Article 3
1. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of natural persons who commit, or attempt to commit, terrorist acts or who participate in, or facilitate, the commission of terrorist acts, as listed in Annex III. 2. The list in Annex III shall be drawn up on the basis of precise information or material in the relevant file which indicates that a decision has been taken by a competent authority in respect of the natural or legal persons, groups or entities concerned, concerning the instigation of investigations or prosecution for a terrorist act, an attempt to perpetrate, participate in or facilitate such an act based on serious and credible evidence or clues, or condemnation for such deeds. 3. For the purposes of paragraph 2, ‘competent authority’ shall mean a judicial authority, or, where judicial authorities have no competence in the area covered by that paragraph, an equivalent competent authority in that area. 4. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of: (a) natural persons acting on behalf of, or under the direction of natural or legal persons, groups or entities listed in Annex I or III; (b) leading members of legal persons, groups or entities listed in Annex I; or (c) natural persons associated with natural or legal persons, groups or entities listed in Annex I or III, including by: (i) participating in the financing of terrorist acts committed by, in conjunction with, under the name of, on behalf of, or in support of a natural or legal persons, groups or entities listed in Annex I or III; (ii) participating in the planning, facilitating, preparing, or perpetrating terrorist acts committed by, in conjunction with, under the name of, on behalf of, or in support of a natural or legal persons, groups or entities listed in Annex I or III; (iii) providing or receiving terrorist training, such as instruction related to arms, explosive devices or other methods or technologies, for the benefit of natural or legal persons, groups or entities listed in Annex I or III; or (iv) being involved in recruitment for the benefit of a natural or legal persons, groups or entities for the purposes of planning, facilitating, preparing, or perpetrating terrorist acts listed in Annex I or III, as listed in Annex IV. 5. Paragraphs 1 and 4 shall not oblige a Member State to refuse its own nationals entry into its territory. 6. Paragraphs 1 and 4 shall be without prejudice to cases where a Member State is bound by an obligation of international law, namely: (a) as a host country of an international intergovernmental organisation; (b) as a host country to an international conference convened by, or under the auspices of, the United Nations; (c) under a multilateral agreement conferring privileges and immunities; or (d) pursuant to the 1929 Treaty of Conciliation (Lateran Pact) concluded by the Holy See (Vatican City State) and Italy. 7. Paragraph 6 shall also apply in cases where a Member State is the host country of the Organization for Security and Cooperation in Europe (OSCE). 8. The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraph 6 or 7. 9. Member States may grant exemptions from the measures imposed under paragraph 1 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings or meetings promoted or hosted by the Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes the policy objectives of restrictive measures. 10. Member States may also grant exemptions from the measures imposed under paragraphs 1 and 4 where entry or transit is necessary for the fulfilment of a judicial process or for the serving of a judicial sentence in a detention centre in a Member State. 11. A Member State wishing to grant exemptions referred to in paragraph 9 or 10 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the Council members raises an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more of the Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption. 12. Where, pursuant to paragraph 6, 7, 9, 10 or 11, a Member State authorises the entry into, or transit through, its territory of natural persons listed in Annex III or IV, the authorisation shall be strictly limited to the purpose for which it is given and to the natural persons directly concerned thereby.