Council Decision (CFSP) 2017/2074 of 13 November 2017 concerning restrictive measures in view of the situation in Venezuela

• Published date: 14 November 2017
• Official Gazette Publication: Gazzetta ufficiale dell'Unione europea, L 295, 14 novembre 2017,Diario Oficial de la Unión Europea, L 295, 14 de noviembre de 2017,Journal officiel de l'Union européenne, L 295, 14 novembre 2017

02017D2074 — EN — 10.07.2019 — 004.001

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►B COUNCIL DECISION (CFSP) 2017/2074 of 13 November 2017 concerning restrictive measures in view of the situation in Venezuela (OJ L 295 14.11.2017, p. 60)

Amended by:

		Official Journal
		No	page	date
M1	COUNCIL DECISION (CFSP) 2018/90 of 22 January 2018	L 16I	14	22.1.2018
M2	COUNCIL DECISION (CFSP) 2018/901 of 25 June 2018	L 160I	12	25.6.2018
►M3	COUNCIL DECISION (CFSP) 2018/1656 of 6 November 2018	L 276	10	7.11.2018
►M4	COUNCIL DECISION (CFSP) 2019/1171 of 8 July 2019	L 183	9	9.7.2019

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▼B

COUNCIL DECISION (CFSP) 2017/2074

of 13 November 2017

concerning restrictive measures in view of the situation in Venezuela

CHAPTER I

EXPORT RESTRICTIONS

Article 1

1. The sale, supply, transfer or export 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 Venezuela by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft shall be prohibited whether originating or not in their territories.

2. It shall be prohibited:

(a)to provide technical assistance, brokering services and other services related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned directly or indirectly to any natural or legal person, entity or body in, or for use in, Venezuela;

(b)to provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of arms and related materiel or for the provision of related technical assistance, brokering services and other services directly or indirectly to any person, entity or body in, or for use in, Venezuela.

Article 2

The prohibition in Article 1 shall not apply to the execution of contracts concluded before 13 November 2017 or to ancillary contracts necessary for the execution of such contracts, provided that they comply with Council Common Position 2008/944/CFSP (1), in particular with the criteria set out in Article 2 thereof, and that the natural or legal persons, entities or bodies seeking to perform the contract have notified the contract to the competent authority of the Member State in which they are established within 5 working days of the entry into force of this Decision.

Article 3

1. The sale, supply, transfer or export of equipment which might be used for internal repression to Venezuela by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft shall be prohibited whether originating or not in their territories.

2. It shall be prohibited:

(a)to provide technical assistance, brokering services and other services related to equipment which might be used for internal repression and to the provision, manufacture, maintenance and use of such equipment directly or indirectly to any natural or legal person, entity or body in, or for use in, Venezuela;

(b)to provide financing or financial assistance related to equipment which might be used for internal repression, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of such equipment or for the provision of related technical assistance, brokering services and other services directly or indirectly to any person, entity or body in, or for use in, Venezuela.

3. The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

Article 4

1. Articles 1 and 3 shall not apply to:

(a)the sale, supply, transfer or export of non-lethal military equipment, or of equipment which might be used for internal repression, intended solely for humanitarian or protective use, or for institution-building programmes of the United Nations (UN) and the Union and its Member States or of regional and subregional organisations, or of materiel intended for crisis-management operations of the UN and the Union or of regional and subregional organisations;

(b)the sale, supply, transfer or export of demining equipment and materiel for use in demining operations;

(c)the maintenance of non-lethal equipment which might be used by the navy and coastguard of Venezuela intended solely for border protection, regional stability and the interception of narcotics;

(d)the provision of financing and financial assistance related to the equipment or materiel referred to in points (a), (b) and (c);

(e)the provision of technical assistance related to the equipment or materiel referred to in points (a), (b) and (c),

on condition that such exports have been approved in advance by the relevant competent authority.

2. Articles 1 and 3 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to Venezuela by UN personnel, personnel of the Union or its Member States, representatives of the media, and humanitarian and development workers and associated personnel for their personal use only.

Article 5

1. The sale, supply, transfer or export of equipment, technology or software intended primarily for use in the monitoring or interception by, or on behalf of, the Venezuelan regime of the internet and of telephone communications on mobile or fixed networks in Venezuela, including the provision of any telecommunication or internet monitoring or interception services of any kind, as well as the provision of financial and technical assistance to install, operate or update such equipment, technology or software, by nationals of Member States or from the territories of Member States shall be prohibited.

2. By derogation from paragraph 1, Member States may authorise the sale, supply, transfer or export of the equipment, technology or software, including the provision of any telecommunication or internet monitoring or interception services of any kind, as well as the related provision of financial and technical assistance, referred to in paragraph 1 if they have reasonable grounds to determine that the equipment, technology or software would not be used for internal repression by Venezuela's government, public bodies, corporations or agencies, or any person or entity acting on their behalf or at their direction.

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph, within four weeks of the authorisation.

3. The Union shall take the necessary measures in order to determine the relevant elements to be covered by this Article.

CHAPTER II

RESTRICTIONS ON ADMISSION

Article 6

1. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of:

(a)natural persons responsible for serious human rights violations or abuses or the repression of civil society and democratic opposition in Venezuela; or

(b)natural persons whose actions, policies or activities otherwise undermine democracy or the rule of law in Venezuela;

as listed in Annex I.

2. Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.

3. Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:

(a)as a host country to an international intergovernmental organisation;

(b)as a host country to an international conference convened by, or under the auspices of, the UN;

(c)under a multilateral agreement conferring privileges and immunities; or

(d)under the 1929 Treaty of Conciliation (Lateran Pact) concluded by the Holy See (State of the Vatican City) and Italy.

4. Paragraph 3 shall be considered as also applying in cases where a Member State is host country of the Organization for Security and Co-operation in Europe (OSCE).

5. The Council shall be duly informed in all cases where a...