List of countries subject to an EU embargo on arms exports, to embargoes on arms exports imposed by the UN Security Council and to embargoes imposed by the OSCE - EU monitor

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Tekst

COUNCIL OF Brussels, 30 July 2001

THE EUROPEAN UNION

11310/01

PESC 317 COARM 4

TRANSMISSION NOTE

From : Council Secretariat

To : Delegations

No. prev. doc.: 13184/00 PESC 475 COARM 13

Subject: List of countries subject to an EU embargo on arms exports, to embargoes on arms exports imposed by the UN Security Council and to embargoes imposed by the OSCE

  • 1. 
    Delegations will find attached:
    • an updated version of the list of countries subject to an EU embargo on arms exports, (Annex I);
    • an updated overview of Resolutions adopted by the UN Security Council imposing restrictions (both mandatory and non-mandatory) on the exports of arms and/or military equipment to certain countries (Annex II);
    • extract from OSCE Committee of Senior Officials statement of 1992 (arms embargo on Nagorno-Karabakh) (Annex III).
  • 2. 
    The Annexes to this note will be further updated as required and transmitted to the Associated countries for information.

DG E VIII EN

ANNEX I

COUNTRIES SUBJECT TO AN EU EMBARGO ON ARMS EXPORTS

1. List of countries:

AFGHANISTAN

BOSNIA AND HERZEGOVINA

BURMA

CHINA

DEMOCRATIC REPUBLIC OF CONGO (ex Zaire)

FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA, MONTENEGRO)

IRAQ

LIBERIA

LIBYA

SIERRA LEONE

SUDAN

ANNEXE I DG E VIII EN

2. Details of embargoes

MISCELLANEOUS

Prohibition of exports of arms or other military equipment to countries which are clearly implicated in supporting terrorism.

(Declaration on international terrorism by the Ministers for Foreign Affairs, 27 January 1986) (1) .

AFGHANISTAN (2)

Embargo on the export of arms, munitions and military equipment. (This embargo covers weapons designed to kill and their ammunition, weapon platforms, non-weapon platforms and ancillary equipment as indicated in the EC embargo list of 8 and 9 July 1991. This embargo also covers spare parts, repairs, maintenance and transfer of military technology and contracts entered into prior to the onset of the embargo).

(Decision 96/746/CFSP (J.2 Common Position) adopted by the Council on 17 December 1996, OJ

No. L 342, 31.12.96, p. 1).

Maintenance of embargo on the export of arms, munitions and military equipment to Afghanistan provided for in Common Position 96/746/CFSP of 17 December 1996, and urging of other countries to adopt a similar policy of restraint.

(Decision 2001/56/CFSP (Article 15 Common Position) adopted by the Council on 22 January 2001, OJ No. L 21, 23.1.2001, p. 1).

(1) See page 7, Libya.

(2) See UN Security Council Resolutions 1076 (1996), 1214 (1998) and 1333 (2000), page 10.

ANNEXE I DG E VIII EN

BOSNIA and HERZEGOVINA

Decision to maintain the European Union embargo towards Bosnia and Herzegovina and the Federal Republic of Yugoslavia. This embargo covers arms, munitions and military equipment (weapons designed to kill and their ammunition, weapon platforms, non-weapon platforms and ancillary equipment as well as spare parts, repairs, maintenance and transfer of military technology and contracts entered into prior to the onset of the embargo). Transfers of equipment needed for demining activities are not covered by this embargo.

(Decision 96/184/CFSP (J.2 Common Position) adopted by the Council on 26 February 1996, OJ No. L 58, 7.03.1996, p.1, as last amended by Common Position 2000/722/CFSP, adopted by the Council

on 20 November 2000, OJ No L 292 of 21.11.2000, p.1) (1) .

Decision amending Common Position 96/184/CFSP, in order to exclude from the embargo transfers of small arms to the police forces in Bosnia and Herzegovina.

(Decision 1999/481 i/CFSP (Article 15 Common Position) adopted by the Council on 19 July 1999, OJ L. 188 of 21.7.99, p. 3).

BURMA

Decision to refuse the sale of any military equipment from Community countries to Burma.

(Declaration by the General Affairs Council, 29 July 1991).

Confirmation of the embargo on arms, munitions and military equipment (weapons designed to kill and their ammunition, weapon platforms, non-weapon platforms and ancillary equipment as well as spare parts, repairs, maintenance and transfer of military technology; contracts entered into force prior to the date of entry into force of the embargo are not affected).

(Decision 96/635/CFSP (J.2 Common Position) adopted by the Council on 28 October 1996, OJ No. L 287 of 08.11.96, p. 1).

Extension of Common Position 96/635/CFSP of 28 October 1996 for a further renewable period of six months.

(Decision 97/290 i/CFSP of 29 April 1997, OJ No. L 120 of 12.05.97, p. 4).

(1) This decision also provides that export licence applications to Croatia and the Former Yugoslav

Republic of Macedonia should be considered on a case-by-case basis.

ANNEXE I DG E VIII EN

Extension of Common position 96/635/CFSP of 28 October 1996 until 29 April 1998.

(Decision 97/688 i/CFSP of 20 October 1997, OJ No. L 293 of 27.10.97, p. 1).

Extension of Common position 96/635/CFSP of 28 October 1996 until 29 October 1998.

(Decision 98/303 i/CFSP of 27 April 1998, OJ No. L 138 of 09.05.98, p. 5).

Extension and modification of Common position 96/635/CFSP of 28 October 1996 until 29 April 1999.

(Decision 98/612 i/CFSP of 26 October 1998, OJ No. L 291 of 30.10.98, p. 1).

Extension of Common position 96/635/CFSP of 28 October 1996 until 29 October 1999.

(Decision 1999/289 i/CFSP of 26 April 1999, OJ No. L 114 of 1.5.1999, p. 1).

Extension of Common position 96/635/CFSP of 28 October 1996 until 29 April 2000.

(Decision 1999/670/CFSP of 11 October 1999, OJ No. L 267 of 15.10.1999, p. 1).

Extension of Common position 96/635/CFSP of 28 October 1996 until 29 October 2000, and introduction of additional measure, prohibiting the supply to Burma/Myanmar of equipment which might be used for internal repression of terrorism.

(Decision 2000/346/CFSP of 26 April 2000, OJ No. L 122 of 24.5.2000, p. 1).

Extension of Common position 96/635/CFSP of 28 October 1996 until 29 April 2001.

(Decision 2000/601/CFSP of 9 October 2000, OJ No. L 257 of 1.10.2000, p.1)

Extension of Common position 96/635/CFSP of 28 October 1996 until 29 October 2001.

(Decision 2001/284/CFSP of 9 April 2001, OJ No. L 99 of 10.4.2001, p.1)

CHINA

Embargo on trade in arms with China.

(Declaration by the Madrid European Council, 27 June 1989).

ANNEXE I DG E VIII EN

DEMOCRATIC REPUBLIC OF CONGO (ex Zaire)

Embargo on arms sales.

(Declaration N° 33/93 on Zaire, 7 April 1993).

FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA, MONTENEGRO)

Decision to maintain the European Union embargo towards Bosnia and Herzegovina and the Federal Republic of Yugoslavia. This embargo covers arms, munitions and military equipment (weapons designed to kill and their ammunition, weapon platforms, non-weapon platforms and ancillary equipment as well as spare parts, repairs, maintenance and transfer of military technology and contracts entered into prior to the onset of the embargo). Transfers of equipment needed for demining activities are not covered by this embargo.

(Decision 96/184/CFSP (J.2 Common Position) adopted by the Council on 26 February 1996, OJ No. L 58, 7.03.1996, p.1, as last amended by Common Position 2000/722/CFSP adopted by the Council on

20 November 2000, OJ L 292 of 21.11.2000, p. 1). (1)

Confirmation of the embargo on arms exports to the Federal Republic of Yugoslavia established by

Common Position 96/184/CFSP. Embargo extended to equipment which might be used for internal repression or for terrorism.

(Decision 98/240/CFSP (J.2 Common Position) adopted by the Council on 19 March 1998, OJ No. L

95, 27.03.1998, p.1). (2)

IRAQ (3)

Embargo on sales of arms and other military equipment to Iraq.

(Declaration N° 56/90 of 4 August 1990 on the invasion of Kuwait by Iraq).

(1) This decision also provides that export licence applications to Croatia and the Former Yugoslav

Republic of Macedonia should be considered on a case-by-case basis.

(2) See UN Security Council Resolutions 1160 and 1203 (1998) and 1244 (1999), page 12.

(3) See UN Security Council Resolution 661 (1990), page 13.

ANNEXE I DG E VIII EN

LIBERIA (1)

Prohibition of the supply or sale of arms and related materiel of all types including weapons and ammunition, military vehicles and equipment, and spare parts. This embargo also covers technical training and assistance related to the provision, manufacture, maintenance or use of the aforesaid items; it does not apply to supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as approved in advance by the Liberia

Sanctions Committee, or to protective clothing, including flak jackets and military helmets, temporarily exported to Liberia by United Nations personnel, representative of the media and humanitarian and development workers and associated personnel for their personal use only.

(Decision 2001/357/CFSP (Article 15 Common Position) of 7 May 2001, OJ No. L 126 of 8.5.2001, p. 1).

LIBYA

In conformity with the declaration of 27 January 1986, reaffirmation that no arms or other military equipment will be exported to Libya.

(Declaration on international terrorism and the Mediterranean crisis by the Ministers for Foreign

Affairs of the twelve Member States, 14 April 1986).

Confirmation of measures decided by the Member States of 27 January and 14 April 1986, inter alia , that the embargo on the export of arms or other military equipment will remain in force.

(Decision 1999/261/CFSP (J.2 Common Position) adopted by the Council on 16 April 1999, OJ No. L 103, 20.04.1999, p.1).

SIERRA LEONE (2)

Embargo on the sale or supply of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, in accordance with UNSC Resolution 1171. This embargo shall not apply to the

Government of Sierra Leone or to sales or supplies for the sole use of ECOMOG or the United

Nations.

(Decision 98/409/CFSP (J.2 Common Position) adopted by the Council on 29 June 1998, OJ No L

187, 01.07.98, p.1).

(1) See UN Security Council Resolution 1343 (2001), page 13.

(2) See UN Security Council Resolutions 1171 (1998) and 1299 (2000), page 15.

ANNEXE I DG E VIII EN

SUDAN

Embargo on arms, munitions and military equipment (weapons designed to kill and their ammunition, weapon platforms, non-weapon platforms and ancillary equipment as well as spare parts, repairs, maintenance and transfer of military technology; contracts entered into force prior to the date of entry into force of the embargo are not affected).

(Decision 94/165 i/CFSP (J.2 Common Position) adopted by the Council on 15 March 1994, OJ No. L 75, 17.03.1994, p.1).

____________________________

ANNEXE I DG E VIII EN

ANNEX II

EMBARGOES ON ARMS EXPORTS IMPOSED BY THE UNITED NATIONS SECURITY COUNCIL

1. List of countries:

AFGHANISTAN

ANGOLA

ARMENIA (1)

AZERBAIJAN (1)

FEDERAL REPUBLIC OF YUGOSLAVIA

IRAQ

LIBERIA

RWANDA

SIERRA LEONE

SOMALIA

YEMEN (1)

(1) Non-mandatory

ANNEXE II DG E VIII EN

2. Details of embargoes

AFGHANISTAN

Prohibition to supply arms and ammunition to all parties to the conflict in Afghanistan.

UN Security Council Resolution 1076 (22 October 1996) (1)

Op. Paragraph 4:

"calls upon all States immediately to end the supply of arms and ammunition to all parties to the conflict in Afghanistan.".

Reiteration of call immediately to end the supply of arms and ammunition to all parties to the conflict.

UN Security Council Resolution 1214 (8 December 1998) (1)

Op. Paragraph 10:

"Reiterates its call upon all States to take resolute measures to prohibit their military personnel from planning and participating in military operations in Afghanistan, and immediately to end the supply of arms and ammunition to all parties to the conflict;".

UN Security Council Resolution 1333 (19 December 2000)

Op. Paragraph 5:

"Decides that all States shall:

(a) Prevent the direct or indirect supply, sale and transfer to the territory of Afghanistan under

Taliban control as designated by the Committee established pursuant to resolution 1267 (1999), hereinafter known as the Committee, by their nationals or from their territories, or using their flag vessels or aircraft, or arms and related materiel of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned;

(b) Prevent the direct or indirect sale, supply and transfer to the territory of Afghanistan under

Taliban control, as designated by the Committee, by their nationals or from their territories, of technical advice, assistance, or training related to the military activites of the armed personnel under the control of the Taliban;"

(1) Non-mandatory

ANNEXE II DG E VIII EN

Op. Paragraph 6:

"Decides that measures imposed by paragraph 5 above shall not apply to supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as approved in advance by the Committee, and affirms that the measures imposed by paragraph 5 above do not apply to protective clothing, including flak jackets and military helmets, exported to Afghanistan by United Nations personnel, representatives of the media, and humanitarian workers for their personal use only;"

ANGOLA

Prohibition of all sale or supply to UNITA of arms and related matériel.

Prevention of sale or supply of arms and related matériel to the territory of Angola other than through named points of entry.

UN Security Council Resolution 864 (15 September 1993)

Op. Paragraph 19 :

"decides, with a view to prohibiting all sale or supply to UNITA of arms and related materiel and military assistance, as well as petroleum and petroleum products, that all States shall prevent the sale or supply, by their nationals or from their territories or using their flag vessels or aircraft, of arms and related material of all types, including weapons and ammunition, military vehicles and equipment and spare parts for the afore-mentioned, as well as of petroleum and petroleum products, whether or not originating in their territory, to the territory of Angola other than through named points of entry on a list to be supplied by the Government of Angola to the Secretary-General, who shall promptly notify the Member States of the United Nations.".

ARMENIA (1)

Urging of States to refrain from the supply of any weapons and munitions.

UN Security Council Resolution 853 (29 July 1993)

Op. Paragraph 10:

"Urges States to refrain from the supply of any weapons and munitions which might lead to an intensification of the conflict or the continued occupation of territory;".

(1) Non-mandatory

ANNEXE II DG E VIII EN

AZERBAIJAN (1)

Urging of States to refrain from the supply of any weapons and munitions.

UN Security Council Resolution 853 (29 July 1993)

Op. Paragraph 10:

"Urges States to refrain from the supply of any weapons and munitions which might lead to an intensification of the conflict or the continued occupation of territory;".

FEDERAL REPUBLIC OF YUGOSLAVIA

Prevention of the sale or supply of arms and related materiel.

UN Security Council Resolution 1160 (31 March 1998)

Op. Paragraph 8:

"Decides that all States shall, for the purposes of fostering peace and stability in Kosovo, prevent the sale or supply to the Federal Republic of Yugoslavia, including Kosovo, by their nationals or from their territories or using their flag vessels and aircraft, of arms and related materiel of all types, such as weapons and ammunition, military vehicles and equipment and spare parts for the aforementioned, and shall prevent arming and training for terrorist activities there;".

Removal of prohibitions on equipment for sole use of Verification Missions.

UN Security Council Resolution 1203 (24 October 1998)

Op. Paragraph 15:

"Decides that the prohibitions imposed by paragraph 8 of resolution 1160(1998) shall not apply to relevant equipment for the sole use of the Verification Missions in accordance with the agreements referred to in paragraph 1 above;".

Removal of prohibitions on arms for the use of the international civil and security presences.

UN Security Council Resolution 1244 (10 June 1999)

Op. Paragraph 16:

"Decides that the prohibitions imposed by paragraph 8 of resolution 1160(1998) shall not apply to arms and related matériel for the use of the international civil and security presences;".

(1) Non-mandatory

ANNEXE II DG E VIII EN

IRAQ

Prohibition of all sale or supply of any commodities or products, including weapons or any other military equipment.

UN Security Council Resolution 661 (6 August 1990)

Op. Paragraph 3 :

"decides that all States shall prevent :

...

(c) The sale or supply by their nationals or from their territories or using their flag vessels of any commodities or products, including weapons or any other military equipment, whether or not originating in their territories but not including supplies intended strictly for medical purposes, and, in humanitarian circumstances, foodstuffs, to any person or body in Iraq or Kuwait or to any person or body for the purposes of any business carried on in or operated from Iraq or Kuwait, and any activities by their nationals or in their territories which promote or are calculated to promote such sale or supply of such commodities or products.".

LIBERIA

Prevention of sale or supply of arms and related materuel to Liberia

UN Security Council Resolution 1343 (7 March 2001)

Op. Paragraph B 5:

"(a) Decides that all States shall take the necessary measures to prevent the sale or supply to

Liberia, by their nationals or from their territories or using their flag vessels or aircraft, of arms and related materiel or all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, whether or not originating their territories;

(b) Decides that all States shall take the necessary measures to prevent any provision to Liberia by their nationals or from their territories of technical training or assistance related to the provision, manufacture, maintenance or use of the items in subparagraph (a) above;

(c) Decides that the measures imposed by subparagraphs (a) and (b) above shall not apply to supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training, as approved in advance by the Committee established in paragraph 14 below;

ANNEXE II DG E VIII EN

(d) Affirms that the measures imposed by subparagraph (a) above do not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Liberia by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel, for their personal use only;"

RWANDA

Prohibition of sale or supply of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary police equipment and spare parts.

UN Security Council Resolution 918 (17 May 1994)

Op. Paragraph 13 :

"decides that all States shall prevent the sale or supply to Rwanda by their nationals or from their territories or using their flag vessels or aircraft of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary police equipment and spare parts.".

Op. Paragraph 16:

"decides that the provisions set forth in paragraphs 13 and 15 above do not apply to activities related to UNAMIR and UNOMUR;".

affirmation of restrictions on sales or supply or arms to persons in neighbouring States, if arms are to be used within Rwanda.

UN Security Council Resolution 997 (9 June 1995)

Op. Paragraph 4:

"affirms that the restrictions imposed under Chapter VII of the Charter of the United Nations by resolution 918 (1994) apply to the sale or supply of arms and matériel specified therein to persons in the States neighbouring Rwanda, if that sale or supply is for the purpose of the use of such arms or matériel within Rwanda;".

lifting of restrictions on sale or supply or arms to the Government of Rwanda through named points of entry

UN Security Council Resolution 1011 (16 August 1995)

ANNEXE II DG E VIII EN

Op. Paragraphs B7 and B8 :

"7. decides that, with immediate effect and until 1 September 1996, the restrictions imposed by paragraph 13 of resolution 918 (1994) shall not apply with regard to the sale or supply of arms and related materiel to the Government of Rwanda through named points of entry on a list to be supplied by that Government to the Secretary-General, who shall promptly notify all Member States of the United Nations of the list;

  • 8. 
    decides also that on 1 September 1996 the restrictions imposed by paragraph 13 of Resolution 918 (1994) on the sale or supply of arms and related materiel to the Government of Rwanda shall terminate, unless the Council decides otherwise after its consideration of the second report of the Secretary-General referred to in paragraph 12 below.".

SIERRA LEONE

embargo on the sale or supply of arms and related materiel to non-governmental forces in Sierra

Leone.

UN Security Council Resolution 1171 (5 June 1998)

Op. Paragraphs 2 and 3:

"2. Further decides, with a view to prohibiting the sale and supply of arms and related materiel to non-governmental forces in Sierra Leone, that all States shall prevent the sale or supply, by their nationals or from their territories, or using their flag vessels or aircraft, of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, to Sierra Leone other than to the Government of Sierra Leone through named points of entry on a list to be supplied by that Government to the Secretary-General, who shall promptly notify all Members of the United Nations of the list;

  • 3. 
    Decides also that the restrictions referred to in paragraph 2 above shall not apply to the sale or supply of arms and related matériel for the sole use in Sierra Leone of the Military Observer Group of the Economic Community of West African States (ECOMOG) or the United Nations;".

UN Security Council Resolution 1299 (19 May 2000)

Op. Paragraph 3:

"Decides, acting under Chapter VII of the Charter of the United Nations, that the restrictions set out in paragraph 2 of its resolution 1711 (1998) of 5 June 1998 do not apply to the sale or supply of arms and related matériel for the sole use in Sierra Leone of the Member States cooperating with UNASMIL and the Government of Sierra Leone;"

ANNEXE II DG E VIII EN

SOMALIA

General and complete embargo on all deliveries of weapons and military equipment.

UN Security Council Resolution 733 (23 January 1992)

Op. Paragraph 5 :

"Decides, under Chapter VII of the Charter of the United Nations, that all States shall, for the purposes of establishing peace and stability in Somalia immediately implement a general and complete embargo on all deliveries of weapons and military equipment to Somalia until the Security Council decides otherwise.".

Reiteration of obligation to comply with measures imposed by resolution 733 (1992) and introduction of exceptions in certain circumstances for protective clothing and non-lethal military equipment intended solely for humanitarian or protective use.

UN Security Council Resolution 1356 (19 June 2001)

Op. Paragraphs 1, 3 and 3:

"1. Reiterates to all States their obligation to comply with the measures imposed by resolution 733 (1992), and urges each States to take the necessary steps to ensure full implementation and enforcement of the mars embargo;

  • 2. 
    Decides that the measures imposed by paragraph 5 of resolution 733 (1992) shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel for their personal use only;
  • 3. 
    Decides also that the measures imposed by paragraph 5 of resolution 733 (1992) shall not apply to supplies of non-lethal military equipment intended solely for humanitarian or protective use, as approved in advance by the Committee established pursuant to resolution 751 (1992) (the Committee);"

YEMEN (1)

Urging immediate cessation of the supply of arms

UN Security Council Resolution 924 (1 June 1994)

Op. Paragraph 2:

"Urges an immediate cessation of the supply of arms and other materiel which might contribute to the continuation of the conflict;".

_________________

(1) Non-mandatory

ANNEXE II DG E VIII EN

ANNEX III

OSCE ARMS EMBARGOES

NAGORNO-KARABAKH

Imposition of an immediate embargo on all deliveries of weapons and munitions to forces engaged in combat in the Nagorno-Karabakh area;

Statement by Committee of Senior Officials of the Conference on Security and Co-operation in

Europe, Annex 2 to Journal of the Eighth Meeting of the Committee, 13 March 1992 (confirming decision of CSO of 28 February 1992)

Op. paragraph 9 :

"Reiterates its request that all participating States and all States in the region impose an immediate embargo on all deliveries of weapons and munitions to forces engaged in combat in the Nagorno Karabakh area, and that all participating States inform the Conflict Prevention Centre of steps taken in this respect;".

_____________________

ANNEXE III DG E VIII EN

2.

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