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Iii Acts Adopted Under Title V of the Eu Treaty 24.11.2007EN Official Journal of the European Union L 308/1 III (Acts adopted under the EU Treaty) ACTS ADOPTED UNDER TITLE V OF THE EU TREATY COUNCIL COMMON POSITION 2007/750/CFSP of 19 November 2007 amending Common Position 2006/318/CFSP renewing restrictive measures against Burma/Myanmar THE COUNCIL OF THE EUROPEAN UNION, prises that are owned or controlled by the regime or by persons or entities associated with the regime. Having regard to the Treaty on European Union, and in particular Article 15 thereof, (4) The Council also considers it necessary to introduce ad- ditional restrictive measures against Burma/Myanmar by targeting the sources of revenue of the regime, including Whereas: in sectors where human rights abuses are common. To that end, it is appropriate to prohibit the export from the Community to Burma/Myanmar of relevant equipment and technology destined for enterprises engaged in the (1) On 27 April 2006, the Council adopted Common industries of logging, timber, and mining of metals and Position 2006/318/CFSP renewing restrictive measures minerals, precious or semi-precious stones as well as against Burma/Myanmar (1). These measures confirmed related technical and financial assistance. It is also appro- and updated previous measures, the first of which were priate to prohibit the import into the Community of adopted in 1996 (2). round logs, timber and timber products, metals and minerals, as well as precious and semi-precious stones. New investments in enterprises in Burma/Myanmar that (2) On 15 October 2007, the Council strongly condemned are engaged in these industries should also be prohibited. the brutal repression perpetrated by Burmese authorities against peaceful protestors and the continuing serious violations of human rights in Burma/Myanmar. The Council welcomed the UN Security Council Presidential (5) Action by the Community is needed to implement statement of 11 October 2007 and the adoption by the certain measures, UN Human Rights Council on 2 October 2007 of a Resolution strongly deploring the continued violent repression in Burma/Myanmar and urging its government to ensure full respect for human rights and fundamental HAS ADOPTED THIS COMMON POSITION: freedoms. Article 1 (3) In view of the seriousness of the current situation in Common Position 2006/318/CFSP shall be amended as follows: Burma/Myanmar, the Council considers it necessary to increase pressure on the regime by adopting a series of measures targeting those responsible for the violent repression and the political stalemate in the country. 1. the following Articles shall be inserted: To that end, the Council considers it appropriate to reinforce existing measures in respect of Burma/Myanmar by extending and updating the list of persons subject to a travel ban and the freezing of their assets and funds. The ‘Article 2a scope of the investment ban on Burmese State-owned enterprises should also be extended by including enter- 1. The sale, supply, transfer or export of relevant equipment and technology destined for enterprises in Burma/Myanmar that are engaged in the following industries, 1 ( ) OJ L 116, 29.4.2006, p. 77. Common Position as amended by by nationals of Member States, or from the territories of Common Position 2007/248/CSFP (OJ L 107, 25.4.2007, p. 8). (2) Common Position 96/635/CFSP (OJ L 287, 8.11.1996, p. 1). Member States, or using vessels or aircraft under the juris- Common Position as last amended by Common Position diction of Member States shall be prohibited whether or not 2002/831/CFSP (OJ L 285, 23.10.2002, p. 7). originating in their territories: L 308/2EN Official Journal of the European Union 24.11.2007 (a) logging and timber processing; (c) the creation of any joint venture with the enterprises in Burma/Myanmar, as listed in Annex I, that are engaged in the industries referred to in Article 2a(1) and with any (b) mining of gold, tin, iron, copper, tungsten, silver, coal, subsidiary or affiliate under their control. lead, manganese, nickel and zinc; Article 2d (c) mining and processing of precious and semi-precious stones, including diamonds, rubies, sapphires, jade and 1. The prohibition in Articles 2a(1) and 2b shall be emeralds. without prejudice to the execution of an obligation arising from contracts relating to goods which were in the course of shipment before 19 November 2007. 2. It shall be prohibited to: 2. The prohibitions in Article 2a shall be without (a) provide technical assistance or training related to relevant prejudice to the execution of an obligation arising from equipment and technology destined for enterprises in contracts concluded before 19 November 2007 and Burma/Myanmar that are engaged in the industries relating to investments made in Burma/Myanmar before referred to in paragraph 1; the same date by enterprises established in Member States. (b) provide financing or financial assistance for any sale, supply, transfer or export of relevant equipment and 3. The prohibitions in Article 2c(a) and (b) respectively: technology destined for the enterprises in Burma/ Myanmar listed in Annex I, that are engaged in the industries referred to in paragraph 1, or for the (i) shall be without prejudice to the execution of an obli- provision of related technical assistance or training. gation arising from contracts or agreements concluded before the date of listing of the enterprise concerned, as indicated in Annex I; Article 2b The purchase, import or transport from Burma/Myanmar into the Community, of the following products shall be (ii) shall not prevent the extension of a participation in the prohibited: enterprises listed in Annex I, if such extension is provided for under an agreement concluded with the enterprise concerned before the date of its listing as (a) round logs, timber and timber products; indicated in Annex I. (b) gold, tin, iron, copper, tungsten, silver, coal, lead, manganese, nickel and zinc; Article 2e The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to (c) precious and semi-precious stones, including diamonds, circumvent the provisions of Articles 2a, 2b and 2c shall rubies, sapphires, jade and emeralds. be prohibited.’; Article 2c 2. Article 4(1) shall be replaced by the following: The following shall be prohibited: ‘1. Member States shall take the necessary measures to (a) the granting of any financial loan or credit to the enter- prevent the entry into, or transit through, their territories of: prises in Burma/Myanmar, as listed in Annex I, that are engaged in the industries referred to in Article 2a(1); (a) senior members of the State Peace and Development (b) the acquisition or extension of a participation in the Council (SPDC), Burmese authorities in the tourism enterprises in Burma/Myanmar, as listed in Annex I, sector, senior members of the military, the Government that are engaged in the industries referred to in Article or the security forces who formulate, implement or 2a(1), including the acquisition in full of such enterprises benefit from policies that impede Burma/Myanmar's tran- and the acquisition of shares and securities of a partici- sition to democracy, and members of their families, pating nature; being the natural persons listed in Annex II; 24.11.2007EN Official Journal of the European Union L 308/3 (b) senior serving members of the Burmese military and 4. Paragraph 2 shall not apply to the addition to frozen members of their families, being the natural persons accounts of: listed in Annex II.’; (a) interest or other earnings on those accounts; or 3. Article 4(8) shall be replaced by the following: (b) payments due under contracts, agreements or obligations ‘8. In cases where pursuant to paragraphs 3, 4, 6 and 7, a that were concluded or arose before the date on which Member State authorises the entry into, or transit through, those accounts became subject to restrictive measures, its territory of persons listed in Annex II, the authorisation shall be limited to the purpose for which it is given and to ’ the persons concerned thereby. ; provided that any such interest, other earnings and payments continue to be subject to paragraph 1. 4. Article 5 shall be replaced by the following: 5. The following shall be prohibited: ‘Article 5 1. All funds and economic resources belonging to, (a) the granting of any financial loan or credit to enterprises owned, held or controlled by the individual members of that are owned or controlled by the regime or by the Government of Burma/Myanmar and belonging to, persons or entities associated with the regime, as listed owned, held or controlled by the natural or legal persons, in Annex III, or the acquisition of bonds, certificates of entities or bodies associated with them as listed in Annex II deposit, warrants or debentures, issued by these enter- shall be frozen. prises; 2. No funds or economic resources shall be made (b) the acquisition or extension of a participation in enter- available directly or indirectly to or for the benefit of prises that are owned or controlled by the regime or by natural or legal persons, entities or bodies listed in Annex II. persons or entities associated with the regime, as listed in Annex III, including the acquisition in full of such enter- prises and the acquisition of shares and securities of a participating nature. 3. The competent authority 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 (c) the creation of any joint venture with the enterprises as that the funds or economic resources concerned are: listed in Annex III, and with any subsidiary or affiliate under their control.
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