Council Decision 2010/231/CFSP of 26 April 2010 concerning restrictive measures in view of the situation in Somalia

Article 1

1.   The direct or indirect supply, sale or transfer of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned to Somalia by nationals of Member States or from the territories of Member States shall be prohibited whether originating or not in their territories.

2.   The direct or indirect supply to Somalia of technical advice, financial or other assistance or training related to military activities, including in particular technical training and assistance related to the provision, manufacture, maintenance or use of the items mentioned in paragraph 1, by nationals of Member States or from the territories of the Member States, shall be prohibited.

3.   Paragraphs 1 and 2 shall not apply to:

(a) the supply, sale or transfer of arms or related material of all types, and the direct or indirect supply of technical advice, financial or other assistance or training related to military activities, to 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; or,

(b) the supply, sale or transfer of arms and related material of all types, and the direct or indirect supply of technical advice, financial or other assistance or training related to military activities, to Somalia’s Federal Member States and regional governments or to licenced private security companies operating in Somalia; the delivery of the items set out in Annexes II and III, and the provision of technical advice, financial or other assistance, or training related to military activities shall be subject to the relevant approval or notification requirements as follows: (i) the supply, sale or transfer of arms and related material of all types set out in Annex II to Somalia’s Federal Member States and regional governments or to licenced private security companies operating in Somalia to provide security for international and commercial premises and personnel in Somalia may be provided in the absence of a negative decision by the Security Council Committee pursuant to resolution 2713 (2023) concerning Al-Shabaab (the “Sanctions Committee”) within five working days of receiving a notification from the GFRS; (ii) the supply, sale or transfer of arms and related material of all types set out in Annex III to Somalia’s Federal Member States and regional governments or licenced private security companies operating in Somalia to provide security for international and commercial premises and personnel in Somalia are subject to notification to the Sanctions Committee, for information only, at least five working days in advance by the GFRS;

(c) the supply, sale or transfer of arms and related material of all types, or the direct or indirect supply of technical advice, financial or other assistance or training related to military activities, intended solely for the support of or use by United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM) and the United Nations Support Office in Somalia (UNSOS);

(d) the supply, sale or transfer of arms or related material of all types, or the direct or indirect supply of technical advice, financial or other assistance or training related to military activities, intended solely for the support of or use by the African Union Transition Mission in Somalia (ATMIS) and its Troop- and Police-Contributing Countries, as well as its strategic partners, who are operating solely under the latest African Union (AU) Strategic Concept of Operations, and in cooperation and coordination with ATMIS;

(e) the supply, sale or transfer of arms or related material of all types, or the direct or indirect supply of technical advice, financial or other assistance or training related to military activities, intended solely for the support of or use by: the European Union training and support activities, Türkiye, the United Kingdom of Great Britain and Northern Ireland or 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, for information purposes only, about the existence of such agreements;

(f) the supply, sale or transfer 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;

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

(h) 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. 

4.  It shall be prohibited to supply, resell, transfer, or make available for use any weapons or military equipment, sold or supplied in accordance with Article 1(3), points (a), (b), (c), (d) or (e), to any individual or entity not in the service of the recipient to which it was originally sold or supplied, or to the selling or supplying Member State or international, regional or subregional organisation.

Article 1a

1.   The direct or indirect import, purchase or transport of charcoal from Somalia, whether or not such charcoal originated in Somalia, shall be prohibited.

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

2.   It shall be prohibited to provide, directly or indirectly, financing or financial assistance, as well as insurance and reinsurance, related to the import, purchase or transport of charcoal from Somalia.

Article 1b

Member States shall exercise vigilance over the direct or indirect supply, sale or transfer to Somalia of items not subject to the measures set out in Article 1(1) and over the direct or indirect supply to Somalia of technical advice, financial and other assistance and training related to military activities related to those items.

Article 1c

1.   Subject to Article 1(3), the direct or indirect supply, sale or transfer to Somalia of improvised explosive device components which appear on the EU Common Military List, and are reproduced in Annex IV to this Decision, by nationals of Member States or from the territories of Member States, shall be prohibited whether originating or not in their territories.

2.   The direct or indirect supply, sale or transfer to Somalia of other improvised explosive device components, as listed in Annex V to this Decision, shall be subject to prior authorisation by the competent authorities of the Member States. They shall not grant such authorisation if there is sufficient evidence to demonstrate that the items will be used, or there is a significant risk they may be used, in the manufacture in Somalia of improvised explosive devices.

3. Member States shall notify the GFRS for its awareness and the Sanctions Committee of the sale, supply or transfer of items referred to in paragraph 2 within 15 working days after the sale, supply or transfer takes place. The notifications shall contain all relevant information, including the purpose of the use of the items, the end user, the technical specifications, the quantity of the items to be shipped and the intended storage location. They shall ensure that the GFRS and the Federal Member States of Somalia are provided with adequate financial and technical assistance to establish appropriate safeguards for the storage and distribution of such materials.

4. Member States shall promote the exercise of vigilance by natural and legal persons subject to their jurisdiction as regards the direct or indirect supply, sale or transfer of explosive precursors and materials to Somalia that may be used in the manufacture of improvised explosive devices, other than the items listed in Annexes IV and V to this Decision. Member States shall keep records of transactions of which they are aware regarding suspicious purchases of, or enquiries into, such other items by natural or legal persons in Somalia, and shall share such information with the Federal Government of Somalia, the Sanctions Committee and the Panel of Experts pursuant to resolution 2713 (2023).

Article 2

1.   Restrictive measures as provided for in Articles 3, 5(1) and 6(1) and (2) shall be imposed against persons and entities designated by the Sanctions Committee as:

(a) engaging in, or providing support for, acts that threaten the peace, security or stability of Somalia, where such acts include, but are not limited to:

(i) planning, directing or committing acts involving sexual and gender-based violence;

(ii) acts that threaten the peace and reconciliation process in Somalia;

(iii) acts that threaten the Federal Government of Somalia or ATMIS by force;

(b) having acted in violation of the arms embargo or the arms resale and transfer restrictions or the prohibition against providing related assistance as referred to in Article 1;

(c) obstructing the delivery of humanitarian assistance to Somalia, or access to, or distribution of, humanitarian assistance in Somalia;

(d) being political or military leaders recruiting or using children in armed conflicts in Somalia in violation of applicable international law;

(e) being responsible for violations of applicable international law in Somalia involving the targeting of civilians including children and women in situations of armed conflict, including killing and maiming, sexual and gender-based violence, attacks on schools and hospitals and abduction and forced displacement;

(f) being associated with Al-Shabaab, acts and activities indicating that an individual or entity is associated with Al-Shabaab including:

(i) participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of Al-Shabaab;

(ii) supplying, selling or transferring arms and related materiel to Al-Shabaab; and

(iii) recruiting for, or otherwise supporting acts or activities of Al-Shabaab or any cell, affiliate, splinter group or derivative thereof.

2.   The relevant persons and entities are listed in Annex I.

Article 3

Member States shall take the necessary measures to prevent the direct and indirect supply, sale or transfer of weapons and military equipment and the direct or indirect supply of technical assistance or training, financial and other assistance including investment, brokering or other financial services, related to military activities or to the supply, sale, transfer, manufacture, maintenance or use of weapons and military equipment, to persons or entities referred to in Article 2.

Article 4

1.   Member States shall inspect, in accordance with their national authorities and legislation and consistent with international law, all cargo to and from Somalia in their territory, including at their airports and seaports, if they have information that provides reasonable grounds to believe that the cargo contains items the supply, sale, transfer or export of which is prohibited under Article 3.

2.   Aircrafts and vessels transporting cargo to and from Somalia 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.

3.   Member States shall, upon discovery, seize and dispose of (either by destroying or rendering inoperable) items the supply, sale, transfer or export of which is prohibited under Article 3.

Article 4a

Member States may, in accordance with paragraphs 11 to 21 of UNSCR 2182 (2014), inspect, in Somali territorial waters and on the high seas off the coast of Somalia extending to and including the Arabian Sea and Persian Gulf, acting nationally or through voluntary multinational naval partnerships, such as “Combined Maritime Forces”, in cooperation with the Federal Government of Somalia, vessels bound to or from Somalia which they have reasonable grounds to believe are:

(a) carrying charcoal from Somalia in violation of the charcoal ban;

(b) carrying weapons or military equipment to Somalia, directly or indirectly, in violation of the arms embargo on Somalia;

(c) carrying weapons or military equipment to individuals or entities designated by the Sanctions Committee;

(d) carrying improvised explosive device (IED) components identified in Part I of Annex C to UN Resolution 2662 (2022) in violation of the IED components ban.

Article 5

1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons referred to in Article 2.

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 Sanctions Committee:

(a) determines on a case-by-case basis that such entry or transit is justified on the grounds of humanitarian need, including religious obligation,

(b) determines on a case-by-case basis that an exemption would otherwise further the objectives of peace and national reconciliation in Somalia and stability in the region.

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

Article 6

1.   All funds and economic resources owned or controlled directly or indirectly by the persons or entities referred to in Article 2 or held by entities owned or controlled directly or indirectly by them or by any persons or entities acting on their behalf or at their direction, as designated by the Sanctions Committee, shall be frozen. The persons and entities concerned are identified in the  Annex I.

2.   No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the persons or 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 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 reimbursement of incurred expenses associated with the provision of legal services;

(c) intended exclusively for the payment of fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds and economic resources;

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

(e) 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 before designation by the Sanctions Committee of the person or entity concerned, and is not for the benefit of a person or entity referred to in Article 2, after notification by the Member State concerned to the Sanctions Committee.

4.   The exemptions referred to in paragraph 3(a), (b) and (c) 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 and economic 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 were concluded or arose before 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 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 Sanctions Committee.

Article 7

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

Article 8

1.   Where the Security Council or the Sanctions Committee lists a person or entity and has provided a statement of reasons for the designation, the Council shall include such person or entity in the Annex I . The Council shall communicate its decision and the statement of reasons to the person or entity concerned, either directly, if the address is known, or through the publication of a notice, providing such person 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 person or entity accordingly.

Article 9

The Annex I shall include, where available, information provided by the Security Council or by the Sanctions Committee 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 ID 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. The Annex I shall also include the date of designation by the Security Council or by the Sanctions Committee.

Article 10

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

Article 11

Common Position 2009/138/CFSP is hereby repealed.

Article 12

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

Annex I - List of persons and entities referred to in article 2

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Annex II - List of items referred to in point (F)(I) or article 1(3)

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Annex III - List of items referred to in point (f)(II) and (F)(III) of article 1(3)

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Annex IV - List of items referred to in article 1c(1)

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Annex V - List of items referred to in article 1c(2)

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Initial version

Amended by