ENFORCEMENT OF EUROPEAN UNION SANCTIONS (EGYPT) REGULATIONS (egypt)

SUBSIDIARY LEGISLATION 365.38

ENFORCEMENT OF EUROPEAN UNION

SANCTIONS (EGYPT) REGULATIONS

23rd August, 2011

LEGAL NOTICE 333 of 2011, as amended by Legal Notice 360 of 2015.

Repealed by Act XX.2020.5.

SCHEDULE

Regulation 3

COUNCIL REGULATION (EU) No 270/2011 of 21 March 2011

concerning restrictive measures directed against certain persons,

entities and bodies in view of the situation in Egypt

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 2011/172/CFSP of 21 March 2011 concerning

restrictive measures directed against certain persons, entities and bodies in view of

the situation in Egypt,

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

Foreign Affairs and Security Policy and the European Commission,

Whereas

(1

Decision 2011/172/CFSP provides for the freezing of funds and economic

resources of certain persons hav ing b een identified as responsible for the

misappropriation of Egyptian State funds, and natural or legal persons, entities or

bodies associated with them, who are thus depriving the Egyptian people of the

benefits of the sustainable development of their economy and society and

undermining the development of democracy in the country. These natural or legal

persons, entities and bodies are listed in the Annex to Decision 2011/172/CFSP.

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

European Union and, therefore, notably 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 the fundamental rights and observes the principles

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

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

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

with those rights.

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

exercised by the Council, in view of the seriousness of the political and security

situation in Egypt and to ensure consistency with the process for amending and

reviewing the Annex to Decision 2011/172/CFSP.

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

include providing natural or legal persons, entities or bodies concerned with the

grounds for their 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 on Annex I in 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

must be frozen in accordance with this Regulation, must be made public. Any

processing of personal data should comply with 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/

ENFORCEMENT OF EUROPEAN UNION

SANCTIONS (EGYPT)

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, it 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

generated by assets;

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

financial commitments;

(vi) letters of credit, bills of lading and 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 may be used

to obtain funds, goods or services;

(d) ‘freezing of economic resources’ means preventing their use 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 of the Member States to

which the Treaty is applicable, under the conditions laid down in the

Treaty, including their airspace.

Article 2

All funds and economic resources belonging to, or owned, held or controlled

by, persons who, as referred to in Article 1(1) of Decision 2011/172/CFSP, have been

identified as being responsible for the misappropriation of Egyptian State funds, and

natural or legal persons, entities and bodies associated with them, as listed in Annex

I, shall be frozen.

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.

The 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 natural or legal

persons, entities and bodies concerned.

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 indicated 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 o r economic re source s, un der such co nd it io ns as th ey deem

appropriate, after having determined that the funds or economic resources are

(a) necessary to satisfy the basic needs of natural 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 the payment of reasonable professional fees or

the reimbursement of incurred expenses associated with the provision of

legal services;

(c) intended exclusively for the payment of fees or service charges for

routine holding or maintenance of frozen funds or economic resources;

or

(d) necessary for extraordinary expenses, provided that the Member State

concerned has notified all other Member States and the Commission of

the grounds on which it considers that a specific authorisation should be

granted, at least 2 weeks prior to the authorisation.

2. The Member State concerned 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 in the

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

release of certain frozen funds or economic resources, provided that 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 listed

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 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 Member State concerned 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 before the date on which the natural or legal person,

entity or body referred to in Article 2 has been listed in Annex I,

provided that any such interest, other earnings and payments will also be 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

By way of derogation from Article 2 and provided that a payment by a natural or

legal person, entity or body listed in Annex I is due under a contract or agreement

that was concluded by, or an obligation that arose for, the person, entity or body

concerned, before the date on which that person, entity or body was listed in Annex

I, the competent authorities of the Member States, as indicated on the websites listed

in Annex II, may authorise, under such conditions as they deem appropriate, the

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

met

(a) the competent authority concerned has determined that

(i)

the funds or economic resources shall be used for a payment by a

person, entity or body listed in Annex I; and

(ii) the payment is not in breach of Article 2(2);

(b) the Member State concerned has, at least 2 weeks prior to the grant of

the authorisation, notified the other Member States and the Commission

of that determination and its intention to grant an authorisation.

Article 8

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 or 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.

Article 9

1. Without prejudice to the applicable rules concerning reporting,

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

bodies shall

(a) supply immediately any information which would facilitate compliance

with this Regulation, such as accounts and amounts frozen in

accordance with Article 2(1), to the competent authority in the Member

State where they are resident or located, as indicated on the websites

listed in Annex II, and shall transmit such information, either directly or

through the Member States, 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 10

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 11

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

information supplied by Member States.

Article 12

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 the decision referred to in paragraph 1,

including the grounds for listing, to the natural or legal 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.

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

presented, the Council shall review the decision referred to in paragraph 1 and

inform the person, entity or body concerned accordingly.

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

12 months as from 21 March 2011.

Article 13

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

infringements of the provisions of this Regulation and shall take all measures

necessary to ensure that they are implemented. The penalties provided for shall 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 them.

Article 14

ENFORCEMENT OF EUROPEAN UNION

SANCTIONS (EGYPT)

Where there is, in this Regulation, 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 15

This Regulation shall apply

(a) within the territory of the Union;

(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 16

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, 21 March 2011.

For the Council

The President

C. ASHTON

ANNEX I

List of natural and legal persons, entities and bodies referred to in Article 2(1)

Name (and any aliases)

Identifying information Grounds for designation

1. Mohamed Hosni Elsayed Former President of the P e r s o n s u b j e c t t o j u d i c i a l

Arab Republic of Egypt p r o c e e d i n g s b y t h e E g y p t i a n

Mubarak

Date of birth 04.05.1928 a u t h o r i t i e s i n r e s p e c t o f t h e

misappropriation of State Funds

Male

on the basis of the United

Nations Convention against

corruption

Spouse of Mr. Mohamed P e r s o n s u b j e c t t o j u d i c i a l

2. Suzanne Saleh Thabet

Hosni Elsayed Mubarak, p r o c e e d i n g s b y t h e E g y p t i a n

former President of the

Arab Republic of Egypt a u t h o r i t i e s i n r e s p e c t o f t h e

misappropriation of State Funds

Date of birth: 28.02.1941

on the basis of the United

Female

Nations Convention against

corruption

Name (and any aliases)

Identifying information

Grounds for designation

3. A l a a M o h a m e d H o s n i S o n o f M r. M o h a m e d P e r s o n s u b j e c t t o j u d i c i a l

Hosni Elsayed Mubarak, p r o c e e d i n g s b y t h e E g y p t i a n

Elsayed Mubarak

former President of the

Arab Republic of Egypt a u t h o r i t i e s i n r e s p e c t o f t h e

misappropriation of State Funds

Date of birth: 26.11.1960

on the basis of the United

Male

Nations Convention against

corruption

4. Heidy Mahmoud Magdy S p o u s e o f M r . A l a a P e r s o n s u b j e c t t o j u d i c i a l

Mohamed Hosni Elsayed p r o c e e d i n g s b y t h e E g y p t i a n

Hussein Rasekh

Mubarak, son of former

President of the Arab authorities in respect of the

misappropriation of State Funds

Republic of Egypt

Date of birth: 05.10.1971 o n t h e b a s i s o f t h e U n i t e d

Nations Convention against

Female

corruption

G a m a l M o h a m e d H o s n i S o n o f M r. M o h a m e d P e r s o n s u b j e c t t o j u d i c i a l

Hosni Elsayed Mubarak, p r o c e e d i n g s b y t h e E g y p t i a n

Elsayed Mubarak

former President of the

Arab Republic of Egypt a u t h o r i t i e s i n r e s p e c t o f t h e

misappropriation of State Funds

Date of birth: 28.12.1963

on the basis of the United

Male

Nations Convention against

corruption

K h a d i g a M a h m o u d E l S p o u s e o f M r. G a m a l P e r s o n s u b j e c t t o j u d i c i a l

Mohamed Hosni Elsayed p r o c e e d i n g s b y t h e E g y p t i a n

Gammal

Mubarak, son of former

President of the Arab authorities in respect of the

misappropriation of State Funds

Republic of Egypt

Date of birth: 13.10.1982 o n t h e b a s i s o f t h e U n i t e d

Nations Convention against

Female

corruption

Former Member of the P e r s o n s u b j e c t t o j u d i c i a l

Ahmed Abdelaziz Ezz

Parliament

proceedings by the Egyptian

Date of birth: 12.01.1959 a u t h o r i t i e s i n r e s p e c t o f t h e

misappropriation of State Funds

Male

on the basis of the United

Nations Convention against

corruption

Abla Mohamed Fawzi Ali S p o u s e o f M r. A h m e d P e r s o n s u b j e c t t o j u d i c i a l

Abdelaziz Ezz

Ahmed

proceedings by the Egyptian

Date of birth: 31.01.1963 a u t h o r i t i e s i n r e s p e c t o f t h e

misappropriation of State Funds

Female

on the basis of the United

Nations Convention against

corruption

Khadiga Ahmed Ahmed S p o u s e o f M r A h m e d P e r s o n s u b j e c t t o j u d i c i a l

Abdelaziz Ezz

Kamel Yassin

proceedings by the Egyptian

Date of birth: 25.05.1959 a u t h o r i t i e s i n r e s p e c t o f t h e

misappropriation of State Funds

Female

on the basis of the United

Nations Convention against

corruption

Name (and any aliases)

Identifying information

Grounds for designation

S h a h i n a z A b d e l A z i z S p o u s e o f M r. A h m e d P e r s o n s u b j e c t t o j u d i c i a l

Abdelaziz Ezz

Abdel Wahab Al Naggar

proceedings by the Egyptian

Date of birth: 09.10.1969 a u t h o r i t i e s i n r e s p e c t o f t h e

misappropriation of State Funds

Female

on the basis of the United

Nations Convention against

corruption

A h m e d A l a e l d i n A m i n F o r m e r M i n i s t e r o f P e r s o n s u b j e c t t o j u d i c i a l

Housing, Public Utilities p r o c e e d i n g s b y t h e E g y p t i a n

Abdelmaksoud

and Urban Development

Elmaghraby

authorities in respect of the

Date of birth: 16.05.1945 misappropriation of State Funds

Male

on the basis of the United

Nations Convention against

corruption

N a g l a a A b d a l l a h E l S p o u s e o f M r. A h m e d P e r s o n s u b j e c t t o j u d i c i a l

Alaeldin

A m i n proceedings by the Egyptian

Gazaerly

Abdelmaksoud

E l m a g h r a b y D a t e o f authorities in respect of the

birth: 03.06.1956 Female misappropriation of State Funds

on the basis of the United

Nations Convention against

corruption

Rachid Mohamed Rachid Former Minister of Trade P e r s o n s u b j e c t t o j u d i c i a l

and Industry

Hussein

proceedings by the Egyptian

Date of birth: 09.02.1955 a u t h o r i t i e s i n r e s p e c t o f t h e

misappropriation of State Funds

Male

on the basis of the United

Nations Convention against

corruption

H a n i a M a h m o u d A b d e l S p o u s e o f M r. R a c h i d P e r s o n s u b j e c t t o j u d i c i a l

Mohamed

R a c h i d proceedings by the Egyptian

Rahman Fahmy

Hussein

authorities in respect of the

Date of birth: 05.07.1959 misappropriation of State Funds

Female

on the basis of the United

Nations Convention against

corruption

Mohamed Zohir Mohamed F o r m e r M i n i s t e r o f P e r s o n s u b j e c t t o j u d i c i a l

Tourism

Wahed Garrana

proceedings by the Egyptian

Date of birth: 20.02.1959 a u t h o r i t i e s i n r e s p e c t o f t h e

misappropriation of State Funds

Male

on the basis of the United

Nations Convention against

corruption

J a y l a n e S h a w k a t H o s n i Spouse of Mr. Mohamed P e r s o n s u b j e c t t o j u d i c i a l

Zohir Mohamed Wahed p r o c e e d i n g s b y t h e E g y p t i a n

Galal Eldin

Garrana

authorities in respect of the

Date of birth: 08.01.1960 misappropriation of State Funds

Female

on the basis of the United

Nations Convention against

corruption

Name (and any aliases)

Identifying information

Grounds for designation

A m i r M o h a m e d Z o h i r S o n o f M r. M o h a m e d P e r s o n s u b j e c t t o j u d i c i a l

Mohamed Wahed Garrana Zohir Mohamed Wahed p r o c e e d i n g s b y t h e E g y p t i a n

Garrana

authorities in respect of the

Date of birth: 21.09.1990 misappropriation of State Funds

Male

on the basis of the United

Nations Convention against

corruption

H a b i b I b r a h i m H a b i b F o r m e r M i n i s t e r o f P e r s o n s u b j e c t t o j u d i c i a l

Interior

Eladli

proceedings by the Egyptian

Date of birth: 01.03.1938 a u t h o r i t i e s i n r e s p e c t o f t h e

misappropriation of State Funds

Male

on the basis of the United

Nations Convention against

corruption

E l h a m S a y e d S a l e m S p o u s e o f M r. H a b i b P e r s o n s u b j e c t t o j u d i c i a l

Ibrahim Eladli

Sharshar

proceedings by the Egyptian

Date of birth: 23.01.1963 a u t h o r i t i e s i n r e s p e c t o f t h e

misappropriation of State Funds

Female

on the basis of the United

Nations Convention against

corruption

ANNEX II

List of competent authorities in the Member States referred to in Articles 4(1) and

5(1), Article 7 and Article 9(1)(a) and address for notifications to the Commission

A.

Competent authorities in each Member State

BELGIUM http://www.diplomatie.be/eusanctions

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

CZECH REPUBLIC http://www.mfcr.cz/mezinarodnisankce

D E N M A R K h t t p : / / w w w. u m . d k / d a / m e n u / U d e n r i g s p o l i t i k / F r e d S i k k e r h e d

OgInternationalRetsorden/Sanktioner/

G E R M A N Y h t t p : / / w w w. b m w i . d e / B M Wi / N a v i g a t i o n / A u s s e n w i r t s c h a f t /

Aussenwirtschaftsrecht/embargos.html ESTONIA http://www.vm.ee/est/kat_622/

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

GREECE http://www.mfa.gr/www.mfa.gr/en-US/Policy/Multilateral+Diplomacy/

Global+Issues/International+Sanctions/

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

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.minbuza.nl/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/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 http://www.fco.gov.uk/competentauthorities

B.

Address for notifications to or other communication with the Commission

European Commission Foreign Policy Instruments Service

CHAR 12/106 1049 Bruxelles/Brussel

BELGIQUE/BELGIË

E-mail: relex-sanctions@ec.europa.eu

Tel. +32 22955585

Fax +32 22990873EN