Regulations, 2014

L.N. 170 of 2014

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

Enforcement of European Union Sanctions concerning Certain

Persons, Entities and Bodies in the Republic of Guinea-Bissau

Regulations, 2014

IN exercise of the powers conferred by article 3(2) of the

National Interest (Enabling Powers) Act, the Prime Minister has

made the following regulations:-

The title of these regulations is the Enforcement of

European Union Sanctions concerning Certain Persons, Entities and

Bodies in the Republic of Guinea-Bissau Regulations, 2014.

(Regulation 3)

COUNCIL REGULATION (EU) No 377/2012

of 3 May 2012

concerning restrictive measures directed against certain persons, entities and

bodies threatening the peace, security or stability of the Republic of Guinea-Bissau

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and

in particular Article 215(2) thereof,

Having regard to Council Decision 2012/237/CFSP of 3 May 2012

concerning restrictive measures directed against certain persons, entities and

bodies threatening the peace, security or stability of the Republic of Guinea-

Bissau,

Having regard to the joint proposal of the High Representative of the Union

for Foreign Affairs and Security Policy and of the European Commission,

Whereas

(1) Decision 2012/237/CFSP provides for the adoption of restrictive

measures against certain persons, entities and bodies who seek to prevent or block

a peaceful political process, or who take action that undermines stability in the

Republic of Guinea-Bissau. This concerns in particular those who played a leading

role in the mutiny of 1 April 2010 and the coup d’état of 12 April 2012 and whose

actions continue to be aimed at undermining the rule of law and the primacy of

civilian power. These measures include the freezing of funds and economic

resources of the natural or legal persons, entities and bodies listed in the Annex to

that Decision.

(2) These measures fall within the scope of the Treaty on the Functioning of

the European Union and, therefore, in particular with a view to ensuring their

uniform application by economic operators in all Member States, regulatory action

at the level of the Union is necessary in order to implement them.

(3) This Regulation respects fundamental rights and observes principles

recognised in particular by the Charter of Fundamental Rights of the European

Union and notably the right to an effective remedy, the right to a fair trial and the

right to the protection of personal data. This Regulation should be applied in

accordance with those rights and principles.

(4) The power to amend the list in Annex I to this Regulation should be

exercised by the Council, in view of the specific threat to international peace and

security posed by the situation in Guinea-Bissau and in order to ensure consistency

B

with the procedure for amending and reviewing the Annex to Decision 2012/237/

CFSP.

(5) The procedure for amending the list in Annex I to this Regulation

should include providing designated natural or legal persons, entities or bodies

with the grounds for the listing so as to give them an opportunity to submit

observations. Where observations are submitted, or substantial new evidence is

presented, the Council should review its decision in the light of those observations

and inform the person, entity or body concerned accordingly.

(6) For the implementation of this Regulation, and in order to create

maximum legal certainty within the Union, the names and other relevant data

concerning natural and legal persons, entities and bodies whose funds and

economic resources are to be frozen in accordance with this Regulation should be

made public. Any processing of personal data should respect Regulation (EC) No

45/2001 of the European Parliament and of the Council of 18 December 2000 on

the protection of individuals with regard to the processing of personal data by the

Community institutions and bodies and on the free movement of such data * and

Directive 95/46/EC of the European Parliament and of the Council of 24 October

1995 on the protection of individuals with regard to the processing of personal data

and on the free movement of such data ** .

(7) In order to ensure that the measures provided for in this Regulation are

effective, this Regulation should enter into force immediately,

HAS ADOPTED THIS REGULATION

Article 1

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

(a) ‘funds’ means financial assets and benefits of every kind, including but

not limited to

(i)

cash, cheques, claims on money, drafts, money orders and other

payment instruments;

(ii)

deposits with financial institutions or other entities, balances on

accounts, debts and debt obligations;

(iii)

publicly- and privately-traded securities and debt instruments,

including stocks and shares, certificates representing securities, bonds, notes,

warrants, debentures and derivatives contracts;

(iv)

interest, dividends or other income on or value accruing from or

* OJ L 8, 12.1.2001, p. 1.

** OJ L 281, 23.11.1995, p. 31.

generated by assets;

(v)

credit, right of set-off, guarantees, performance bonds or other

financial commitments;

(vi)

letters of credit, bills of lading, bills of sale;

(vii)

documents evidencing an interest in funds or financial

resources;

(b) ‘freezing of funds’ means preventing any move, transfer, alteration, use

of, access to, or dealing with funds in any way that would result in any change in

their volume, amount, location, ownership, possession, character, destination or

other change that would enable the funds to be used, including portfolio

management;

(c) ‘economic resources’ means assets of every kind, whether tangible or

intangible, movable or immovable, which are not funds but can be used to obtain

funds, goods or services;

(d) ‘freezing of economic resources’ means preventing the use of economic

resources to obtain funds, goods or services in any way, including, but not limited

to, by selling, hiring or mortgaging them;

(e) ‘territory of the Union’ means the territories to which the Treaty is

applicable, under the conditions laid down in the Treaty.

Article 2

1. All funds and economic resources belonging to, owned, held or

controlled by natural or legal persons, entities and bodies who, in accordance with

Article 2(1) of Decision 2012/237/CFSP, have been identified by the Council as

either (i) engaging in or providing support for acts that threaten the peace, security

or stability of the Republic of Guinea-Bissau or (ii) being associated with such

persons, entities or bodies, as listed in Annex I, shall be frozen.

2. No funds or economic resources shall be made available, directly or

indirectly, to or for the benefit of the natural or legal persons, entities or bodies

listed in Annex I.

3. Participation, knowingly and intentionally, in activities the object or

effect of which is, directly or indirectly, to circumvent the measures referred to in

paragraphs 1 and 2 shall be prohibited.

Article 3

1. Annex I shall include the grounds for listing of listed persons, entities

and bodies.

2. Annex I shall also include, where available, information necessary to

identify the natural or legal persons, entities and bodies concerned. With regard to

natural 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 legal persons, entities and

bodies, such information may include names, place and date of registration,

registration number and place of business.

Article 4

1. By way of derogation from Article 2, the competent authorities of the

Member States, as identified on the websites listed in Annex II, 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 funds or economic resources are

(a)

necessary to satisfy the basic needs of the persons listed in

Annex I 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 payment of reasonable professional

fees and reimbursement of incurred expenses associated with the provision of

legal services;

(c)

intended exclusively for payment of fees or service charges for

routine holding or maintenance of frozen funds or economic resources; or

(d)

necessary for extraordinary expenses, provided in this case that

the Member State has notified the grounds on which it considers that a

specific authorisation should be granted to all other Member States and to the

Commission at least two weeks prior to authorisation.

2. The relevant Member State shall inform the other Member States and

the Commission of any authorisation granted under paragraph 1.

Article 5

1. By way of derogation from Article 2, the competent authorities of the

Member States, as identified on the websites listed in Annex II, may authorise the

release of certain frozen funds or economic resources, if the following conditions

are met

(a)

the funds or economic resources in question are the subject of a

judicial, administrative or arbitral lien established prior to the date on which

the natural or legal person, entity or body referred to in Article 2 was

included in Annex I or of a judicial, administrative or arbitral judgment

rendered prior to that date;

(b)

the funds or economic resources in question will be used

exclusively to satisfy claims secured by such a lien or recognised as valid in

such a judgment, within the limits set by applicable laws and regulations

governing the rights of persons having such claims;

(c)

the lien or judgment is not for the benefit of a natural or legal

person, entity or body listed in Annex I; and

(d)

recognising the lien or judgment is not contrary to public policy

in the Member State concerned.

2. The relevant Member State shall inform the other Member States and

the Commission of any authorisation granted under paragraph 1.

Article 6

1. Article 2(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 prior to the date on which the natural or legal

person, entity or body referred to in Article 2 was included in Annex I,

provided that any such interest, other earnings and payments are frozen in

accordance with Article 2(1).

2. Article 2(2) shall not prevent financial or credit institutions in the Union

from crediting frozen accounts where they receive funds transferred to the account

of a listed natural or legal person, entity or body, provided that any additions to

such accounts will also be frozen. The financial or credit institution shall inform

the relevant competent authority about any such transaction without delay.

Article 7

1. The freezing of funds and economic resources or the refusal to make

funds or economic resources available, carried out in good faith on the basis that

such action is in accordance with this Regulation, shall not give rise to liability of

any kind on the part of the natural or legal person, entity or body implementing it,

or its directors or employees, unless it is proved that the funds and economic

resources were frozen or withheld as a result of negligence.

2. The prohibition set out in Article 2(2) shall not give rise to any liability

of any kind on the part of the natural and legal persons, entities and bodies who

made funds or economic resources available if they did not know, and had no

reasonable cause to suspect, that their actions would infringe the prohibition in

question.

B

Article 8

1. Without prejudice to the applicable rules concerning reporting,

confidentiality and professional secrecy, the natural and legal persons, entities and

bodies listed in Annex I shall

(a)

supply immediately any information which would facilitate

compliance with this Regulation, such as accounts and amounts frozen in

accordance with Article 2, to the competent authority of the Member State

where they are resident or located, as identified on the websites listed in

Annex II, and shall transmit such information, either directly or through that

competent authority, to the Commission; and

(b)

cooperate with that competent authority in any verification of

this information.

2. Any information provided or received in accordance with this Article

shall be used only for the purposes for which it was provided or received.

Article 9

The Commission and Member States shall immediately inform each other of

the measures taken under this Regulation and shall supply each other with any

other 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 10

The Commission shall be empowered to amend Annex II on the basis of

information supplied by Member States.

Article 11

1. Where the Council decides to subject a natural or legal person, entity or

body to the measures referred to in Article 2(1), it shall amend Annex I

accordingly.

2. The Council shall communicate its decision, including the grounds for

the listing, to the natural or legal person, entity or body referred to in paragraph 1,

either directly, if the address is known, or through the publication of a notice,

providing such natural or legal person, entity or body with an opportunity to

submit observations.

3. Where observations are submitted, or where substantial new evidence is

presented, the Council shall review its decision and inform the natural or legal

person, entity or body concerned accordingly.

4. The list in Annex I shall be reviewed at regular intervals and at least

every 12 months.

Article 12

1. Member States shall lay down the rules on penalties applicable to

infringements of this Regulation and shall take all measures necessary to ensure

that they are implemented. The penalties provided for must be effective,

proportionate and dissuasive.

2. Member States shall notify the Commission of those rules without delay

after the entry into force of this Regulation and shall notify it of any subsequent

amendment to such rules.

Article 13

Where this Regulation provides for a requirement to notify, inform or

otherwise communicate with the Commission, the address and other contact details

to be used for such communication shall be those indicated in Annex II.

Article 14

This Regulation shall apply

(a)

within the territory of the Union, including its airspace;

(b)

on board any aircraft or any vessel under the jurisdiction of a

Member State;

(c)

to any person inside or outside the territory of the Union who is

a national of a Member State;

(d)

to any legal person, entity or body which is incorporated or

constituted under the law of a Member State;

(e)

to any legal person, entity or body in respect of any business

done in whole or in part within the Union.

Article 15

This Regulation shall enter into force on the day of its publication in the

Official Journal of the European Union.

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

Member States.

Done at Brussels, 3 May 2012.

For the Council

The President

N. WAMMEN

ANNEX I

List of natural and legal persons, entities or bodies referred to

in Articles 2(1) and 2(2)

Persons

Name

Identifying informa-

Grounds for listing

Date of

tion (date and place of

listing

birth (d.o.b. and p.o.b.),

passport/ID card

number, etc.)

1 General

António Nationality

Guinea- António

Injai

has

been 3.5.2012

INJAI

(a.k.a Bissau

personally involved in planning

António INDJAI)

d.o.b.: 20 January 1955 and leading the mutiny of 1

p.o.b.: Encheia, Sector April 2010, culminating with the

de Bissorá, Região de illegal apprehension of the

Oio, Guiné-Bissau

Prime Minister, Carlo Gomes

Parentage: Wasna Injai Junior, and the then Chief of

and Quiritche Cofte

Staff of the Armed Forces, José

Official

function: Zamora Induta.

Lieutenant General -

Chefe de Estado-Maior António Injai has operated in a

Forças way to pressure the Government

Geral

das

for his appointment as Chief of

Armadas

Staff of the Armed Forces.

National ID: Unknown Indjai has been consistently

making

public

statements

(Guinea- Bissau)

Diplomatic threatening the lives of the

Passport

legitimate authorities namely

passport AAID00435

issue: against Prime Minister Carlos

Date

of

Gomes Junior and undermining

In these regulations, unless the context otherwise requires -

"the Act" means the National Interest (Enabling Powers) Act;

"the Council Regulation" means the Council Regulation referred

to in regulation 3, any amendment thereto and any repealing

Regulation;

"Monitoring Board" means the Board established under

regulation 2 of the Sanctions (Monitoring Board) Regulations;

"the Treaty" means the Treaty referred to in article 2 of the

European Union Act.

These regulations apply to European Council Regulation

(EC) No. 377/2012 of 3 May, 2012 concerning restrictive measures

directed against certain persons, entities and bodies threatening the

peace, security or stability of the Republic of Guinea-Bissau, which

text is contained in the Schedule to these regulations.

For the purposes of article 3 of the European Union Act,

the Council Regulation is binding in its entirety on Malta and shall be

part of the domestic law thereof under the conditions laid down in the

Treaty.

(1)

Where any provision of any regulation made under

the Act requires any person or any other entity to carry out the

identification of funds or assets belonging to or in the possession of

persons or entities as may be identified or identifiable under these

regulations, or the freezing or blocking of such funds or assets, such

person or entity shall without delay notify in writing any relevant

information it may have regarding persons, entities, assets or funds

affected by these regulations to the Monitoring Board, or to such

other public authority as may be prescribed by any other law.

(2) The disclosure of any information within the terms and

requirements of this regulation shall not constitute a breach of the

Professional Secrecy Act, where applicable, or of any other Cap. 377.

confidentiality obligation arising from a contract or any other law.

(3) Whosoever fails to abide by the provisions of sub-

regulation (1) shall be guilty of an offence as is referred to in article 4

of the Criminal Code.

(1)

Where an offence against any provision of the Corporate

Council Regulation to which these regulations apply, or against these liability.

regulations, is committed by a body of persons, whether corporate or

unincorporate, every person who, at the time of the commission of the

offence, was a director, manager, secretary or other similar officer of

such body or association, or was purporting to act in any such

capacity, shall be guilty of that offence unless he proves that the

offence was committed without his knowledge and that he exercised

all due diligence to prevent the commission of the offence.

(2) Where the person found guilty of an offence under these

regulations is an officer of a body corporate as is referred to in article

121D of the Criminal Code or is a person having a power of Cap. 9.

representation or having such authority as is referred to in that article

and the offence of which that person was found guilty was committed

for the benefit, in part or in whole, of that body corporate, the said

person shall for the purposes of these regulations be deemed to be

vested with the legal representation of the same body corporate which

shall be liable to the payment of a fine (multa) of not less than five

thousand euro (€5,000) and not more than one hundred and sixteen

thousand four hundred and sixty-eight euro (€116,468).

Any person who commits an offence against any provision Penalty.

of the Council Regulation to which these regulations apply, or against

these regulations shall, on conviction, be liable to imprisonment for a

term from twelve months to five years or to a fine (multa) not

exceeding one hundred and sixteen thousand four hundred and sixty-

eight euro (€116,468), or to both such imprisonment and fine.

B

02.2010

Place of issue: Guinea- rule of law, undercutting civilian

powers, furthering a pervasive

Bissau

expiry: climate of impunity and

Date

of

instability in the country.

18.02.2013

During the 2012 electoral

period, in his capacity as Chief

of Staff of the Armed Forces,

Injai again made statements

threatening to overthrow the

elected authorities and to put an

end to the electoral process.

B

Name

Identifying informa-

Grounds for listing

Date of

tion (date and place of

listing

birth (d.o.b. and p.o.b.),

passport/ID card

number, etc.)

António Injai has been once

again

involved

in

the

operational planning of the coup

d'état of 12 April 2012. In the

aftermath of the coup, the first

communiqué by the "Military

Command" was issued by the

Armed Forces General Staff,

which is led by General Injai.

He did not in any way counter or

distance himself from that

unconstitutional military action.

Major

General Nationality - Guinea- Deputy Chief of Staff of the 3.5.2012

Mamadu

TURE Bissau

Armed Forces. Member of the

(N'KRUMAH)

d.o.b. 26 April 1947

"Military Command" which has

(a.k.a. N’Krumah) Diplomatic Passport no assumed responsibility for the

DA0002186

coup d'état of 12 April 2012.

Date

of

issue

03.2007

Date

of

expiry

26.08.2013

General

Augusto

Army Chief of Staff. Member of 3.5.2012

MÁRIO CÓ

the "Military Command" which

has assumed responsibility for

the coup d'état of 12 April 2012.

General

Estêvão

Navy Chief of Staff. Member of 3.5.2012

NA MENA

the "Military Command" which

has assumed responsibility for

the coup d'état of 12 April 2012.

Brigadier General Nationality - Guinea- Chief of Staff of the Air Force. 3.5.2012

Ibraima CAMARÁ Bissau

Member of the "Military

(a.k.a

“Papa d.o.b. 11 May 1964

Command" which has assumed

Camará”)

Diplomatic Passport no responsibility for the coup d'état

AAID00437

of 12 April 2012.

Date

of

Issue:18.02.2010

Date

of

expiry

18.02.2013

Lieutenant colonel Nationality - Guinea- Spokesperson of the "Military 3.5.2012

Daba NAUALNA Bissau

Command" which has assumed

(a.k.a. Daba Na d.o.b. 6 June 1966

responsibility for the coup d'état

Walna)

Passport

no

SA of 12 April 2012.

0000417

Date

of

issue

29.10.2003

Date

of

expiry

10.03.2013

ANNEX II

Websites for information on the competent authorities in the Member States

referred to in Articles 4(1), 5(1) and 8(1), and address for notifications

to the European Commission

A.

Competent authorities in each Member State

BELGIUM

http://www.diplomatie.be/eusanctions

BULGARIA

http://www.mfa.bg/en/pages/view/5519

CZECH REPUBLIC

http://www.mfcr.cz/mezinarodnisankce

DENMARK

http://um.dk/da/politik-og-diplomati/retsorden/sanktioner/

GERMANY

http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/

Aussenwirtschaftsrecht/embargos.html

ESTONIA

http://www.vm.ee/est/kat_622/

IRELAND

http://www.dfa.ie/home/index.aspx?id=28519

GREECE

http://www1.mfa.gr/en/foreign-policy/global-issues/international-

sanctions.html

SPAIN

http://www.maec.es/es/MenuPpal/Asuntos/Sanciones%20Internacionales/

Paginas/Sanciones_%20Internacionales.aspx

FRANCE

http://www.diplomatie.gouv.fr/autorites-sanctions/

ITALY

http://www.esteri.it/MAE/IT/Politica_Europea/Deroghe.htm

CYPRUS

http://www.mfa.gov.cy/sanctions

LATVIA

http://www.mfa.gov.lv/en/security/4539

LITHUANIA

http://www.urm.lt/sanctions

LUXEMBOURG

http://www.mae.lu/sanctions

HUNGARY

http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/

nemzetkozi_szankciok/

MALTA

http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp

NETHERLANDS

http://www.rijksoverheid.nl/onderwerpen/internationale-vrede-en-veiligheid/

sancties

AUSTRIA

http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=

POLAND

http://www.msz.gov.pl

PORTUGAL

http://www.min-nestrangeiros.pt

ROMANIA

http://www.mae.ro/node/1548

SLOVENIA

http://www.mzz.gov.si/si/zunanja_politika_in_mednarodno_pravo/

zunanja_politika/mednarodna_varnost/omejevalni_ ukrepi/

SLOVAKIA

http://www.foreign.gov.sk

FINLAND

http://formin.finland.fi/kvyhteistyo/pakotteet

SWEDEN

http://www.ud.se/sanktioner

UNITED KINGDOM

www.fco.gov.uk/competentauthorities

B. Address for notifications to, or other communication with, the European

Commission

European Commission

Foreign Policy Instruments Service

Unit FPIS.2

CHAR 12/106

B-1049 Bruxelles/Brussel

Belġju

E-Mail relex-sanctions@ec.europa.eu

Tel. (32 2) 295 55 85

Fax. (32 2) 299 08 73

€1.35