Restrictive measures in view of the situation in Haiti

SUMMARY OF:

Decision (CFSP) 2022/2319 concerning restrictive measures in view of the situation in Haiti

Regulation (EU) 2022/2309 concerning restrictive measures in view of the situation in Haiti

WHAT IS THE AIM OF THE DECISION AND THE REGULATION?

The decision and the regulation are part of the European Union’s (EU) common foreign and security policy (CFSP) tool box, promoting the CFSP objectives by providing the legal basis for EU ‘sanctions’ in view of the situation in Haiti.
They reinforce the United Nations (UN) sanctions against Haiti that were put in place in October 2022.

KEY POINTS

Bans and restrictions

The decision and the regulation include a range of bans and restrictions.

Targeted restrictions on people and entities deemed to be involved in violence, criminal activities or human rights abuses that threaten the peace, safety and security of Haiti. These restrictions include:
- a ban on the sale, supply, export or transfer of equipment or material related to military activities, such as firearms, ammunition and vehicles, to these people or entities;
- a ban on providing these people or entities with technical assistance in the use of such equipment or providing them with financial assistance;
- refusal of admission into EU territory;
- the freezing of funds and economic resources.
Inspection by EU Member States of all vessels and aircraft bound to or from Haiti and suspected of carrying banned items.

A list of the people and entities subject to the targeted restrictions, designated by the UN Security Council or Sanctions Committee, is set out in the annexes to the decision and regulation. The Council of the European Union can amend the list on the basis of determinations by the same UN bodies.

It should be noted that, when preparing the annexes, the Council, the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy may process, where applicable, relevant data relating to criminal offences, convictions and security measures related to those listed, only to the extent that such processing is necessary. The Council, the Commission service listed in Annex II to the regulation and the High Representative are designated as ‘controllers’ within the meaning of Regulation (EU) 2018/1725 (see summary), to ensure that those concerned can exercise their rights under that regulation.

Exceptions

The regulation and decision both contain a number of exceptions from these bans and restrictions, including:

the release of certain frozen assets for legitimate purposes;
travel on humanitarian grounds or where it would further the aim of peace and stability in Haiti.

Humanitarian exemptions

Following United Nations Security Council Resolution 2664 (2022), Council Regulation (EU) 2023/331 and Council Decision (CFSP) 2023/338 introduce into EU law an exemption to the sanctions in the form of asset freezes for humanitarian assistance and other activities that support basic human needs, applicable to certain people or entities.

FROM WHEN DO THE DECISION AND REGULATION APPLY?

Decision (CFSP) 2022/2319 and Regulation (EU) 2022/2309 have applied since 28 November 2022.

BACKGROUND

For further information, see:

EU delegation to Haiti (European External Action Service).

MAIN DOCUMENTS

Council Decision (CFSP) 2022/2319 of 25 November 2022 concerning restrictive measures in view of the situation in Haiti (OJ L 307, 28.11.2022, pp. 135–141).

Successive amendments to Decision (CFSP) 2022/2319 have been incorporated in the original text. This consolidated version is of documentary value only.

Council Regulation (EU) 2022/2309 of 25 November 2022 concerning restrictive measures in view of the situation in Haiti (OJ L 307, 28.11.2022, pp. 17–28).

See consolidated version.