Date: 2018-04-27Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Implementing Regulation (EU) 2018/648 of 26 April 2018 implementing Article 11(4) of Regulation (EU) No 753/2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan
Executive Summary:
Council Implementing Regulation (EU) 2018/648 amends Annex I to Regulation (EU) No 753/2011, which concerns restrictive measures against certain individuals, groups, undertakings, and entities in view of the situation in Afghanistan. This amendment updates information regarding one individual subject to these measures, specifically Mohammed Omar Ghulam Nabi. The regulation entered into force on April 27, 2018.
Key Points / Main Content:
* **Amendment to Annex I:**
* Annex I to Regulation (EU) No 753/2011 is amended as detailed in the Annex of this implementing regulation.
* **Updated Information on Listed Individual:**
* The entry for Mohammed Omar Ghulam Nabi is replaced with updated information including:
* Title: Mullah
* Grounds for listing: Leader of the Faithful Amir ul Mumineen, Afghanistan.
* Date of birth: Approximately 1966, 1960, or 1953.
* Place of birth: Naw Deh village, Deh Rawud District, Uruzgan Province, Afghanistan, or Maiwand District, Kandahar Province, Afghanistan.
* Nationality: Afghan.
* Date of UN designation: 12.4.2000.
* Other information: Father's name is Ghulam Nabi, also known as Mullah Musafir. Left eye missing. Brotherinlaw of Ahmad Jan Akhundzada Shukoor Akhundzada. Believed to be in AfghanistanPakistan border area. Belongs to Hotak tribe.
* Reportedly deceased as of April 2013.
* INTERPOL UN Security Council Special Notice web link: https:www.interpol.intennoticesearchun1427394
* Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee: Mohammed Omar holds the title of Commander of the Faithful of the Islamic Emirate of Afghanistan and is the supreme leader of the Taliban movement in the Taliban hierarchy. He sheltered Usama bin Laden deceased and his AlQaida network in the years prior to the 11 September 2001 attacks in the United States. He has been directing the Taliban against the Government of Afghanistan and their allies in Afghanistan since 2001. Mohammed Omar commands the allegiance of other prominent military leaders in the region, such as Jalaluddin Haqqani.
* **Entry into Force:**
* The regulation entered into force on the day of its publication in the Official Journal of the European Union (April 27, 2018).
* The Regulation is binding in its entirety and directly applicable in all Member States.
Impact Analysis:
European Union Member States:
* Impact: Required to implement the updated restrictive measures against the listed individual.
* Action Required: Ensure national laws and regulations comply with the updated information in Annex I of Regulation (EU) No 753/2011, as amended by this regulation.
Individuals, Groups, Undertakings and Entities dealing with Afghanistan:
* Impact: Must ensure compliance with the updated sanctions regime regarding the listed individual.
* Action Required: Review existing relationships and transactions to ensure no dealings occur with the listed individual that would violate the restrictive measures.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Council Implementing Regulation (EU) 2018/648: A legal instrument of the European Union imposing restrictive measures.
Regulation (EU) No 753/2011: A Council Regulation of the European Union concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan.
Afghanistan: A country in Central and South Asia, the subject of the restrictive measures outlined in the regulation.
United Nations Security Council: An organ of the United Nations responsible for the maintenance of international peace and security.
United Nations Security Council Resolution 1988 (2011): A resolution adopted by the United Nations Security Council regarding sanctions related to the situation in Afghanistan.
Mohammed Omar: Leader of the Faithful Amir ul Mumineen, Afghanistan and a person subject to restrictive measures.
Brussels: The location where the regulation was adopted.
L 108/12 EN Official Journal of the European Union 27.4.2018
COUNCIL IMPLEMENTING REGULATION (EU) 2018/648
of 26 April 2018
implementing Article 11(4) of Regulation (EU) No 753/2011 concerning restrictive measures
directed against certain individuals, groups, undertakings and entities in view of the situation in
Afghanistan
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) No 753/2011 of 1 August 2011 concerning restrictive measures directed
against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan (1), and in particular
Article 11(4) thereof,
Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) On 1 August 2011, the Council adopted Regulation (EU) No 753/2011.
(2) On 10 April 2018, the United Nations Security Council Committee, established pursuant to paragraph 30 of
United Nations Security Council Resolution 1988 (2011), updated the information relating to one person subject
to restrictive measures.
(3) Annex I to Regulation (EU) No 753/2011 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EU) No 753/2011 is hereby amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 April 2018.
For the Council
The President
E. ZAHARIEVA
(1) OJ L 199, 2.8.2011, p. 1.27.4.2018 EN Official Journal of the European Union L 108/13
ANNEX
The entry concerning the person listed below is replaced by the following entry:
‘(83) Mohammed Omar Ghulam Nabi
Title: Mullah. Grounds for listing: Leader of the Faithful (“Amir ul- Mumineen”), Afghanistan. Date of birth:
(a) Approximately 1966, (b) 1960, (c) 1953. Place of birth: (a) Naw Deh village, Deh Rawud District,
Uruzgan Province, Afghanistan, (b) Maiwand District, Kandahar Province, Afghanistan. Nationality: Afghan.
Date of UN designation: 12.4.2000.
Other information: Father's name is Ghulam Nabi, also known as Mullah Musafir. Left eye missing.
Brother-in-law of Ahmad Jan Akhundzada Shukoor Akhundzada. Believed to be in Afghanistan/Pakistan
border area. Belongs to Hotak tribe. Review pursuant to Security Council resolution 1822 (2008) was
concluded on 27 Jul. 2010. Reportedly deceased as of April 2013. INTERPOL- UN Security Council Special
Notice web link: https://www.interpol.int/en/notice/search/un/1427394
Additional information from the narrative summary of reasons for listing provided by the Sanctions
Committee:
Mohammed Omar holds the title of “Commander of the Faithful of the Islamic Emirate of Afghanistan” and is
the supreme leader of the Taliban movement in the Taliban hierarchy. He sheltered Usama bin Laden
(deceased) and his Al-Qaida network in the years prior to the 11 September 2001 attacks in the United
States. He has been directing the Taliban against the Government of Afghanistan and their allies in Afghanistan
since 2001.
Mohammed Omar commands the allegiance of other prominent military leaders in the region, such as
Jalaluddin Haqqani.’