Date: 2022-01-28Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Implementing Regulation (EU) 2022/113 of 27 January 2022 implementing Regulation (EU) No 101/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia
Executive Summary:
Council Implementing Regulation (EU) 2022/113 amends Annex I to Regulation (EU) No 101/2011, concerning restrictive measures against certain persons, entities, and bodies in view of the situation in Tunisia. The amendment updates the statements of reasons for three persons and information on the application of rights of defence and effective judicial protection for seven persons. This regulation entered into force on January 29, 2022.
Key Points / Main Content:
* **Amendment of Annex I:**
* Replaces entries in Section A (List of persons and entities referred to in Article 2) for Halima Bent Zine El Abidine Ben Haj Hamda BEN ALI, Ghazoua Bent Zine El Abidine Ben Haj Hamda BEN ALI, and Ghazoua Bent Hamed Ben Taher BOUAOUINA. These replacements include updated identifying information and grounds for restrictive measures.
* Updates Section B (Rights of defence and right to effective judicial protection under Tunisian law) by adding final sentences to the entries for Mr. CHIBOUB (25), person 26, person 30, person 31, person 33, person 34, and person 46, providing information on legal proceedings and judgments.
Impact Analysis:
* **Listed Individuals:**
* Impact: Continued or modified restrictive measures (asset freezes, travel bans) based on updated reasons and legal proceedings.
* Action Required: Monitor legal proceedings and potential impact on asset recovery and sanctions.
* **EU Member States:**
* Impact: Obligation to implement and enforce the amended restrictive measures.
* Action Required: Update national regulations and procedures to reflect the changes in Annex I of Regulation (EU) No 101/2011.
* **European Council:**
* Impact: Accountable for the legal and factual justification of the sanctions regime.
* Action Required: Review the effectiveness of the regulation.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Tunisia: A country in North Africa that is the subject of the restrictive measures in the regulation.
Council Regulation EU No 1012011: A Council Regulation concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia.
Halima Bent Zine El Abidine Ben Haj Hamda: A Tunisian national subject to judicial proceedings related to misappropriation of public monies.
Ghazoua Bent Zine El Abidine Ben Haj Hamda: A Tunisian national subject to judicial proceedings related to misappropriation of public monies.
Ghazoua Bent Hamed Ben Taher BOUAOUINA: A Tunisian national subject to judicial proceedings related to misappropriation of public monies.
Leila Trabelsi: Mentioned in relation to Halima Bent Zine El Abidine Ben Haj Hamda.
Appeal Court of Tunis: Court in Tunisia which convicted individuals of misappropriation of public funds.
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II
(Non-legislative acts)
REGULATIONS
COUNCIL IMPLEMENTING REGULATION (EU) 2022/113
of 27 January 2022
implementing Regulation (EU) No 101/2011 concerning restrictive measures directed against certain
persons, entities and bodies in view of the situation in Tunisia
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 101/2011 of 4 February 2011 concerning restrictive measures directed
against certain persons, entities and bodies in view of the situation in Tunisia(1), and in particular Article 12 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) On 4 February 2011, the Council adopted Regulation (EU) No 101/2011.
(2) On the basis of a review, the information in Annex I to that Regulation regarding the statements of reasons should be
amended for three persons, and the information relating to the application of the rights of defence and right to
effective judicial protection under Tunisian law should be amended for seven persons.
(3) Annex I to Regulation (EU) No 101/2011 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EU) No 101/2011 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.
(1) OJ L 31, 5.2.2011, p. 1.L 19/8 EN Official Journal of the European Union 28.1.2022
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 January 2022.
For the Council
The President
J.-Y. LE DRIANANNEX
Annex I to Regulation (EU) No 101/2011 is amended as follows:
(i) the following entries in section ‘A. List of persons and entities referred to in Article 2’, are replaced by the following:
Name Identifying information Grounds
‘7. Halima Bent Zine El Nationality: Tunisian Person subject to judicial proceedings, or an asset recovery process following a final court
Abidine Ben Haj Hamda POB: Tunis, Tunisia ruling, by the Tunisian authorities for complicity in the misappropriation of public monies by
BEN ALI DOB: 17 July 1992 a public office-holder, complicity in the misuse of office by a public office-holder to procure an
Last known address: the Presidential Palace, Tunis, unjustified advantage for a third party and to cause a loss to the administration, exerting
Tunisia wrongful influence over a public office-holder with a view to obtaining directly or indirectly
ID no: 09006300 an advantage for another person, and associated with Leila Trabelsi (No 2).
Issuing country: Tunisia
Gender: female
Other information: daughter of Leïla TRABELSI
29. Ghazoua Bent Zine El Nationality: Tunisian Person subject to judicial proceedings, or an asset recovery process following a final court
Abidine Ben Haj Hamda POB: Le Bardo ruling, by the Tunisian authorities for complicity in the misappropriation of public monies by
BEN ALI DOB: 8 March 1963 a public office-holder, complicity in the misuse of office by a public office-holder to procure an
Last known address: 49 avenue Habib Bourguiba – unjustified advantage for a third party and to cause a loss to the administration, and exerting
Carthage, Tunisia wrongful influence over a public office-holder with a view to obtaining directly or indirectly
ID no: 00589758 an advantage for another person, and associated with Slim Zarrouk (No 30).
Issuing country: Tunisia
Gender: female
Other information: medical doctor, daughter of
Naïma EL KEFI, married to Slim ZARROUK
42. Ghazoua Bent Hamed Ben Nationality: Tunisian Person subject to judicial proceedings, or an asset recovery process following a final court
Taher BOUAOUINA POB: Monastir ruling, by the Tunisian authorities for complicity in the misappropriation of public monies by
DOB: 30 August 1982 a public office-holder, complicity in the misuse of office by a public office-holder to procure an
Last known address: rue Ibn Maja – Khezama est – unjustified advantage for a third party and to cause a loss to the administration, and exerting
Sousse, Tunisia wrongful influence over a public office-holder with a view to obtaining directly or indirectly
ID no: 08434380 an advantage for another person, and associated with Hayet Bennekic Ali (No 33).’
Issuing country: Tunisia
Gender: female
Other information: daughter of Hayet BEN ALI,
married to Badreddine BENNOUR
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19/9(ii) In the following entries in section B, ‘Rights of defence and right to effective judicial protection under Tunisian law’, under the heading ‘Application of the rights of defence and the right
to effective judicial protection’, the following final sentences are added:
‘25. On 15 February 2021and 10 March 2021, Mr CHIBOUB was heard by an investigating judge in case 19592/1. On 31 March 2021, the investigating judge decided to sever his
case from the general case 19592/1. Case 1137/2 is pending.
26. On 31 March 2021, the investigating judge decided to sever her case from the general case 19592/1. Case 1137/2 is pending.
30. A judgment of the Appeal Court of Tunis dated 15 April 2021in case 29443 convicted him of misappropriation of public funds.
31. A judgment of the Appeal Court of Tunis dated 1 November 2018in case 27658 convicted him of misappropriation of public funds.
33. A judgment dated 14 March 2019in case 40800 convicted her of misappropriation of public funds.
34. A judgment dated 7 January 2016in case 28264 convicted her of misappropriation of public funds.
46. A judgment of the Court of first instance of Tunis dated 21 March 2019in case 41328/19 convicted him of misappropriation of public funds.’
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