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Cssf Circular 03/110

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Cssf Circular 03/110 In case of discrepancies between the French and the English texts, the French text shall prevail Luxembourg, 29 August 2003 To all the persons and entities supervised by the CSSF CSSF CIRCULAR 03/110 Re: 1. Restrictive measures concerning certain Iraqi assets 2. Identification and declaration of business relationships with terrorist circles Dear Sir, Madam, 1. We are pleased to enclose Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96. We draw your attention, in particular, to Article 4 of this Regulation, which provides for the freezing of funds and economic resources of persons and entities as designated by the Sanctions Committee of the Security Council of the United Nations. The list of persons and entities to which these measures apply is published at Annexes III and IV of the Regulation respectively. Articles 5 and 6 contain provisions allowing, in certain specific cases, to unfreeze these funds and economic resources. On the basis of Article 8 of the Regulation, we invite the professionals of the financial sector to immediately report any relevant information relating to the enclosed Regulation to the CSSF, who will forward the information to the Ministry of Foreign Affairs, Division of International Economic Relations, as well as to the Ministry of Finance. As the CSSF, through the circular letter dated 28 May 2003, had already requested the professionals of the financial sector to provide the information concerned, we invite you to only submit information regarding the changes that have occurred since that date. We also draw your attention to the fact that the information provided following the circular letter of 28 May 2003 have not been forwarded to the relevant ministries on the basis of Regulation (EC) No. 1210/2003. This Regulation came into effect on the day following that of its publication in the Official Journal of the European Union (8 July 2003). 2. We also draw your attention to the corrigendum to Commission Regulation (EC) No. 1184/2003 of 2 July 2003 amending for the twentieth time Council Regulation (EC) No. 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001. This corrigendum, published in the Official Journal of the European Union of 28 August 2003, is annexed to this Circular1. Yours faithfully, COMMISSION DE SURVEILLANCE DU SECTEUR FINANCIER Charles KIEFFER Arthur PHILIPPE Jean-Nicolas SCHAUS Director Director Director General 1 As this Corrigendum does not concern the English version of Commission Regulation (EC) No. 1184/2003 of 2 July 2003, the French version of the Corrigendum has been enclosed. L 169/6EN Official Journal of the European Union 8.7.2003 COUNCIL REGULATION (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 THE COUNCIL OF THE EUROPEAN UNION, (6) The Resolution stipulates that all petroleum, petroleum products and natural gas exported by Iraq, as well as the Having regard to the Treaty establishing the European Com- payments for such goods, should be exempt from legal munity, and in particular Articles 60 and 301 thereof, proceedings, attachment, garnishment and execution by those having claims against Iraq. This temporary measure is necessary in order to promote the economic Having regard to Common Position 2003/495/CFSP on Iraq reconstruction of Iraq and the restructuring of its debt, and repealing Common Positions 1996/741/CFSP and 2002/ which will help remove the threat to international peace 599/CFSP (1), and security constituted by the current situation in Iraq in the common interest of the international community and in particular the Community and its Member States. Having regard to the proposal from the Commission, Whereas: (7) Common Position 2003/495/CFSP makes provision for an amendment of the current Community regime in (1) Further to United Nations Security Council Resolution order to align it with UNSC Resolution 1483 (2003). 661 (1990) and subsequent relevant Resolutions, in particular Resolution 986 (1995), the Council imposed a comprehensive embargo on trade with Iraq. This embargo is at present laid down in Council Regulation (8) These measures fall under the scope of the Treaty and, (EC) No 2465/96 of 17 December 1996 concerning the therefore, in particular with a view to avoiding distortion interruption of economic and financial relations between of competition, Community legislation is necessary to the European Community and Iraq (2). implement the relevant decisions of the Security Council as far as the territory of the Community is concerned. For the purposes of this Regulation, the territory of the (2) In its Resolution 1483 (2003) of 22 May 2003, the Community is deemed to encompass the territories of Security Council decided that, with certain exceptions, the Member States to which the Treaty is applicable, all prohibitions related to trade with Iraq and the provi- under the conditions laid down in that Treaty. sion of financial or economic resources to Iraq should no longer apply. (9) In order to create maximum legal certainty within the (3) With the exception of a ban on exports of arms and Community, the names and other relevant data relating related materiel to Iraq, the Resolution provides that the to natural or legal persons, groups or entities identified comprehensive restrictions concerning trade should be by the UN authorities whose funds and economic repealed and replaced with specific restrictions applying resources are to be frozen, should be published and a to proceeds from all export sales of petroleum, petro- procedure established within the Community to amend leum products, and natural gas from Iraq, and to trade these lists. in goods belonging to Iraq's cultural heritage with the objective of facilitating the safe return of those goods. (4) The Resolution also states that certain funds and (10) For reasons of expediency, the Commission should be economic resources, in particular those belonging to empowered to amend the Annexes to this Regulation former Iraqi President Saddam Hussein and senior offi- setting out the list of cultural goods, the lists of persons, cials of his regime, should be frozen, subject to designa- bodies and entities, whose funds and economic resources tion by the Committee of the Security Council estab- are to be frozen, and the list of competent authorities. lished pursuant to paragraph 6 of Resolution 661 (1990), and that such funds should subsequently be transferred to the Development Fund for Iraq. (11) The competent authorities of the Member States should, where necessary, be empowered to ensure compliance (5) In order to allow the Member States to effect the transfer with the provisions of this Regulation. of frozen funds, economic resources and proceeds of economic resources to the Development Fund for Iraq, provision should be made for such funds and economic resources to be unfrozen. (12) The Commission and Member States should inform each other of the measures taken under this Regulation and of other relevant information at their disposal in connec- (1) See page 72 of this Official Journal. (2) OJ L 337, 27.12.1996, p. 1. Regulation as last amended by tion with this Regulation, and should cooperate with the Commission Regulation (EC) No 208/2003 (OJ L 28, 4.2.2003, p. Committee established by UNSC Resolution 661 (1990), 26). in particular by supplying it with information. 8.7.2003 EN Official Journal of the European Union L 169/7 (13) Member States should lay down rules on sanctions tion, ownership, possession, character, destination or other applicable to infringements of the provisions of this change that would enable the use of the funds, including Regulation and ensure that they are implemented. Those portfolio management; sanctions should be effective, proportionate and dissua- sive. 5. ‘freezing of economic resources’ means preventing their use to obtain funds, goods or services in any way, including, but (14) Since the comprehensive trade measures of Regulation not limited to, by selling, hiring or mortgaging them; (EC) No 2465/96 are being replaced by the specific trade 6. ‘Development Fund for Iraq’ means the Development Fund restrictions of this Regulation, and this Regulation for Iraq held by the Central Bank of Iraq. imposes freezing measures which require immediate application by economic operators, it is necessary to ensure that sanctions for breaches of this Regulation can be imposed as soon as it enters into force. Article 2 (15) For the sake of clarity, Regulation (EC) No 2465/96 All proceeds from all export sales of petroleum, petroleum should be repealed in its entirety. products, and natural gas from Iraq, as listed in Annex I, as of 22 May 2003 shall be deposited into the Development Fund (16) Council Regulation (EEC) No 3541/92 of 7 December for Iraq under the conditions set out in UNSC Resolution 1483 1992 prohibiting the satisfying of Iraqi claims with (2003) and in particular paragraphs 20 and 21 thereof, until regard to contracts and transactions, the performance of such time as an internationally recognized, representative which was affected by United Nations Security Council government of Iraq is properly constituted. Resolution 661 (1990) and related resolutions (1)
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