Sanction Regulation Against Terrorism 2002 III
Regulation of 13 August 2002, no. DJZ/BR/749-02 containing restrictive measures against specific persons and entities in view of the fight against terrorism (Sanction Regulation Against Terrorism 2002 III)
The Minister of Foreign Affairs,
in agreement with the Minister of Finance;
Paid attention to Resolution 1373 of the Security Council of 29 September 2001;
Paid attention to section 2, 2nd paragraph, and section
3 of the Sanction Law 1977;
August 13, 2002
Decision:
Article 1
For the application of what is stipulated in this regulation, is defined:
a. Means: assets of any nature, judicial documents or instruments in which ever form, as well as electronic or digital, from which ownership of or an interest in similar assets appears, including, yet not restricted to, bank credits, travel cheques, bank cheques, postal orders, shares, bonds, bills of exchange, credit papers and other stocks;
b. Freezing of means: the prevention of mutation, transfer, correction, use or handling with means in any form, resulting in the change of their size, amount, location, owner, possession, distinguishing characteristics, destination, or other changes whereby the use of intended means, including the management of an investment portfolio, possibly would be made.
c. Financial services: all services of financial nature, under which all insurance services and insurance-related services, and all bank services and other financial services (with the exception of insurances).
Article 2
1. All means which belong to persons or entities, mentioned in the appendix to this regulation, will be frozen.
2. It is forbidden to provide financial services for or on behalf of the persons or entities, mentioned in de appendix to this regulation.
3. It is forbidden to place direct and indirect means at disposal of persons or entities, mentioned in de appendix to this regulation.
Article 3
In agreement with the Minister of Foreign Affairs, The Minister of Finance can on request grant exemption of the bans mentioned in Article 2.
Article 4
This regulation is to be cited as:
Sanction Regulation Against Terrorism 2002 III.
This regulation takes effect as of the second day after the date of the Staatscourant in which it is published.
Article 5
This regulation shall be published in the Staatscourant with the accompanying appendix and the explanation.
The Minister of Foreign Affairs,
J.G. de Hoop Scheffer.
Appendix meant in article 2 of the Sanction Regulation Against Terrorism 2002 III
- New Peoples Army (NPA)/ Communist Party of the Philippines)
- Jose Maria Sison (date of birth: 2 August 1938: Ilocos sur, Northern Luzon; the Philippines)
Explanation
This regulation estends to the implementation indicated in Resolution 1373 of the Security Council of 29 September 2001. It is based on article 2, Second paragraph, of the Sanction Law 1977.
In Resolution 1373, it is among other things established that all countries must proceed to the freezing of assets and other financial or economic means of persons who commit terrorist acts, or attempt to commit or participate or facilitate the realization of it.
Besides, the member states must take measures to forbid to make the financial or economic means available to persons or provide them financial or other related services.
In various common stand points of the Council of the European Union, it is stated that according to the Council, the fight against terrorism is a priority objective. In the Common Stand Points of the Council of European Union of 27 December 2001 nr. 2001/930/GBVB and no. 2001/931/GBVB concerning the fight against terrorism (Pb EG L 344), the Council states that the EU is determined – under the auspices the United Nations – to contribute to the world wide coalition against terrorism. Furthermore the Council states that it is determined to deal with the financing sources of terrorism in close consultation with the United States.
In order to be able to give comprehensive implementation to international sanction regulation aimed at fighting terrorism, the Sanction Law 1977 is amended; at the same time with the amendment of the Sanction Law 1977 – in implementation of By-laws (EG) no. 2580/2001 of 27 December 2001, concerning specific restriction measures against certain persons and entities in view of the fight against terrorism – the Sanction Regulation Against Terrorism 2002 I became effective. Some time later the next Sanction Regulation Against Terrorism 2002 II with regard to measures in fighting terrorism towards EU subjects/entities followed.
While awaiting the decisions which will follow on European level, in the light of the desirability to implement Resolution 1373 and the reconfirmation thereof in aforesaid common standpoints and EG-by-laws, also considering the need to take quick measures, the present regulation has been accomplished.
from: Staatscourant 13 August 2002, no. 153 / pag. 6 1 BUZ
The present sanction regulation extends to (freezing) measures towards the person and the entity which are mentioned in the appendix to this regulation.
The present regulation shall be withdrawn as soon as the community decision with regard to the same matter has taken effect.
The appendix to this regulation contains names which also appear on an ‘executive order’ which is issued by president Bush of the United States on 12 August 2002.
Article 1
In article 1, under c, ‘all insurance services and insurance-related services’ as well as ‘bank services and other financial services’ is mentioned. Hereafter is listed what is understood by that.
Insurance services and insurance-related services
i) Direct insurances (under which co-insurance)
A) life insurance;
B) damage insurance;
ii) reinsurance and retroversion;
iii) insurance mediation, such as services of brokers and agents;
iv) related services of the insurance company, such as giving advice, profession of actuary, risk evaluation and regulation of damage claims. Bank services and other financial services (not including insurances)
v) acceptance of deposits and other refundable assets;
vi) all sort of loans, under which consumers credits and mortgages, factoring and financing of commercial transactions;
vii) financial leasing;
viii) all payments and monetary transfer services, including credit- and girocheques, travel cheques and money orders;
ix) guarantees and payment obligations;
x) transactions for own account or for accounts of clients, in the exchange or in the market of not listed funds or otherwise in that connection:
A) monetary market instruments (including cheques, stocks, deposit certificates);
B) currencies;
C) derivatives, including forward instruments and options;
D) currency and interest instruments, under which products such as swaps, forward rate agreements;
E) marketable stocks;
F) other marketable instruments and financial assets, including precious metals;
xi) taking part in emissions of various sorts of stocks, including the guarantying and placing of stocks as agent (public or private) and the providing of related services;
xii) financial mediation;
xiii) management of assets, for example cash means or investment portfolios, all forms of management of collective investments, management of retirement funds as well as safety deposit, deposit and trust services;
xiv) settlement and clearing services for financial assets, including stocks, derivative products and other marketable instruments;
xv) supplying and offering of financial information and processing of financial data and related software by offers of other financial services;
xvi) advice, mediation and other financial related services, belonging to all activities mentioned under v) to and including xv), including credit research and analysis, research and advice concerning investing and investments, advice about take-overs, company reorganization and strategy.
Article 2
The freezing of means, or the direct or indirect providing of means, with reference to the person and the entity that are mentioned in the appendix (first and third paragraph).
The second paragraph forbids the performing of financial services for or in behalf of the person and entity mentioned in the appendix, of whose names came from the ‘executive order’ which has been issued on 12 August 2002 by President Bush of the United States.
Article 3
This article leaves the option open to provide exemption for exceptional cases (for example for humanitarian reasons).
The Minister of Foreign Affairs,
J.G. de Hoop Scheffer.
1 Stcrt. 104
2 Stcrt. 138
from: Staatscourant 13 August 2002, no. 153 / pag. 6 2
23 August 2002/nr. DJZ/BR/781-02
The Minister of Foreign Affairs ,
in agreement with the Minister of Finance;
Paid attention to Resolution 1373 of the Security Council of 29 September 2001;
Paid attention to section 2, second paragraph, and section 3 of the Sanction Law 1977;
Decision:
Section I
In the appendix, meant in section 2 of the Sanction Regulation Against Terrorism 2002 III1, ‘Jose Maria Sison (date of birth: 2 August 1938: Ilocos sur, Northern Luzon; the Philippines)’ is replaced by: Jose Maria Sison, date of birth: 2 August 1938 in Ilocos sur, Northern Luzon; the Philippines), alias Sison, José Maria C. (nickname: Joma), date of birth 8 February 1939 in Cabugao, the Philippines.
Section II
This regulation takes effect as of the second day after the date of the Staatscourant in which it is published.
This regulation shall be published in the Staatscourant with the accompanying appendix and the explanation.
The Minister of Foreign Affairs,
J.G. de Hoop Scheffer.
1 Stcrt. 153
Explanation
This regulation changes the appendix of the Sanction Regulation Against Terrorism 2002 III. Meanwhile it is shown that the data of the person, mentioned in the aforesaid appendix, needs a supplementary. Section I of the present regulation stretches to that end.
The Minister of Foreign Affairs,
J.G. de Hoop Scheffer.
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