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Council Implementing Regulation (EU) No 265/2012

of 23 March 2012

implementing Article 8a(1) of Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 765/2006(1), and in particular Article 8a(1) thereof,

Whereas:

(1) On 18 May 2006, the Council adopted Regulation (EC) No 765/2006.

(2) In view of the gravity of the situation in Belarus, additional persons and entities should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures as set out in Annex IB to Regulation (EC) No 765/2006.

(3) The information relating to one person on the list in Annex IB to Regulation (EC) No 765/2006 should be updated.

(4) Annex IB to Regulation (EC) No 765/2006 should be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex IB to Regulation (EC) No 765/2006 shall be amended as set out in Annex I to this Regulation.

Article 2

The persons and entities listed in Annex II to this Regulation shall be added to Annex IB to Regulation (EC) No 765/2006.

Article 3

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, 23 March 2012.

For the Council

The President

C. Ashton

ANNEX I

The entry for the person named below shall be replaced by the following:

NamesTranscription of Belarusian spellingTranscription of Russian spellingNames(Belarusian spelling)Names(Russian spelling)Place and date of birthPosition
1.

Mazouka Anzhalika Mikhailauna

Mazovko, Anzhelika Mikhailovna

(Mazovka Anzhelika Mikhailovna)

Мазоўка Анжалiка Мiхайлаўна

Мазовкo Анжелика Михайловна

(Мазовкa Анжелика Михайловна)

Judge at Sovetski District Court of Minsk. In 2010-2011 she fined or sentenced representatives of civil society for their peaceful protests to prison sentences in the following cases:

a)

2011.07.14, Bussel Alyaksandr, 10 days in prison;

b)

2011.07.14, Krukowski Syarhey, 8 days in prison;

c)

2011.07.14, Kantsin Yahor, 10 days in prison;

d)

2011.07.07, Sukhanossik Vyachaslaw, 8 days in prison;

e)

2010.12.21, Nyanakhaw Andrey, 15 days in prison;

f)

2010.12.20, Myslivets Ihar, 15 days in prison;

g)

2010.12.20, Vilkin Alyaksey, 12 days in prison;

h)

2010.12.20, Kharitonaw Paval, 12 days in prison.

Repeatedly imposed prison terms against those involved in peaceful protests and as a result bears responsibility for the repression of civil society and democratic opposition in Belarus.

ANNEX II Persons and entities referred to in Article 2

Persons

NamesTranscription of Belarusian spellingTranscription of Russian spellingNames(Belarusian spelling)Names(Russian spelling)Place and date of birthPosition
1.

Chyzh, Iury Aliaksandravich

(Chyzh, Yury Aliaksandravich)

Chizh, Iuri Aleksandrovich

(Chizh, Yuri Aleksandrovich)

ЧЫЖ, Юрый АляксандравiчЧИЖ, Юрий Александрович

Place of birth: Soboli, Bierezowskij Rajon, Brestkaja Oblast (Соболи, Березовский район, Брестская область)

Date of birth 28.03.1963

Passport no: SP 0008543 (current validity doubtful).

Iury Chyzh provides financial support to the Lukashenka regime through his holding company LLC Triple which is active in numerous sectors of the Belarusian economy, including activities resulting from public awards and concessions from the regime. The sporting positions he retains, notably being Chair of the Board of the football club FC Dynamo Minsk and Chair of the Belarusian Federation of wrestling, confirm his association to the regime.
2.Anatoly TernavskyАнатолий ТернавскийBorn 1950

Person close to family members of President Lukashenka; sponsor of the President’s Sports Club.

Ternavsky’s dealing with oil and oil products testifies his close relations with the regime, taking into account a state monopoly on the oil refining sector and the fact that only several individuals are entitled to operate in oil sector. His company Univest-M is one of the two major private oil exporters in Belarus.

3.

Zhuk Alena Siamionauna

(Zhuk Alena Syamionauna)

Zhuk Elena Semenovna

(Zhuk Yelena Semyonovna)

Жук Алена СямёнаўнаЖук Елена СеменовнаJudge of Pervomayskij district court in Vitsebsk. On 24 February 2012, she sentenced Syarhei Kavalenka, who has been considered as a political prisoner since the beginning of February 2012, to two years and one month in prison for violation of probation. She was directly responsible for violations of the human rights of a person because she denied Syarhei Kavalenka the right to a fair trial. Syarhei Kavalenka was previously given a suspended sentence for hanging out a banned historical white-red-white flag in Vitsebsk. Thesubsequent sentence given by Alena Zhuk was disproportionately harsh given the nature of the crime and not in line with the criminal code of Belarus. Her actions constituted a direct violation of the international commitments of Belarus in the field of human rights.
4.

Lutau Dzmitry Mikhailavich

Lutov Dmitri Mikhailovich

(Lutov Dmitry Mikhailovich)

Лутаў Дзмiтрый МiхайлавiчЛутов Дмитрий МихайловичProsecutor in the trial of Syarhei Kavalenka who was sentenced to two years and one month in prison for violation of probation. Syarhei Kavalenka was previously given a suspended sentence for hanging out a white-red-white flag, a symbol of the opposition moment, on a Christmas tree in Vitsebsk. The subsequent sentence given by the judge in the case was disproportionately harsh given the nature of the crime and not in line with the criminal code of Belarus. Lutau’s actions constituted a direct violation of the international commitments of Belarus in the field of human rights.
5.

Atabekau Khazalbek Bakhtibekavich

Atabekov Khazalbek Bakhtibekovich

Атабекаў Хазалбек Бактiбекавiч

Атабеков Хазалбек Баxтибекович

(Атабеков Кхазалбек Баxтибекович)

Colonel, commander of a special brigade of Interior Troops in the Uruchie suburb of Minsk. He commanded his unit during the crackdown on the post-election protest demonstration in Minsk on 19 December 2010 where an excessive use of force was applied. His actions constituted a direct violation of the international commitments of Belarus in the field of human rights.
6.

Charnyshou Aleh

Chernyshev Oleg A.

Чарнышоў АлегЧерышев Олег АColonel, in charge of counter-terrorist unit of the KGB “Alpha” unit. He personally participated in inhuman and degrading treatment of opposition activists in the KGB detention centre in Minsk after the crackdown on the post-election protest demonstration in Minsk 19 December 2010. His actions constituted a directviolation of the international commitments of Belarus in the field of human rights.
7.

Arlau Aliaksey

(Arlau Aliaksei)

Arlau Aliaksandr Uladzimiravich

Orlov Aleksei

(Orlov Alexey)

Orlov Aleksandr Vladimirovich

(Orlov Alexandr Vladimirovich)

Apлaў Аляксей

Apлaў Аляксандр Уладзiмiравiч

Opлов Алексей

Opлов Александр Владимирович

Colonel, head of the KGB detention centre in Minsk. He was personally responsible for cruel, inhuman or degrading treatment or punishment of those who were detained in the weeks and months after the crackdown on the post-election protest demonstration in Minsk on 19 December 2010. His actions constituted a direct violation of the international commitments of Belarus in the field of human rights.
8.

Sanko Ivan Ivanavich

Sanko Ivan Ivanovich

Санько Iван IванавiчСанько Иван ИвановичMajor, senior investigator of the KGB. He conducted investigations which included the use of falsified evidence against opposition activists in the KGB detention centre in Minsk after the crackdown on the post-election protest demonstration in Minsk on December 19th, 2010. His actions constituted a clear violation of the human rights by denying the right to a fair trial and the international commitments of Belarus in the field of human rights.
9.

Traulka Pavel

Traulko Pavel

Траулька ПавелТраулько ПавелLieutenant Colonel, former operative of the military counter-intelligence of the KGB (currently head of the press service of the newly formed Investigative Committee of Belarus). He falsified evidence and used threats in order to extort confessions from opposition activists in the KGB detention centre in Minsk after the crackdown on the post-election protest demonstration in Minsk on December 19th, 2010. He was directly responsible for the use of cruel, inhuman or degrading treatment or punishments; and denying the right to a fair trial. His actions constituted a directviolation of the international commitments of Belarus in the field of human rights.
10.

Sukhau Dzmitri Viachaslavavich

(Sukhau Dzimitry Vyachyaslavavich)

Sukhov Dmitri Vyacheslavovich

(Sukhov Dmitry Viacheslavovich)

Сухаў Дзмiтрi ВячаслававiчСухов Дмитрий ВячеславовичLieutenant-Colonel, operative of the military counter-intelligence of the KGB, falsified evidence against and used threats in order to in order to extort confessions from opposition activists in the KGB detention centre in Minsk after the crackdown on the post-election protest demonstration in Minsk on December 19th, 2010. He was directly responsible for violating the fundamental human rights of political prisoners and opposition activists by the use of excessive force against them. His actions constituted a direct violation of the international commitments of Belarus in the field of human rights.
11.

Alinikau Siarhei Aliaksandravich

(Alinikau Siarhey Alyaksandravich)

Aleinikov Sergei Aleksandrovich

Алиникаў Сяргей АляксандравичАлeйникoв Сергей AлександровичMajor, head of operative unit of penal colony IK-17 in Shklov, pressured political prisoners by denying their rights to correspondence and meetings, issued orders to subject them to a stricter penal regime, searches, and made threats in order to extort confessions. He was directly responsible for violating the human rights of political prisoners and opposition activists by using excessive force against them. His actions constituted a direct violation of the international commitments of Belarus in the field of human rights.
12.

Shamionau Vadzim Iharavich

Shamenov Vadim Igorevich

(Shamyonov Vadim Igorevich)

Шамёнаў Вадзiм IгаравiчШамёнов Вадим ИгоревичCaptain, head of operative unit of penal colony IK-17 in Shklov. He pressured political prisoners, denying their rights to correspondence, and made threats in order to extort confessions. Directly responsible for violating the human rights of political prisoners and opposition activists by the use of cruel, inhuman or degrading treatment or punishments. His actions constituted a directviolation of the international commitments of Belarus in the field of human rights.

Entities

NamesTranscription of Belarusian spellingTranscription of Russian spellingNames(Belarusian spelling)Names(Russian spelling)Identifying informationReasons
1.LLC Delovaya SetООО Деловая сетьEntity controlled by Vladimir Peftiyev.
2.CJSC Sistema investicii i inovaciiЗАО Системы инвестиций и инновацийEntity controlled by Vladimir Peftiyev.
3.PUC Sen-KoЧУП Сен-КоEntity controlled by Vladimir Peftiyev.
4.PUC BT InvestЧУП БТ ИнвестEntity controlled by Vladimir Peftiyev.
5.The Spirit and Vodka Company AquadivМалиновщизненский спиртоводочный завод АквадивEntity controlled by Vladimir Peftiyev.
6.Beltekh HoldingБелтех ХолдингEntity controlled by Vladimir Peftiyev.
7.SpetspriborserviceСпецприборсервисEntity controlled by Vladimir Peftiyev.
8.TekhnosoyuzpriborТехносоюзприборEntity controlled by Vladimir Peftiyev.
9.LLC TripleООО ТРАЙПЛ

Pobediteley Avenue 51/2, Room 15 220035 Minsk

Республика Беларусь, 220035 Минск, проспект Победителей, дом 51, корпус 2, помещение 15

Holding company of Iury Chyzh. Iury Chyzh provides financial support to the Lukashenka regime, notably through his holding company LLC Triple.
10.JLLC NeftekhimtradingСООО НефтеХимТрейдингRegistered 2002, MinskSubsidiary of LLC Triple.
11.CJSC AskargoterminalЗАО АскарготерминалSubsidiary of LLC Triple.
12.LLC Triple Metal TradeООО ТрайплметаллтрейдSubsidiary of LLC Triple.
13.JSC Berezovsky KSIОАО Березовский комбинат силикатных изделийSubsidiary of LLC Triple.
14.JV LLC Triple-TechnoСП ООО Трайпл-ТехноSubsidiary of LLC Triple.
15.JLLC VariantСООО ВариантSubsidiary of LLC Triple.
16.JLLC Triple-DekorСООО Трайпл-ДекорSubsidiary of LLC Triple.
17.JCJSC QuartzMelPromСЗАО КварцмелпромSubsidiary of LLC Triple.
18.JCJSC AltersolutionsСЗАО АльтерсолюшнсSubsidiary of LLC Triple.
19.JCJSC ProstoremarketСЗАО ПростомаркетSubsidiary of LLC Triple.
20.JLLC AquaTripleСП ООО АкватрайплSubsidiary of LLC Triple.
21.LLC Rakowski browarООО Ракаўскi броварSubsidiary of LLC Triple.
22.MSSFC LogoyskГСОК ЛогойскSubsidiary of LLC Triple.
23.Triple-Agro ACCТрайпл-АгроSubsidiary of LLC Triple.
24.CJCS Dinamo-MinskЗАО ФК Динамо-МинскSubsidiary of LLC Triple.
25.JLLC TriplepharmСООО ТрайплфармSubsidiary of LLC Triple.
26.LLC Triple-VelesООО ТрайплфармSubsidiary of LLC Triple.
27.Univest-MЮнивестEntity controlled by Anatoly Ternavsky
28.FLLC Unis OilИООО Юнис ОйлSubsidiary of Univest-M.
29.JLLC UnivestStroyInvestСООО ЮнивестСтройИнвестSubsidiary of Univest-M.