Date: 2021-02-19Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Regulation (EU) 2021/253 of 17 February 2021 amending Council Regulation (EC) No 314/2004 concerning restrictive measures in view of the situation in Zimbabwe
Executive Summary:
Commission Implementing Regulation (EU) 2021/253 amends Council Regulation (EC) No 314/2004 concerning restrictive measures against Zimbabwe. The amendment updates Annex III to Regulation EC No 314/2004, modifying entries for individuals subject to the freezing of funds and economic resources. This regulation entered into force on February 20, 2021.
Key Points / Main Content:
* **Amendment of Annex III to Regulation EC No 314/2004:**
* The entries for Constantine Chiwenga and Phillip Valerio Sibanda in Section I of Annex III are replaced with updated information.
* The entry for Perence Shiri is deleted from Section I of Annex III.
Impact Analysis:
European Union Member States:
Impact: Member States are directly bound by this regulation and must implement the changes regarding the restrictive measures against the listed individuals.
Action Required: Member States must ensure that national authorities update their lists and procedures to reflect the changes to Annex III, specifically regarding the freezing of funds and economic resources of the designated individuals.
Designated Individuals (Constantine Chiwenga and Phillip Valerio Sibanda):
Impact: Continued restrictions on funds and economic resources within the EU, based on the updated entries.
Action Required: Ensure awareness of the updated information regarding the restrictive measures applied to them.
Former Designated Individual (Perence Shiri):
Impact: Removal from the list of individuals subject to restrictive measures, leading to the unfreezing of funds and economic resources within the EU.
Action Required: Ascertain the release of previously frozen assets and funds within the EU jurisdiction.
Key Entities Referenced
European Union: An international organization of European countries formed after World War II to reduce trade barriers and increase cooperation among its members.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Council Regulation EC No 314/2004: A European Council regulation concerning restrictive measures in view of the situation in Zimbabwe.
Zimbabwe: A landlocked country in southern Africa known for its dramatic landscape and diverse wildlife, and the subject of restrictive measures by the European Union.
Council Decision 2011/101/CFSP: A Council decision concerning restrictive measures against Zimbabwe, identifying persons and entities to whom restrictive measures apply.
Council Decision CFSP 2021/258: A Council decision amending Decision 2011/101/CFSP concerning restrictive measures in view of the situation in Zimbabwe.
Constantine Chiwenga: Vice-President and former Commander of the Zimbabwe Defence Forces. Subject to restrictive measures.
Phillip Valerio Sibanda: Commander of the Zimbabwe Defence Forces and former Commander of the Zimbabwe National Army. Subject to restrictive measures.
19.2.2021 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 58/15
COMMISSION IMPLEMENTING REGULATION (EU) 2021/253
of 17 February 2021
amending Council Regulation (EC) No 314/2004 concerning restrictive measures in view of the
situation in Zimbabwe
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 314/2004 of 19 February 2004 concerning restrictive measures in view of
the situation in Zimbabwe(1), and in particular Article 11(b) thereof,
Whereas:
(1) Council Decision 2011/101/CFSP(2) identifies the persons and entities to whom restrictive measures apply as
provided for in Articles 4 and 5 of that Decision.
(2) Regulation (EC) No 314/2004 gives effect to that Decision to the extent that action at Union level is required. In
particular, Annex III to Regulation (EC) No 314/2004 lists the persons and entities covered by the freezing of funds
and economic resources under that Regulation.
(3) On 18 February 2021, the Council adopted Decision (CFSP) 2021/258(3) amending the entries for two persons in
and removing one person from the list of persons and entities subject to restrictive measures.
(4) Annex III to Regulation (EC) No 314/2004 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Annex III to Regulation (EC) No 314/2004 is amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
Done at Brussels, 17 February 2021.
For the Commission,
On behalf of the President,
Director-General
Directorate-General for Financial Stability, Financial
Services and Capital Markets Union
(1) OJ L 55, 24.2.2004, p. 1.
(2) Council Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures against Zimbabwe (OJ L 42, 16.2.2011, p. 6).
(3) Council Decision (CFSP) 2021/258 of 18 February 2021 amending Decision 2011/101/CFSP concerning restrictive measures in view
of the situation in Zimbabwe (see page 51 of this Official Journal).L 58/16 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 19.2.2021
ANNEX
Annex III, Section I, to Council Regulation (EC) No 314/2004 is amended as follows:
(1) the entries for the persons listed below are replaced as follows:
‘(5) CHIWENGA, Vice-President Vice-President and former Commander of the Zimbabwe
Constantine Defence Forces. Member of Joint Operations Command
Former Commander of the
and complicit in forming or directing repressive state
Zimbabwe Defence Forces,
policy. Used army for farm takeovers. During the 2008
retired General, born
elections, he was a prime architect of the violence
25.8.1956
associated with the process of the Presidential run-off.’
Passport AD000263
ID 63-327568M80
‘(7) SIBANDA, Phillip Commander of the Zimbabwe Commander of the Zimbabwe Defence Forces and former
Valerio (a.k.a. Defence Forces Commander of the Zimbabwe National Army. Senior
Valentine) army figure with ties to the Government and complicit in
Former Commander of the
forming or directing oppressive state policy.’
Zimbabwe National Army,
General, born 25.8.1956 or
24.12.1954
ID 63-357671H26
(2) the following entry is deleted:
‘(6) Shiri, Perence (a.k.a. Air Marshal (Air Force) Senior military officer and member of ZANU-PF Joint
Bigboy) Samson Operational Command and complicit in forming or
Born 1.11.1955
Chikerema directing oppressive state policy. Involved in political
ID 29-098876M18 violence, including during the 2008 election in
Mashonaland West in Chiadzwa.’