| (3) | Article 3 is replaced by the following:
‘Article 3
1. Article 1 shall not apply to the provision of financing or financial assistance related to military activities, for any sale, supply, transfer or export of, or technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union intended solely for the support of, or use by:
| (a) | the Government of the Federal Republic of Somalia (GFRS), the Somali National Army (SNA), the National Intelligence and Security Agency (NISA), the Somali National Police Force (SNPF) or the Somali Custodial Corps; |
| (b) | United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM) and the United Nations Support Office in Somalia (UNSOS); |
| (c) | the African Union Transition Mission in Somalia (ATMIS) and its Troop- and Police-Contributing Countries, as well as its strategic partners, operating solely under the latest African Union Strategic Concept of Operations, and in cooperation and coordination with ATMIS; |
| (d) | the European Union training and support activities, Türkiye, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, as well as any other State forces, with a status of forces agreement or a memorandum of understanding with the GFRS, provided they inform the Sanctions Committee about the existence of such agreements. |
2. By way of derogation from Article 1, the competent authorities of the Member States may authorise the provision of financing or financial assistance related to military activities, for any sale, supply, transfer or export of, or technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union intended solely for the support of, or use by, Somalia’s Federal Member States and regional governments or to licenced private security companies operating in Somalia provided that the following conditions are met:
| (a) | in relation to goods and technology included in Annex IV, the Sanctions Committee has received a notification from the GFRS and has not objected to that course of action within five working days; |
| (b) | in relation to goods and technology included in Annex V, the Sanctions Committee has received a prior notification from the GFRS for information purposes five working days in advance. |
3. Notifications under paragraph 2, points (a) and (b), of this Article shall include:
| (a) | details of the manufacturer and supplier of the weapons, ammunition and military equipment, including the type, the lot or batch and serial numbers; |
| (b) | a description of the arms and ammunition including the type, calibre and quantity; |
| (c) | the proposed date and place of delivery; and |
| (d) | all relevant information concerning the intended destination unit, or the intended place of storage. |
4. Article 1 shall not apply to the provision of financing or financial assistance or technical assistance related to:
| (a) | the sale, supply, transfer or export of protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by United Nations personnel, representatives of the media, private security contractors or humanitarian and development workers and associated personnel for their personal use only; |
| (b) | the sale, supply, transfer or export of non-lethal military equipment by Member States, or international, regional or subregional organisations intended solely for humanitarian or protective use; |
| (c) | the entry into Somali ports for temporary visits of vessels carrying weapons or military equipment for defensive purposes, provided that such items remain at all times aboard those vessels.’ |
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