1. All funds, other financial assets and economic resources owned or controlled, directly or indirectly, by natural or legal persons, groups, entities and bodies:
(a)
supporting, materially or financially, Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof;
(b)
participating in the financing of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof, or in the financing of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of them;
(c)
participating in the planning, preparation or enabling of violent actions by, in conjunction with, under the name of, on behalf of, or in support of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof;
(d)
supplying, selling or transferring arms and related materiel to Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof;
(e)
supporting, materially or financially, or implementing actions which undermine or threaten the stability or security of Israel, in conjunction with, under the name of, on behalf of, or in support of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof;
(f)
being involved or complicit in ordering or committing serious violations of international humanitarian law or human rights law on behalf or in the name of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivate thereof;
(g)
inciting or publicly provoking acts of serious violence by, in conjunction with, under the name of, on behalf of, or in support of Hamas, PIJ, any other affiliated group or any cell, affiliate, splinter group or derivative thereof;
(h)
providing support to natural or legal persons, groups, entities or bodies engaged in activities referred to in points (a) to (g);
as listed in the Annex, shall be frozen.
2. No funds, other financial assets or economic resources shall be made available, directly or indirectly, to or for the benefit of the natural or legal persons, groups, entities and bodies listed in the Annex.
3. By way of derogation from paragraphs 1 and 2, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources concerned are:
(a)
necessary to satisfy the basic needs of the persons listed in the Annex and their dependent family members, including payments for foodstuffs, rent or mortgages, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
(b)
intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;
(c)
intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources;
(d)
necessary for extraordinary expenses, provided that the competent authority concerned has notified the competent authorities of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted at least two weeks prior to the authorisation; or
(e)
to be paid into or from an account of a diplomatic or consular mission or an international organisation enjoying immunities in accordance with international law, insofar as such payments are intended to be used for official purposes of the diplomatic or consular mission or international organisation.
The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph within two weeks of such authorisation.
4. By way of derogation from paragraph 1, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources, provided that the following conditions are met:
(a)
the funds or economic resources are subject of an arbitral decision rendered prior to the date on which the natural or legal person, group, entity or body referred to in paragraph 1 was listed in the Annex, of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to, on or after that date;
(b)
the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;
(c)
the decision is not for the benefit of a natural or legal person, group, entity or body listed in the Annex; and
(d)
recognising the decision is not contrary to public policy in the Member State concerned.
The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under this paragraph within two weeks of such authorisation.
5. Paragraph 1 shall not prevent a designated natural or legal person, group, entity or body from making a payment due under a contract entered into before the listing of such a natural or legal person, group, entity or body, provided that the relevant Member State has determined that the payment is not directly or indirectly received by a natural or legal person, group, entity or body referred to in paragraph 1.
6. Paragraph 2 shall not apply to the addition to frozen accounts of:
(a)
interest or other earnings on those accounts, provided that such interest or other earnings remain subject to the measures provided for in paragraph 1;
(b)
payments due under contracts, agreements or obligations that were concluded or that arose prior to the date on which those accounts became subject to the measures provided for in paragraphs 1 and 2, provided that such payments remain subject to the measures provided for in paragraph 1; or
(c)
payments due under judicial, administrative or arbitral decisions rendered in the Union or enforceable in the Member State concerned, provided that such payments remain subject to the measures provided for in paragraph 1.
7. Paragraphs 1 and 2 shall not apply to the provision, processing or payment of funds, other financial assets or economic resources or to the provision of goods and services which are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:
(a)
the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;
(b)
international organisations;
(c)
humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;
(d)
bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs;
(e)
organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate or which are certified or recognised by a Member State in accordance with national procedures;
(f)
Member States’ specialised agencies; or
(g)
the employees, grantees, subsidiaries, or implementing partners of the entities referred to in points (a) to (f) while and to the extent that they are acting in those capacities.
8. Without prejudice to paragraph 7, and by way of derogation from paragraphs 1 and 2, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the provision of such funds or economic resources is necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs.
9. In the absence of a negative decision, a request for information or a notification for additional time from the competent authority within five working days of the date of receipt of a request for authorisation under paragraph 8, the authorisation shall be considered granted.
The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under this Article within four weeks of the authorisation.
