Explanatory Memorandum to COM(2002)117 - Specific restrictive measures directed against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban, and repealing Council Regulation (EC) No 467/2001 prohibiting the export of certain goods and services to Afghanistan, strengthening the flight ban and extending the freeze of funds and other financial resources in respect of the Taliban of Afghanistan

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Further to Resolutions 1267(1999) and 1333(2000) of the Security Council of the United Nations, the Council decided to impose a number of sanctions in relation to Afghanistan by means of Council Regulation (EC) No 467/2001, including in particular a ban on flights to Afghanistan, a ban on certain exports to that country and a freezing of funds.

By means of Resolution 1390(2002) of 16 January 2002 the Security Council determined that the scope of both the financial measures and the prohibition to render services related to military activities, should be adjusted and that the remainder of these sanctions should be repealed. The adjusted financial measures and prohibition to render certain services target Usama bin Laden, the Al-Qaida network and the Taliban and a list of the persons, groups and entities concerned will be decided on by a UN Sanctions Committee. Taking into account that these measures are imposed in view of their role in international terrorism, without there being a link between the persons and groups concerned, and the new Government of Afghanistan, it is considered appropriate to adopt a new Regulation imposing such measures and to repeal the sanctions in relation to Afghanistan.

In view of the explicit mention of terrorism in the texts, this new Regulation has been aligned as much as possible with Council Regulation (EC) No 2580/2001, which provides the framework for specific restrictive measures with a view to combating terrorism, directed against persons, groups and entities that have not been the subject of a specific determination by the Security Council or a UN Sanctions Committee.