Council Decision (CFSP) 2016/1693 of 20 September 2016 concerning restrictive measures against ISIL (Da'esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them and repealing Common Position 2002/402/CFSP

Article 1

• (a) provide technical assistance, brokering services and other services 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 individual, group, undertaking or entity referred to in paragraph 1;

• (b) 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 individual, group, undertaking or entity referred to in paragraph 1;

• (c) participate knowingly and intentionally in activities the object or effect of which is to circumvent the prohibitions referred to in point (a) or (b) of this paragraph.

Article 2

• (a) 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-Qaeda, ISIL (Da’esh), or any cell, affiliate, splinter group or derivative thereof;

• (b) supplying, selling or transferring arms and related materiel to Al-Qaeda, ISIL (Da’esh), or any cell, affiliate, splinter group or derivative thereof;

• (c) recruiting for, or otherwise supporting acts or activities of Al-Qaeda, ISIL (Da’esh), or any cell, affiliate, splinter group or derivative thereof;

• (d) being involved in acts or activities under criteria (a), (b) or (c), including planning, directing or committing acts involving sexual and gender-based violence including rape, enslavement of persons, and cases of abduction and trafficking in persons, when such acts are being used by ISIL, Al-Qaida and associated individuals, groups and entities as a tactic of terrorism; or

• (e) being controlled directly or indirectly by, or otherwise supporting, any individual, group, undertaking or entity associated with Al-Qaeda or ISIL (Da’esh), included on the ISIL (Da’esh) and Al-Qaeda sanctions list.

• (a) associated with ISIL (Da'esh) and Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, including by:
• (i) participating in the financing of ISIL (Da'esh) and Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, or in the financing of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of them;
• (ii) participating in the planning, facilitating, preparing, or perpetrating of acts or activities or providing or receiving of terrorist training such as instruction related to arms, explosive devices or other methods or technologies with the purpose of committing terrorist acts by, in conjunction with, under the name of, on behalf of, or in support of ISIL (Da'esh) and Al-Qaeda or any cell, affiliate, splinter group or derivative thereof;
• (iii) engaging in trade with ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, in particular of oil, oil products, modular refineries and related material, as well as trade in other natural resources and trade in cultural property;
• (iv) supplying, selling or transferring arms and related materiel to ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof;

• (b) travelling or seeking to travel outside of the Union for the purpose of:
• (i) the perpetration, planning, or preparation of, or participation in, terrorist acts on behalf or in support of ISIL (Da'esh), Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof;
• (ii) the providing or receiving of terrorist training, on behalf or in support of ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof; or
• (iii) otherwise supporting ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof;

• (c) seeking to travel into the Union for the same purpose as referred to in point (b) or to participate in acts or activities in conjunction with, under the name of, on behalf or in support of ISIL (Da'esh), Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof;

• (d) recruiting for, or otherwise supporting acts or activities of, ISIL (Da'esh), Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof, including by:
• (i) providing or collecting, by any means, directly or indirectly, funds in order to finance the travelling of individuals, for the purpose referred to in points (b) and (c); organising the travel of individuals for the purpose referred to in points (b) and (c), or otherwise facilitating it for that purpose;
• (ii) soliciting another person to participate in acts or activities by, in conjunction with, under the name of, on behalf of, or in support of ISIL (Da'esh), Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof;

• (e) inciting or publicly provoking acts or activities by, in conjunction with, under the name of, on behalf of, or in support of ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, including by encouraging or glorifying such acts or activities thereby causing a danger that terrorist acts may be committed;

• (f) being involved or complicit in ordering or committing serious abuses of human rights, including abduction, rape, sexual violence, forced marriage and enslavement of persons, outside the territory of the Union, on behalf or in the name of ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof,

as listed in the Annex.

• (a) on the grounds of urgent humanitarian need;

• (b) for the purpose of a judicial process; or

• (c) where a Member State is bound by an obligation towards an international organisation.

Article 3

• (a) 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-Qaeda, ISIL (Da’esh), or any cell, affiliate, splinter group or derivative thereof;

• (b) supplying, selling or transferring arms and related materiel to Al-Qaeda, ISIL (Da’esh), or any cell, affiliate, splinter group or derivative thereof;

• (c) recruiting for, or otherwise supporting acts or activities of Al-Qaeda, ISIL (Da’esh), or any cell, affiliate, splinter group or derivative thereof;

• (d) being involved in acts or activities under criteria (a), (b) or (c), including planning, directing or committing acts involving sexual and gender-based violence including rape, enslavement of persons, and cases of abduction and trafficking in persons, when such acts are being used by ISIL, Al-Qaida and associated individuals, groups and entities as a tactic of terrorism; or

• (e) being owned or controlled directly or indirectly by, or otherwise supporting, any individual, group, undertaking or entity associated with ISIL (Da’esh) or Al-Qaeda, included on the ISIL (Da’esh) and Al-Qaeda sanctions list, or by a third party acting on their behalf or at their direction;

shall be frozen.

• (a) associated with ISIL (Da'esh) and Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, including by:
• (i) participating in the financing of ISIL (Da'esh) and Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, or in the financing of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of them;
• (ii) participating in the planning, facilitating, preparing, or perpetrating of acts or activities or providing or receiving of terrorist training such as instruction related to arms, explosive devices or other methods or technologies with the purpose of committing terrorist acts by, in conjunction with, under the name of, on behalf of, or in support of ISIL (Da'esh) and Al-Qaeda or any cell, affiliate, splinter group or derivative thereof;
• (iii) engaging in trade with ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, in particular of oil, oil products, modular refineries and related material, as well as trade in other natural resources and trade in cultural property;
• (iv) supplying, selling or transferring arms and related materiel to ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof;

• (b) travelling or seeking to travel outside of the Union for the purpose of:
• (i) the perpetration, planning, or preparation of, or participation in, terrorist acts on behalf or in support of ISIL (Da'esh), Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof;
• (ii) the providing or receiving of terrorist training, on behalf or in support of ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof; or
• (iii) otherwise supporting ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof;

• (c) seeking to travel into the Union for the purpose referred to in point (b) or to participate in acts or activities in conjunction with, under the name of, on behalf or in support of ISIL (Da'esh,) Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof;

• (d) recruiting for or otherwise supporting acts or activities of ISIL (Da'esh), Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof, including by:
• (i) providing or collecting, by any means, directly or indirectly, funds in order to finance the travelling of individuals, for the purpose referred to in points (b) and (c); organising the travel of individuals for the purpose referred to in points (b) and (c), or otherwise facilitating it for that purpose;
• (ii) soliciting another person to participate in acts or activities by, in conjunction with, under the name of, on behalf of, or in support of ISIL (Da'esh), Al-Qaeda, or any cell, affiliate, splinter group or derivative thereof;

• (e) inciting or publicly provoking acts or activities by, in conjunction with, under the name of, on behalf of, or in support of ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof, including by encouraging or glorifying such acts or activities thereby causing a danger that terrorist acts may be committed;

• (f) being involved or complicit in ordering or committing serious abuses of human rights, including abduction, rape, sexual violence, forced marriage and enslavement of persons, outside the territory of the Union, on behalf or in the name of ISIL (Da'esh), Al-Qaeda or any cell, affiliate, splinter group or derivative thereof,

as listed in the Annex, shall be frozen.

• (a) necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums and public utility charges;

• (b) intended exclusively for payment for reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services in accordance with national laws; or

• (c) intended exclusively for payment for fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds, other financial assets and economic resources.

Those exemptions shall only be made after notification by the Member State concerned to the Committee, where appropriate, of the intention to authorise access to such funds, other financial assets or economic resources and in the absence of a negative decision by the Committee within three working days of such notification.

• (a) the funds or economic resources are subject of an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in paragraph 3 was listed in the Annex, of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to, on 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 natural or legal person, entity or body listed in the Annex; and

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

The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under this paragraph.

• (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 by,

• (f) appropriate other actors as determined by the Committee as regards paragraphs 1 and 2, and by the Council as regards paragraphs 3 and 4.

Article 4

No claims, including claims for compensation or any other claim of this type, such as a claim for set-off or a claim under a guarantee, in connection with any contract or transaction the performance of which was affected, directly or indirectly, wholly or in part, by reason of measures decided upon pursuant to UNSCRs 1267 (1999), 1333 (2000) and 2253 (2015), including measures of the Union or any Member State in accordance with, as required by or in any connection with, the implementation of the relevant decisions of the UNSC or measures covered by this Decision, shall be granted to the designated persons or entities designated by the UN or listed in the Annex or any person or entity claiming through or for the benefit of any such person or entity.

Article 5

Article 6

Article 6a

• (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.

Article 7

Common Position 2002/402/CFSP is repealed and replaced by this Decision.

Article 8

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

ANNEX

List of persons, groups, undertakings and entities referred to in Articles 2 and 3

A. Persons referred to in Articles 2 and 3

• 2.Rabah TAHARI (a.k.a. Abu Musab); date of birth: 28 August 1971; place of birth: Oran (Algeria); Nationality: Algerian.

• 3.Hocine BOUGUETOF; date of birth: 1 July 1959; place of birth: Tebessa (Algeria); nationality: Algerian.

• 4.Brahim el KHAYARI; date of birth: 7 May 1992; place of birth: Nîmes (France); nationality: French.

• 5.Guillaume PIROTTE; date of birth: 7 June 1994; place of birth: Grasse (France); nationality: French.

• 6.Bryan D’ANCONA; date of birth: 26 January 1997; place of birth: Nice (France); nationality: French.

• 7.Mesut SEKERCI; date of birth: 22 July 1995; place of birth: Evreux (France); nationality: French, Turkish.

• 8.Osama MAHMOOD (a.k.a. Ustadh Usama Mahmood, Ousama Mahmood); nationality: Pakistani (presumed).

• 10.Faruq AL-SURI (a.k.a. Samir Hijazi, Samir 'Abd al-Latif Hijazi, Abu Hammam Al-Shami, Abu Humam Al-Shami, Abu Hammam Al-'Askari); date of birth: 1977; place of birth: Damascus, Syria; gender: male; nationality: Syrian (presumed).

• 11.Sami AL-ARIDI (a.k.a. Abu Mohammad Al-Shami, Abu Mahmud Al-Sham, Abu Mahmud Al-Shami, Sami Al-Oride, Sami Al-Oraidi, Sami Al-Oraydi, Sheikh Dr. Sami Al-Uraydi); date of birth: 1973; gender: male; nationality: Jordanian (presumed).

• 12.Sidan Ag HITTA (a.k.a. Asidan Ag Hitta, Abu ’Abd al-Hakim, Abu Abdelhakim al-Kidali, Abu Qarwani, Al Qaïrawani, Abou Abdel Hamid Al Kidali); date of birth: 1976; place of birth: Kidal, Mali; gender: male; nationality: Malian.

• 13.Salem ould BREIHMATT (a.k.a. OULD ABED Cheikh ould Mohamed Salec, Abu Hamza al-Shanqiti, Abu Hamza al-Shinqiti, Hamza al-Mauritani, NITRIK Hamza, Abu Hamza al-Chinguetti); date of birth: 1978 or 1984; place of birth: Mauritania; gender: male; nationality: Mauritanian.

• 14.Jafar DICKO (a.k.a. Jaffar Dicko, Abdoul Salam Dicko, Amadou Boucary, Amadou Boucary Dicko); date of birth: 1980 (presumed); gender: male; nationality: Burkinabe.

• 15.Abu Yasir HASSAN (a.k.a. Sheikh Hassan, Ahmed Mahmoud Hassan, Yaseer Hassan, Abu Qasim); date of birth: 1981 to 1983; place of birth: Pwani Region, Tanzania; gender: male; nationality: Tanzanian.

• 17.Andreas Martin MÜLLER (a.k.a. Ahmed Khaled Müller, Abu Nusaibah, Abu Nusaiba, Abu Nussaiba, Miqdad, Abu Miqdad, Yasser Murat, Mr Akam, Abu Shahid, Nigeri); date of birth: 15 February 1972; place of birth: Cochem, Rhineland-Palatinate, Germany; gender: male; nationality: German; passport number: C73TV06C9; identity card number: 5210375966.

• 18.Mohamed Ibrahim al-Shafi’i AL-SALEM (a.k.a. also known as Aba Al-Sahraoui, Aba al-Sahrawi, Abba al-Saharawi); gender: male.

B. Groups, undertakings and entities referred to in Article 3

• 1. Al-Qaeda in the Indian Subcontinent (AQIS) (a.k.a. Al-Qa’ida in the Indian Subcontinent, Qaedat al-Jihad in the Indian Subcontinent).

• 1. Da’esh – Hind Province (a.k.a. Wilayah of Hind, Islamic State’s Hind Province (ISHP), IS-Wilayat al-Hind, Da’esh – Wilayat al-Hind).

• 1. Hurras AL-DIN (HaD) (a.k.a. Hurras al-Deen, Huras-al-Din, Guardians of Religion, Tanzim Hurras Al-Din, Tandhim Hurras Al-Deen, Sham Al-Ribat, Al-Qaida in Syria, AQ-S).

• 1. Ansarul Islam (a.k.a. Ansar al-Islam, Ansarour Islam, Ansaroul Islam, Defenders of Islam, Ansar-ul-islam lil-ichad wal jihad, IRSAD, Ansar ul Islam of Malam Boureima Dicko).

• 1. ISIS-Mozambique (a.k.a. Islamic State of Iraq and Syria – Mozambique, Islamic State -Mozambique, ISIL-M, Ansar Al-Sunna, Al-Shabaab, Al-Shabaab in Mozambique, Mozambique Wilaya of the Islamic State, Ahlu Sunna wa Jamaah (ASwJ), Ahl al-Sunna wa al-Jamaa, Ahlu al-Sunnah wal-Jamaah, Ahlu Sunnah Wajamo, Swahili Sunna).

• 1. Katiba Macina (a.k.a. Macina Liberation Front, Katiba Macina of Jama’a Nusrat ul-Islam wa al-Muslimin, FLM, MLF, MLM, Massina Liberation Front, Katiba Massina, Massina Brigade, Macina Brigade, Ansar Dine Macina, Harakat Ansar al-Din Macina Brigade, Ansar al-Din South, Macina Battalion, Macina Liberation Movement, La Force de Libération du Macina, ML Movement, Massina Liberation Movement, Ansar al-Din Macina Brigade, Katiba Macina – Ansar Dine, Ansar al-Din Macina).

• 1. Al-Azaim Media Foundation.

• 1. Allied Democratic Forces.

[^E0001]: Council Decision 2010/788/CFSP of 20 December 2010 concerning restrictive measures in view of the situation in the Democratic Republic of the Congo (OJ L 336, 21.12.2010, p. 30, ELI: http://data.europa.eu/eli/dec/2010/788/oj).

[^E0002]: Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).