Council Common Position 2006/362/CFSP of 18 May 2006 amending Common Position 2006/276/CFSP concerning restrictive measures against certain officials of Belarus

1 All funds and economic resources belonging to, owned, held or controlled by persons who are responsible for the violations of international electoral standards in the Presidential elections in Belarus on 19 March 2006 and the crackdown on civil society and democratic opposition, and those natural or legal persons, entities or bodies associated with them, as listed in Annex IV shall be frozen.

2 No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of such persons listed in Annex IV.

1 The competent authority of a Member State 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 that the funds or economic resources concerned are: (a) Necessary to satisfy the basic needs of persons listed in Annex IV 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 that the competent authority has notified the grounds on which it considers that a specific authorisation should be granted, to the other competent authorities and the Commission at least two weeks prior to the authorisation. The competent authority shall inform the competent authorities of the other Member States and the Commission of any authorisation granted under this article.

2 Article 1a(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 those accounts became subject to the provisions of this Common Position and provided that any such interest, other earnings and payments continue to be subject to Article 1a(1).’

The Council, acting upon a proposal by a Member State or the Commission, shall adopt modifications to the lists contained in Annexes I, II, III and IV as required by political developments in Belarus.’

The Annexes to Common Position 2006/276/CFSP shall be replaced by the text appearing in the Annex to this Common Position.

This Common Position shall take effect on the date of its adoption.

This Common Position shall be published in the Official Journal of the European Union.