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Document 02024D0254-20241218
Council Decision (CFSP) 2024/254 of 12 January 2024 concerning restrictive measures in view of the situation in Guatemala
Consolidated text: Council Decision (CFSP) 2024/254 of 12 January 2024 concerning restrictive measures in view of the situation in Guatemala
Council Decision (CFSP) 2024/254 of 12 January 2024 concerning restrictive measures in view of the situation in Guatemala
02024D0254 — EN — 18.12.2024 — 002.001
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COUNCIL DECISION (CFSP) 2024/254 of 12 January 2024 concerning restrictive measures in view of the situation in Guatemala (OJ L 254 15.1.2024, p. 1) |
Amended by:
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Official Journal |
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L 457 |
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2.2.2024 |
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L 3198 |
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17.12.2024 |
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COUNCIL DECISION (CFSP) 2024/254
of 12 January 2024
concerning restrictive measures in view of the situation in Guatemala
Article 1
The Annex shall include natural persons:
responsible for, engaging in, providing support to, or benefitting from actions that undermine democracy, the rule of law or the peaceful transfer of power in Guatemala, including:
persecution or intimidation of public officials or public institutions involved in or supporting the electoral process, of democratically-elected authorities or of the democratic opposition in Guatemala;
repression, persecution or intimidation of representatives of civil society or of the media, or of judges, lawyers or prosecutors;
undermining democracy or the rule of law in Guatemala through serious financial misconduct concerning public funds or the unauthorised export of capital;
associated with the natural persons designated under points (a) and (b) above.
Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:
as a host country of an international intergovernmental organisation;
as a host country to an international conference convened by, or under the auspices of, the United Nations (UN);
under a multilateral agreement conferring privileges and immunities; or
under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (Vatican City State) and Italy.
Article 2
The Annex shall include natural or legal persons, entities or bodies:
responsible for, engaging in, providing support to, or benefitting from, actions that undermine democracy, the rule of law or the peaceful transfer of power in Guatemala, including:
persecution or intimidation of public officials or public institutions involved in or supporting the electoral process, of democratically-elected authorities or of the democratic opposition in Guatemala;
repression, persecution or intimidation of representatives of civil society or of the media, or of judges, lawyers or prosecutors;
undermining democracy or the rule of law in Guatemala through serious financial misconduct concerning public funds or the unauthorised export of capital;
associated with the natural persons designated under points (a) and (b) above.
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:
necessary to satisfy the basic needs of the persons listed in the Annex and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;
intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources;
necessary for extraordinary expenses, provided that the competent authority 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 2 weeks prior to the authorisation; or
to be paid into or from an account of a diplomatic mission or consular post 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 mission or consular post or international organisation.
The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph within 2 weeks of the authorisation.
By way of derogation from paragraph 1, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, provided that the following conditions are met:
the funds or economic resources are the subject of an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in paragraph 1 was listed in the Annex, or of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to or after that date;
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;
the decision is not for the benefit of a natural or legal person, entity or body listed in the Annex; and
recognition of 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 authorisation granted under this paragraph within 2 weeks of the authorisation.
Paragraph 2 shall not apply to the addition to frozen accounts of:
interest or other earnings on those accounts;
payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to the measures provided for in paragraphs 1 and 2; or
payments due under judicial, administrative or arbitral decisions rendered in the Union or enforceable in the Member State concerned, provided that any such interest, other earnings and payments remain subject to the measures provided for in paragraph 1.
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:
the UN, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;
international organisations;
humanitarian organisations having observer status with the UN General Assembly and members of those humanitarian organisations;
bilaterally or multilaterally-funded non-governmental organisations participating in the UN Humanitarian Response Plans, UN Refugee Response Plans and other UN appeals or humanitarian clusters coordinated by the UN Office for the Coordination of Humanitarian Affairs;
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;
Member States’ specialised agencies; or
the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (f) while, and to the extent that, they are acting in those capacities.
Article 3
Article 4
Article 5
The Council and the High Representative shall process personal data in order to carry out their tasks under this Decision, in particular:
as regards the Council, for preparing and making amendments to the Annex;
as regards the High Representative, for preparing amendments to the Annex.
Article 6
No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Decision, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, in particular a claim for extension or payment of a bond, guarantee or indemnity, in particular a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:
designated natural or legal persons, entities or bodies listed in the Annex;
any natural or legal person, entity or body acting through or on behalf of one of the natural or legal persons, entities or bodies referred to in point (a).
Article 7
It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions set out in this Decision.
Article 8
In order to maximise the impact of the measures set out in this Decision, the Union shall encourage third States to adopt restrictive measures similar to those provided for in this Decision.
Article 9
This Decision shall apply until 13 January 2026.
This Decision shall be kept under constant review. It shall be renewed, or amended, as appropriate, if the Council deems that its objectives have not been met.
In reviewing restrictive measures taken pursuant to Article 1(2)(b) and Article 2(3)(b), the Council shall take into account as appropriate whether the persons in question are subject to judicial proceedings or not in respect of the conduct for which they were listed.
The exceptions referred to in Article 2(8), (9) and (10) as regards Article 2(1) and (2) shall be reviewed at regular intervals and at least every 12 months or, following a fundamental change in circumstances, at the urgent request of any Member State, the High Representative or the Commission.
Article 10
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
ANNEX
LIST OF NATURAL AND LEGAL PERSONS, ENTITIES AND BODIES REFERRED TO IN ARTICLES 1 AND 2
A. Persons
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Name |
Identifying information |
Reasons for listing |
Date of listing |
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1. |
María Consuelo PORRAS ARGUETA DE PORRES |
Position(s): Attorney General of Guatemala, Head of the Public Ministry (Ministerio Público) of Guatemala DOB: 23.8.1953 Nationality: Guatemalan National identification number: 242159605 (passport) Gender: female |
In her position as Attorney General of Guatemala, the highest civil servant in the Public Ministry (Ministerio Público) of Guatemala (equivalent to Head of the Public Prosecutor’s Office or Chief Prosecutor), María Consuelo Porras Argueta De Porres (a.k.a. ‘Porras’) is involved in efforts to overturn the results of the first and second rounds of elections held in June and August 2023, including through spurious criminal investigations targeting the Supreme Electoral Tribunal, the political party Movimiento Semilla and President Arévalo. Furthermore, under her leadership the Public Ministry has brought arbitrary proceedings against independent journalists, prosecutors, judges, and civil society activists including indigenous leaders and students. She is therefore responsible for undermining democracy, the rule of law and the peaceful transfer of power in Guatemala. |
2.2.2024 |
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2. |
Ángel Arnoldo PINEDA ÁVILA |
Position(s): Secretary-General of the Public Ministry (Ministerio Público) of Guatemala DOB: 10.5.1975 Nationality: Guatemalan National identification number: 238937186 (passport) Gender: male |
Ángel Arnoldo Pineda Ávila is the Secretary-General of the Public Ministry (Ministerio Público) of Guatemala (equivalent to the Public Prosecutor’s Office). He is second-in-command in the Public Ministry after the Attorney General, and Head of the General Secretariat of that institution. In that position, Ángel Arnoldo Pineda Ávila is involved in efforts to overturn the results of the first and second round of elections held in June and August 2023, including through spurious criminal investigations targeting the Supreme Electoral Tribunal, the political party Movimiento Semilla and President Arévalo. In December 2023, he participated in a press conference where the Public Ministry presented claims that the outcome of the first round of elections in June 2023 was invalid. He is therefore responsible for undermining democracy, the rule of law and the peaceful transfer of power in Guatemala. |
2.2.2024 |
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3. |
José Rafael CURRUCHICHE CUCUL |
Position(s): Head of the Special Prosecution Office Against Impunity, Public Ministry (Ministerio Público) of Guatemala DOB: 28.7.1970 Nationality: Guatemalan National identification number: 229488307 (passport) Gender: male |
José Rafael Curruchiche Cucul is the Head of the Special Prosecution Office Against Impunity (FECI), which operates under the Public Ministry (Ministerio Público) of Guatemala (equivalent to the Public Prosecutor’s Office). Under his leadership, the FECI spearheaded the on-going investigation into the creation of the political party Movimiento Semilla of President Arévalo. He personally participated in the raid by the Public Ministry of the premises of the Supreme Electoral Tribunal that entailed the opening of sealed ballot boxes. Additionally, he was involved in the request for the suspension of the legal personality of Movimiento Semilla in July 2023. Furthermore, in December 2023 he participated in a press conference where the Public Ministry presented claims that the outcome of the first round of elections in June 2023 was invalid. Through those actions, José Rafael Curruchiche Cucul is involved in efforts to overturn the results of the 2023 elections in Guatemala. He is therefore responsible for undermining democracy, the rule of law and the peaceful transfer of power in Guatemala. |
2.2.2024 |
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4. |
Leonor Eugenia MORALES LAZO DE SÁNCHEZ |
Position(s): Prosecutor at the Special Prosecution Office Against Impunity, Public Ministry (Ministerio Público) of Guatemala DOB: 19.9.1979 Nationality: Guatemalan National identification number: 2227901800101 Gender: female |
Leonor Eugenia Morales Lazo De Sánchez is a prosecutor in the Special Prosecution Office Against Impunity (FECI), which operates under the Public Ministry (Ministerio Público) of Guatemala (equivalent to the Public Prosecutor’s Office). She is directly involved in the on-going investigation into the creation of the political party Movimiento Semilla of President Arévalo. Following the second round of Presidential elections in August 2023, she participated in the raid by the Public Ministry of the premises of the Supreme Electoral Tribunal that entailed the opening of sealed ballot boxes. She also participated in a press conference in December 2023 where the Public Ministry presented claims that the outcome of the first round of elections in June 2023 was invalid. Through those actions, Leonor Eugenia Morales Lazo De Sánchez is involved in efforts to overturn the results of the 2023 elections in Guatemala. She is therefore responsible for undermining democracy, the rule of law and the peaceful transfer of power in Guatemala. |
2.2.2024 |
|
5. |
Fredy Raúl ORELLANA LETONA |
Position(s): First Instance Criminal Judge of the Seventh Court Date of birth: 4.11.1982 Nationality: Guatemalan National identification number: 253127548 (passport) Gender: male |
As First Instance Criminal Judge of the Seventh Court, Fredy Raúl Orellana Letona is responsible for supervising and authorising the actions of the Special Prosecutor’s Office Against Impunity (FECI), which operates under the Public Ministry (Ministerio Público) of Guatemala (equivalent to the Public Prosecutor’s Office), investigating alleged irregularities in the creation of the political party Movimiento Semilla, whose candidate won the second round of the presidential elections in Guatemala in August 2023. As supervising judge, Fredy Raúl Orellana Letona authorised raids at the headquarters of Movimiento Semilla in July 2023 and the premises of the Supreme Electoral Tribunal in July and September 2023. He also ordered the provisional suspension of the legal personality of Movimiento Semilla and denied access to the case file for the defence. He has enabled FECI’s actions to prosecute elected authorities and the magistrates of the Supreme Electoral Tribunal. Through those actions, Fredy Raúl Orellana Letona is involved in efforts to overturn the results of the 2023 elections in Guatemala. He is therefore responsible for undermining democracy, the rule of law and the peaceful transfer of power in Guatemala. |
2.2.2024 |
( 1 ) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).