of UN Security Council Resolution 2118(2013) and related decisions of the Executive Council of the OPCW, consistent with the objective of the Chemical Weapons Convention.

Article 4

The sale, supply, transfer or export of equipment or software intended primarily for use in the monitoring or interception by the Syrian regime, or on its behalf, of the Internet and of telephone communications on mobile or fixed networks in Syria and the provision of assistance to install, operate or update such equipment or software shall be prohibited.

The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

Article 5

1.   The purchase, import or transport from Syria of crude oil and petroleum products shall be prohibited.

2.   It shall be prohibited to provide, directly or indirectly, financing or financial assistance, including financial derivatives, as well as insurance and reinsurance, related to the prohibitions referred to in paragraph 1.

3.   The prohibitions set out in paragraphs 1 and 2 shall not apply to the purchase or transport in Syria of petroleum products or to associated financing or financial assistance by public bodies, or by legal persons or entities which receive public funding from the Union or Member States to provide humanitarian relief in Syria or to provide assistance to the civilian population in Syria, where such products are purchased or transported for the sole purposes of providing humanitarian relief in Syria or to provide assistance to the civilian population in Syria.

4.   The prohibitions set out in paragraphs 1 and 2 shall not apply to the purchase or transport of petroleum products by diplomatic or consular missions where such products are purchased or transported for official purposes of the mission.

Article 6

1.   With a view to helping the civilian population in Syria in cases not covered by Article 5(3) and by way of derogation from Article 5(1) and (2), the competent authorities of a Member State may authorise, on the general and specific terms and conditions they deem appropriate, the purchase or transport in Syria of petroleum products and the provision of associated financing or financial assistance, provided that the following conditions are met:

(a) the activities concerned are for the sole purpose of providing humanitarian relief in Syria or assistance to the civilian population in Syria; and

(b) the activities concerned do not breach any of the prohibitions laid down in this Decision.

2.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this Article within two weeks of any authorisation granted. For an authorisation granted under paragraph 1, the notification shall contain details about the authorised entity and about its humanitarian activities in Syria.

Article 7

The prohibitions in Article 5 shall be without prejudice to the execution, until 15 November 2011, of obligations provided for in contracts concluded before 2 September 2011.

Article 7a

1.   The sale, supply, transfer or export of jet fuel and additives specifically formulated for jet fuel to Syria 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 to provide, directly or indirectly, financing or financial assistance, as well as insurance and reinsurance or brokering services, related to any sale, supply, transfer or export of jet fuel and additives as referred to in paragraph 1.

3.   The competent authorities of a Member State may authorise the sale, supply, transfer or export of jet fuel and additives to Syria or the provision of direct or indirect financing, financial assistance, insurance, reinsurance or brokering services, necessary for use by the United Nations or bodies acting on its behalf for humanitarian purposes such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance or for evacuations from Syria or within Syria.

4.   The prohibitions in paragraphs 1 and 2 shall not apply to jet fuel and additives exclusively used by non-Syrian civilian aircraft landing in Syria, provided that they are intended and used solely for the continuation of the flight operation of the aircraft into which they were loaded.

5.   The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

Article 8

1.   The sale, supply or transfer of key equipment and technology for the following key sectors of the oil and natural gas industry in Syria, or to Syrian or Syrian-owned enterprises engaged in those sectors outside Syria, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States shall be prohibited whether or not originating in their territories:

(a) refining;

(b) liquefied natural gas;

(c) exploration;

(d) production.

The Union shall take the necessary measures in order to determine the relevant items to be covered by this paragraph.

2.   It shall be prohibited to provide the following to enterprises in Syria that are engaged in the key sectors of the Syrian oil and gas industry referred to in paragraph 1 or to Syrian, or Syrian-owned enterprises engaged in those sectors outside Syria:

(a) technical assistance or training and other services related to key equipment and technology as referred to in paragraph 1;

(b) financing or financial assistance for any sale, supply, transfer or export of key equipment and technology as set out in paragraph 1 or for the provision of related technical assistance or training.

Article 9

1.   The prohibition in Article 8(1) shall be without prejudice to the execution of an obligation relating to the delivery of goods provided for in contracts awarded or concluded before 1 December 2011.

2.   The prohibitions in Article 8 shall be without prejudice to the execution of an obligation arising from contracts awarded or concluded before 1 December 2011 and relating to investments made in Syria before 23 September 2011 by enterprises established in Member States.

Article 10

With a view to helping the Syrian civilian population, in particular to meeting humanitarian concerns, restoring normal life, upholding basic services, reconstruction, and restoring normal economic activity or other civilian purposes and by way of derogation from Article 8(1) and (2), the competent authorities of a Member State may authorise the sale, supply or transfer of key equipment and technology for the key sectors of the oil and natural gas industry in Syria referred to in Article 8(1), or to Syrian or Syrian-owned enterprises engaged in those sectors outside Syria and the provision of related technical assistance or training and other services, as well as financing or financial assistance, provided that the following conditions are met:

(a) the Syrian National Coalition for Opposition and Revolutionary Forces has been consulted in advance by the Member State concerned;

(b) the activities concerned are not directly or indirectly for the benefit of a person or entity referred to in Article 28(1); and

(c) the activities concerned do not breach any of the prohibitions laid down in this Decision.

The relevant Member State shall inform the other Member States of any authorisation granted under this Article.

Article 11

The delivery of Syrian denominated banknotes and coinage to the Central Bank of Syria shall be prohibited.

Article 12

The direct or indirect sale, purchase, transportation or brokering of gold and precious metals, as well as of diamonds to, from or for the Government of Syria, its public bodies, corporations and agencies, the Central Bank of Syria, as well as to, from or for persons and entities acting on their behalf or at their direction, or entities owned or controlled by them, shall be prohibited.

The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

Article 13

The sale, supply, transfer or export of luxury goods to Syria 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.

The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

Article 13a

It shall be prohibited to import, export, transfer or provide related brokering services for cultural property and other items of archaeological, historical, cultural, rare scientific and religious importance which have been illegally removed from Syria, or where reasonable suspicion exists that they have been illegally removed from Syria, on or after 15 March 2011. The prohibition shall not apply if it is shown that the cultural items are being safely returned to their legitimate owners in Syria.

The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

Chapter II - Restrictions on financing of certain enterprises

Article 14

The following shall be prohibited:

(a) the granting of any financial loan or credit to enterprises in Syria that are engaged in the Syrian oil industry sectors of exploration, production or refining, or to Syrian or Syrian-owned enterprises engaged in those sectors outside Syria;

(b) the granting of any financial loan or credit to enterprises in Syria that are engaged in the construction of new power plants for the production of electricity in Syria;

(c) the acquisition or extension of a participation in enterprises in Syria that are engaged in the Syrian oil industry sectors of exploration, production or refining, or in Syrian or Syrian-owned enterprises engaged in those sectors outside Syria, including the acquisition in full of such enterprises and the acquisition of shares or securities of a participating nature;

(d) the acquisition or extension of a participation in enterprises in Syria that are engaged in the construction of new power plants for the production of electricity in Syria, including the acquisition in full of such enterprises and the acquisition of shares or securities of a participating nature;

(e) the creation of any joint venture with enterprises in Syria that are engaged in the Syrian oil industry sectors of exploration, production or refining and with any subsidiary or affiliate under their control;

(f) the creation of any joint venture with enterprises in Syria that are engaged in the construction of new power plants for the production of electricity in Syria and with any subsidiary or affiliate under their control.

Article 15

1.   The prohibitions set out in points (a) and (c) of Article 14:

(i) shall be without prejudice to the execution of an obligation arising from contracts or agreements concluded before 23 September 2011;

(ii) shall not prevent the extension of a participation, if such extension is an obligation under an agreement concluded before 23 September 2011.

2.   The prohibitions set out in points (b) and (d) of Article 14:

(i) shall be without prejudice to the execution of an obligation arising from contracts or agreements concluded before 1 December 2011;

(ii) shall not prevent the extension of a participation, if such extension is an obligation under an agreement concluded before 1 December 2011.

Article 16

With a view to helping the Syrian civilian population, in particular to meeting humanitarian concerns, restoring normal life, upholding basic services, reconstruction, and restoring normal economic activity or other civilian purposes and by way of derogation from points (a), (c) and (e) of Article 14, the competent authorities of a Member State may authorise the granting of any financial loan or credit to or the acquisition or extension of a participation in enterprises in Syria that are engaged in the Syrian oil industry sectors of exploration, production or refining, or Syrian or Syrian-owned enterprises engaged in those sectors outside Syria, or the creation of any joint venture with enterprises in Syria that are engaged in the Syrian oil industry sectors of exploration, production or refining and with any subsidiary or affiliate under their control, provided that the following conditions are met:

(a) the Syrian National Coalition for Opposition and Revolutionary Forces has been consulted in advance by the Member State concerned;

(b) the activities concerned are not directly or indirectly for the benefit of a person or entity referred to in Article 28(1); and

(c) the activities concerned do not breach any of the prohibitions laid down in this Decision.

The relevant Member State shall inform the other Member States of any authorisation granted under this Article.
 

Chapter III - Restrictions on infrastructure projects

Article 17

1.   Participation in the construction of new power plants for the production of electricity in Syria shall be prohibited.

2.   It shall be prohibited to provide technical assistance or financing or financial assistance to the construction of new power plants for the production of electricity in Syria.

3.   The prohibition in paragraphs 1 and 2 shall be without prejudice to the execution of an obligation arising from contracts or agreements concluded before 1 December 2011.

Chapter IV - Restrictions on financial support for trade

Article 18

1.   Member States shall exercise restraint in entering into new short and medium-term commitments for public and private provided financial support for trade with Syria, including the granting of export credits, guarantees or insurance, to their nationals or entities involved in such trade, with a view to reducing their outstanding amounts, in particular to avoid any financial support contributing to the violent repression against the civilian population in Syria. In addition, Member States shall not enter into new long-term commitments for public and private provided financial support for trade with Syria.

2.   Paragraph 1 shall not affect commitments established prior to 1 December 2011.

3.   Paragraph 1 shall not concern trade for food, agricultural, medical or other humanitarian purposes.

Chapter V - Financial sector

Article 19

Member States shall not enter into new commitments for grants, financial assistance or concessional loans to the Government of Syria, including through their participation in international financial institutions, except for humanitarian and developmental purposes.

Article 20

The following shall be prohibited:

(a) any disbursement or payment by the European Investment Bank (EIB) under or in connection with any existing loan agreements entered into between Syria and the EIB;

(b) the continuation by the EIB of any existing Technical Assistance Service Contracts for sovereign projects located in Syria.

Article 21

The following shall be prohibited: the direct or indirect sale or purchase of, or brokering or assistance in the issuance of Syrian public or public-guaranteed bonds issued after 1 December 2011 to and from the Government of Syria, its public bodies, corporations and agencies, the Central Bank of Syria, or banks domiciled in Syria, or branches and subsidiaries within and outside the jurisdiction of Member States of banks domiciled in Syria, or financial entities that are neither domiciled in Syria nor within the jurisdiction of the Member States, but are controlled by persons and entities domiciled in Syria as well as any persons and entities acting on their behalf or at their direction, or entities owned or controlled by them.

Article 22

1.   The opening of new branches, subsidiaries, or representative offices of Syrian banks in the territories of Member States, and the establishment of new joint ventures, or the taking of an ownership interest, or the establishment of new correspondent banking relationships by Syrian banks, including the Central Bank of Syria, its branches and subsidiaries and financial entities that are not domiciled in Syria, but are controlled by persons or entities domiciled in Syria, with banks in the jurisdiction of Member States, shall be prohibited.

2.   Financial institutions within the territories of the Member States or under their jurisdiction shall be prohibited from opening representative offices, subsidiaries or banking accounts in Syria.

Article 23

With a view to helping the Syrian civilian population, in particular to meeting humanitarian concerns, restoring normal life, upholding basic services, reconstruction, and restoring normal economic activity or other civilian purposes and by way of derogation from Article 22(2), the competent authorities of a Member State may authorise financial institutions within the territories of the Member States or under their jurisdiction to open representative offices, subsidiaries or banking accounts in Syria, provided that the following conditions are met:

(a) the Syrian National Coalition for Opposition and Revolutionary Forces has been consulted in advance by the Member State concerned;

(b) the activities concerned are not directly or indirectly for the benefit of a person or entity referred to in Article 28(1); and

(c) the activities concerned do not breach any of the prohibitions laid down in this Decision.

The relevant Member State shall inform the other Member States of any authorisation granted under this Article.

Article 24

1.   The provision of insurance and re-insurance to the Government of Syria, its public bodies, corporations and agencies or to any persons or entities acting on their behalf or at their direction, or to entities owned or controlled by them, including through illicit means, shall be prohibited.

2.   Paragraph 1 shall not apply to the provision of:

(a) health or travel insurance to natural persons;

(b) compulsory or third party insurance to Syrian persons, entities or bodies based in the Union;

(c) insurance or re-insurance to the owner of a vessel, aircraft or vehicle chartered by a Syrian person, entity or body and which person, entity or body is not listed in Annex I or II.

Chapter VI - Transport sector

Article 25

1.   Member States, in accordance with their national legislation and consistent with international law, in particular relevant international civil aviation agreements, shall take the necessary measures to prevent access to the airports under their jurisdiction of all exclusively cargo flights operated by Syrian carriers and all flights operated by Syrian Arab Airlines.

2.   Paragraph 1 shall not apply to the access to airports under the jurisdiction of Member States of flights operated by Syrian Arab Airlines, necessary for the sole purpose of evacuating citizens of the Union and their family members from Syria.

Article 26

1.   If Member States have information that provides reasonable grounds to believe that the cargo of vessels and aircraft bound for Syria contains items whose supply, sale, transfer or export is prohibited under Article 1 or subject to authorisation under Article 2, they shall inspect, in accordance with their national legislation and consistent with international law, in particular the law of the sea and relevant international civil aviation agreements and maritime transport agreements, such vessels and aircraft in their seaports and airports, as well as in their territorial sea, in accordance with decisions and capabilities of their competent authorities and with the consent, as necessary in accordance with international law for the territorial sea, of the flag State.

2.   Member States, in accordance with their national legislation and consistent with international law, shall, upon discovery, seize and dispose of items whose supply, sale, transfer or export is prohibited under Article 1 or 2.

3.   Member States shall cooperate, in accordance with their national legislation, with inspections and disposals undertaken pursuant to paragraphs 1 and 2.

4.   Aircraft and vessels transporting cargo to Syria shall be subject to the requirement of additional pre-arrival or pre-departure information for all goods brought into or out of a Member State.

Chapter VII - Restrictions on admission

Article 27

1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons responsible for the violent repression against the civilian population in Syria, persons benefiting from or supporting the regime, and persons associated with them, as listed in Annex I.

2.   In accordance with the assessments and determinations made by the Council in the context of the situation in Syria as set out in recitals 5 to 11, Member States shall also take the necessary measures to prevent the entry into, or transit through, their territories of:

(a) leading businesspersons operating in Syria;

(b) members of the Assad or Makhlouf families;

(c) Syrian Government Ministers in power after May 2011;

(d) members of the Syrian Armed Forces of the rank of ‘colonel’ and the equivalent or higher in post after May 2011;

(e) members of the Syrian security and intelligence services in post after May 2011;

(f) members of regime-affiliated militias; or

(g) persons operating in the chemical weapons proliferation sector,

and persons associated with them, as listed in Annex I.

3.   Persons within one of the categories referred to in paragraph 2 shall not be included or retained on the list of persons and entities in Annex I if there is sufficient information that they are not, or are no longer, associated with the regime or do not exercise influence over it or do not pose a real risk of circumvention.

4.   All listing decisions shall be made on an individual and case-by-case basis taking into account the proportionality of the measure.

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

6.   Paragraphs 1 and 2 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:

(a) as a host country to an international intergovernmental organisation;

(b) as a host country to an international conference convened by, or under the auspices of, the UN;

(c) under a multilateral agreement conferring privileges and immunities; or

(d) under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy.

7.   Paragraph 6 shall be considered as also applying in cases where a Member State is host country to the Organisation for Security and Cooperation in Europe (OSCE).

8.   The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraph 6 or 7.

9.   Member States may grant exemptions from the measures imposed under paragraphs 1 and 2 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted by the Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in Syria.

10.   A Member State wishing to grant exemptions referred to in paragraph 9 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the Council members raises an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more of the Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.

11.   Where, pursuant to paragraphs 6 to 10, a Member State authorises the entry into, or transit through, its territory of persons listed in Annex I, the authorisation shall be limited to the purpose for which it is given and to the person concerned therewith.

Chapter VIII - Freezing of funds and economic ressources

Article 28

1.   All funds and economic resources belonging to, or owned, held or controlled by persons responsible for the violent repression against the civilian population in Syria, persons and entities benefiting from or supporting the regime, and persons and entities associated with them, as listed in Annexes I and II, shall be frozen.

2.   In accordance with the assessments and determinations made by the Council in the context of the situation in Syria as set out in recitals 5 to 11, all funds and economic resources belonging to, or owned, held or controlled by:

(a) leading businesspersons operating in Syria;

(b) members of the Assad or Makhlouf families;

(c) Syrian Government Ministers in power after May 2011;

(d) members of the Syrian Armed Forces of the rank of ‘colonel’ and the equivalent or higher in post after May 2011;

(e) members of the Syrian security and intelligence services in post after May 2011;

(f) members of regime-affiliated militias; or

(g) members of entities, units, agencies, bodies or institutions operating in the chemical weapons proliferation sector,

and persons and entities associated with them, as listed in Annex I, shall be frozen.

3.   Persons, entities or bodies within one of the categories referred to in paragraph 2 shall not be included or retained on the list of persons and entities in Annex I if there is sufficient information that they are not, or are no longer, associated with the regime or do not exercise influence over it or do not pose a real risk of circumvention.

4.   All listing decisions shall be made on an individual and case-by-case basis taking into account the proportionality of the measure.

5.   No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of, the natural or legal persons or entities listed in Annexes I and II.

6.   The competent authority of a Member State may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as it deems appropriate, after having determined that the funds or economic resources concerned are:

(a) necessary to satisfy the basic needs of the persons listed in Annexes I and II and their dependent family members, 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 the routine holding or maintenance of frozen funds or economic resources; or

(d) necessary for extraordinary expenses, provided that the competent authority has notified the competent authorities of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least two weeks prior to the authorisation;

(f) to be paid into or from an account of a diplomatic or consular mission or an international organisation enjoying immunities in accordance with international law, in so far as such payments are intended to be used for official purposes of the diplomatic or consular mission or international organisation;

(g) necessary for evacuations from Syria;

(h) intended for the Central Bank of Syria or Syrian State-owned entities, as listed in Annexes I and II, to make payments on behalf of the Syrian Arab Republic to the OPCW for activities related to the OPCW verification mission and the destruction of Syrian chemical weapons, and in particular to the OPCW Syrian Special Trust Fund for activities related to the complete destruction of Syrian chemical weapons outside the territory of the Syrian Arab Republic.

A Member State shall inform the other Member States and the Commission of any authorisation it grants under this paragraph.

7.   By way of derogation from paragraphs 1 and 2, the competent authorities of a Member State, may authorise the release of certain frozen funds or economic resources, provided that the following conditions are met:

(a) the funds or economic resources are subject of an arbitral decision rendered prior to the date on which the person or entity referred to in paragraph 1 or 2 was listed in Annex I or II or of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to or after that date;

(b) the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;

(c) the decision is not for the benefit of a person or entity listed in Annex I or II; and

(d) recognising the decision is not contrary to public policy in the Member State concerned.

A Member State shall inform the other Member States and the Commission of any authorisation granted under this paragraph.

8.   Paragraphs 1 and 2 shall not prevent a designated person or entity from making a 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 paragraphs 1 and 2.

9.   Paragraphs 1 and 2 shall not prevent a designated entity listed in Annex II, for a period of two months after the date of its designation, from making a payment from frozen funds or economic resources received by such entity after the date of its designation, where such payment is due under a contract in connection with the financing of trade, 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 or 2.

10.   Paragraph 5 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 arose prior to the date on which those accounts became subject to this Decision,

provided that any such interest, other earnings and payments remain subject to paragraphs 1 and 2.

11.   Paragraphs 1, 2 and 5 shall not apply to a transfer by or through the Central Bank of Syria of funds or economic resources received and frozen after the date of its designation or to a transfer of funds or economic resources to or through the Central Bank of Syria after the date of its designation where such transfer is related to a payment by a non-designated financial institution due in connection with a specific trade contract, provided that the relevant Member State has determined, on a case-by-case basis, that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1 or 2.

12.   Paragraphs 1 and 2 shall not apply to a transfer by or through the Central Bank of Syria of frozen funds or economic resources where such transfer is for the purpose of providing financial institutions under the jurisdiction of Member States with liquidity for the financing of trade, provided that the transfer has been authorised by the relevant Member State.

13.   Paragraphs 1, 2 and 5 shall not apply to a transfer, by or through a financial entity listed in Annex I or II, of frozen funds or economic resources where the transfer is related to a payment by a person or entity not listed in Annex I or II in connection with the provision of financial support to Syrian nationals pursuing an education, professional training or engaged in academic research in the Union, provided that the relevant Member State has determined, on a case-by-case basis, that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1 or 2.

14.   Paragraphs 1, 2 and 5 shall not apply to acts or transactions carried out, with regard to Syrian Arab Airlines, for the sole purpose of evacuating citizens of the Union and their family members from Syria.

15.   Paragraphs 1, 2 and 5 shall not apply to the transfer by or through the Commercial Bank of Syria of funds or economic resources received from outside the Union and frozen after the date of its designation or to a transfer of funds or economic resources to or through the Commercial Bank of Syria received from outside the Union after the date of its designation where such transfer is related to a payment by a non-designated financial institution due in connection with a specific trade contract for medical supplies, food, shelter, sanitation or hygiene for civilian use, provided that the relevant Member State has determined, on a case-by-case basis, that the payment is not directly or indirectly received by a person or entity referred to in paragraph 1 or 2.

Article 28a

1.   The prohibitions set out in Article 28(1), (2) and (5) shall not apply until 1 June 2025 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 United Nations Humanitarian Response Plans, United Nations Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs;

(e)organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate or which are certified or recognised by a Member State in accordance with national procedures;

(f)Member States’ specialised agencies; or

(g)the employees, grantees, subsidiaries or implementing partners of the entities referred to in points (a) to (f) while and to the extent that they are acting in those capacities.

2.   The prohibition set out in Article 28(5) shall not apply to funds or economic resources made available to the natural or legal persons and entities listed in Annexes I and II by public bodies, or by legal persons or entities which receive public funding to provide humanitarian relief in Syria or to provide assistance to the civilian population in Syria, where the provision of such funds or economic resources is for the purchase or transport of petroleum products, or associated financing or financial assistance, for the sole purposes of providing humanitarian relief in Syria or to provide assistance to the civilian population in Syria in accordance with Article 5(3).

3.   In cases not covered by paragraphs 1 and 2 of this Article and by way of derogation from the prohibitions set out in Article 28(1), (2) and (5), the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the provision of such funds or economic resources is necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs.

4.   In the absence of a negative decision, a request for information or a notification for additional time from the relevant competent authority within five working days of the date of receipt of a request for authorisation under paragraph 2, that authorisation shall be considered to be granted.

5.   The prohibition set out in Article 28(5) shall not apply to funds or economic resources made available to the natural or legal persons or entities listed in Annexes I and II by diplomatic or consular missions where the provision of such funds or economic resources is in accordance with Article 5(4).

6.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 3 and 4 within 4 weeks of such authorisation.’;

Chapter IX - General and final provisions

Article 29

No claims, including for compensation or indemnification or any other claim of this kind, such as a claim of set-off, fines or a claim under a guarantee, claims for extension or payment of a bond, financial guarantee, including claims arising from letters of credit and similar instruments in connection with any contract or transaction the performance of which was affected, directly or indirectly, wholly or in part, by reason of measures covered by this Decision, shall be granted to the designated persons or entities listed in Annexes I and II, or any other person or entity in Syria, including the Government of Syria, its public bodies, corporations and agencies, or any person or entity claiming through or for the benefit of any such person or entity.

Article 30

1.   The Council, acting upon a proposal by a Member State or the High Representative of the Union for Foreign Affairs and Security Policy, shall establish and amend the lists in Annexes I and II.

2.   The Council shall communicate its decision on the listing, including the grounds therefor, to the person, entity or body concerned, either directly, if the address is known, or through the publication of a notice, providing such person, entity or body with an opportunity to present observations. In particular, where a person, entity or body is listed in Annex I on the basis that they fall within one of the categories of persons, entities or bodies set out in Articles 27(2) and 28(2), the person, entity or body may present evidence and observations as to why, although they fall within such a category, they consider that their designation is not justified.

3.   Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person or entity concerned accordingly.

Article 31

1.   Annexes I and II shall include the grounds for listing the persons and entities concerned.

2.   Annexes I and II shall also contain, where available, the information necessary to identify the persons or entities concerned. With regard to persons, 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 entities, such information may include names, place and date of registration, registration number and place of business.

Article 32

It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions laid down in this Decision.

Article 33

In order to maximise the impact of the measures set out in this Decision, the Union shall encourage third States to adopt restrictive measures similar to those contained in this Decision.

Article 34

This Decision shall apply until 1 June 2025. It shall be kept under constant review. It may be renewed, or amended as appropriate, if the Council deems that its objectives have not been met

Article 35

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

Annex I - List of natural and legal persons, entities or bodies referred to in Articles 27 and 28

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Annex II - List of entities referred to in Article 28

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Initial version

Amended by