This document is an excerpt from the EUR-Lex website
Document 02022R2309-20240115
Council Regulation (EU) 2022/2309 of 25 November 2022 concerning restrictive measures in view of the situation in Haiti
Consolidated text: Council Regulation (EU) 2022/2309 of 25 November 2022 concerning restrictive measures in view of the situation in Haiti
Council Regulation (EU) 2022/2309 of 25 November 2022 concerning restrictive measures in view of the situation in Haiti
02022R2309 — EN — 15.01.2024 — 004.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
|
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, p. 17) |
Amended by:
|
|
|
Official Journal |
||
|
No |
page |
date |
||
|
L 47 |
1 |
15.2.2023 |
||
|
L 192 |
1 |
31.7.2023 |
||
|
COUNCIL IMPLEMENTING REGULATION (EU) 2023/2573 of 13 November 2023 |
L |
1 |
14.11.2023 |
|
|
COUNCIL IMPLEMENTING REGULATION (EU) 2024/291 of 12 January 2024 |
L |
1 |
15.1.2024 |
|
COUNCIL REGULATION (EU) 2022/2309
of 25 November 2022
concerning restrictive measures in view of the situation in Haiti
Article 1
For the purposes of this Regulation, the following definitions apply:
‘claim’ means any claim, whether asserted by legal proceedings or not, made before or after 28 November 2022, under or in connection with a contract or transaction, and in particular:
a claim for performance of any obligation arising under or in connection with a contract or transaction;
a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form;
a claim for compensation in respect of a contract or transaction;
a counterclaim;
a claim for the recognition or enforcement, including by the procedure of exequatur, of a judgment, an arbitration award or an equivalent decision, wherever made or given;
‘contract or transaction’ means any transaction of whatever form and whatever the applicable law, whether comprising one or more contracts or similar obligations made between the same or different parties; for this purpose ‘contract’ includes a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, and credit, whether legally independent or not, as well as any related provision arising under, or in connection with, the transaction;
‘competent authorities’ means the competent authorities of the Member States as identified on the websites listed in Annex II;
‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds, but which may be used to obtain funds, goods or services;
‘freezing of economic resources’ means preventing the use of economic resources to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them;
‘freezing of funds’ means preventing any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management;
‘funds’ means financial assets and benefits of every kind, including, but not limited to:
cash, cheques, claims on money, drafts, money orders and other payment instruments;
deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;
publicly and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivative contracts;
interest, dividends or other income on or value accruing from or generated by assets;
credit, right of set-off, guarantees, performance bonds or other financial commitments;
letters of credit, bills of lading, bills of sale;
documents showing evidence of an interest in funds or financial resources;
‘Sanctions Committee’ means the Committee of the United Nations Security Council established pursuant to paragraph 19 of UNSCR 2653 (2022);
‘technical assistance’ means any technical support related to repairs, development, manufacture, assembly, testing, maintenance or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services, including verbal forms of assistance;
‘territory of the Union’ means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty, including their airspace.
Article 2
It shall be prohibited to:
provide technical assistance related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts therefor, directly or indirectly to any natural or legal person, entity or body listed in Annex I or Annex Ia;
provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of arms and related materiel, or for the provision of related technical assistance, directly or indirectly to any natural or legal person, entity or body listed in Annex I or Annex Ia.
Article 3
Article 4
Annex I shall include natural or legal persons, entities and bodies identified by the United Nations Security Council (the ‘Security Council’) or the Sanctions Committee as being responsible for or complicit in, or having engaged in, directly or indirectly, actions that threaten the peace, security or stability of Haiti, including but not limited to natural or legal persons having threatened the peace, security or stability of Haiti through any of the following actions:
engaging in, directly or indirectly, or supporting criminal activities and violence involving armed groups and criminal networks that promote violence, including forcible recruitment of children by such groups and networks, kidnappings, trafficking in persons and the smuggling of migrants, and homicides and sexual and gender-based violence;
supporting illicit trafficking and diversion of arms and related materiel, or illicit financial flows related thereto;
acting for or on behalf of or at the direction of or otherwise supporting or financing a person or entity designated in connection with the activity described in points (a) and (b), including through the direct or indirect use of the proceeds from organised crime, including proceeds from illicit production and trafficking in drugs and their precursors originating in or transiting through Haiti, the trafficking in persons and the smuggling of migrants from Haiti or the smuggling and trafficking of arms to or from Haiti;
acting in violation of the arms embargo established in paragraph 11 of UNSCR 2653 (2022), or as having directly or indirectly supplied, sold, or transferred to armed groups or criminal networks in Haiti, or as having been the recipient of, arms or any related materiel, or any technical advice, training or assistance, including financing and financial assistance, related to violent activities of armed groups or criminal networks in Haiti;
planning, directing, or committing acts that violate international human rights law or acts that constitute human rights abuses, including those involving extrajudicial killing, including of women and children, and the commission of acts of violence, abduction, enforced disappearances or kidnappings for ransom in Haiti;
planning, directing or committing acts involving sexual and gender-based violence, including rape and sexual slavery, in Haiti;
obstructing delivery of humanitarian assistance to Haiti or access to, or distribution of, humanitarian assistance in Haiti;
attacking personnel or premises of United Nations missions and operations in Haiti, or providing support for such attacks.
Article 4a
Annex Ia shall include the natural or legal persons, entities or bodies designated by the Council that are:
responsible for or complicit in, or having engaged in, directly or indirectly, actions that threaten the peace, stability and security of Haiti, including:
engaging in, directly or indirectly, or supporting criminal activities and violence involving armed groups and criminal networks that promote violence, including forcible recruitment of children by such groups and networks, kidnappings, trafficking in persons and the smuggling of migrants, and homicides and sexual and gender-based violence;
supporting illicit trafficking and diversion of arms and related materiel, or illicit financial flows related thereto;
acting for or on behalf of or at the direction of, or otherwise supporting or financing, a person or entity designated in connection with the activity described in points (i) and (ii), including through the direct or indirect use of the proceeds from organised crime, including proceeds from illicit production and trafficking in drugs and their precursors originating in or transiting through Haiti, the trafficking in persons and the smuggling of migrants from Haiti, or the smuggling and trafficking of arms to or from Haiti;
acting in violation of the arms embargo, or having directly or indirectly supplied, sold or transferred to armed groups or criminal networks in Haiti, or having been the recipient of, arms or any related materiel, or any technical advice, training or assistance, including financing and financial assistance, related to violent activities of armed groups or criminal networks in Haiti;
planning, directing or committing acts that violate international human rights law or acts that constitute human rights abuses, including those involving extrajudicial killing, including of women and children, and the commission of acts of violence, abduction, enforced disappearances or kidnappings for ransom in Haiti;
planning, directing or committing acts involving sexual and gender-based violence, including rape and sexual slavery, in Haiti;
obstructing the delivery of humanitarian assistance to Haiti or access to, or the distribution of, humanitarian assistance in Haiti;
attacking personnel or premises of Union delegations and Member State diplomatic missions and operations in Haiti, or providing support for such attacks;
undermining democracy or the rule of law in Haiti through serious financial misconduct concerning public funds or the unauthorised export of capital; or
associated with natural or legal persons, entities or bodies designated under points (a) and (b).
Article 5
Article 3(1) and (2) shall not apply to the making available of funds or economic resources 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 United Nations, 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 United Nations General Assembly and members of those humanitarian organisations;
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 (OCHA);
the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or
other appropriate actors as determined by the Sanctions Committee as regards Annex I and by the Council as regards Annex Ia.
Article 6
By way of derogation from Article 3, the competent authorities 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 natural or legal persons, entities or bodies listed in Annex I or Annex Ia, and dependent family members of such natural persons, including payments for food, rent or mortgage, medicines and medical treatment, taxes, insurance premiums and public utility charges;
intended exclusively for the payment of reasonable professional fees or the reimbursement of incurred expenses associated with the provision of legal services;
intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources,
where the authorisation concerns a natural or legal person, entity or body listed in Annex I and provided that the competent authority of the Member State concerned has notified the Sanctions Committee of that determination and of its intention to grant an authorisation, and in the absence of a negative decision by the Sanctions Committee within 5 working days of such notification.
By way of derogation from Article 3, 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 for extraordinary expenses, provided that:
where the authorisation concerns a natural or legal person, entity or body listed in Annex I, such determination has been notified to the Sanctions Committee by the competent authority of the Member State concerned and that the determination has been approved by that Committee; and
where the authorisation concerns a natural or legal person, entity or body listed in Annex Ia, the Member State concerned has notified 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 granting the authorisation.
Article 6a
Article 6b
Article 7
By way of derogation from Article 3(1), the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources for natural or legal persons, entities or bodies listed in Annex I or Annex Ia, or the making available of certain funds or economic resources for natural or legal persons, entities or bodies listed in Annex I or Annex Ia, if the following conditions are met:
the funds or economic resources are the subject of:
for a natural or legal person, entity or body listed in Annex I, a judicial, administrative or arbitral decision established prior to the date on which the natural or legal person, entity or body referred to in Article 4 was included in Annex I, or of a judicial, administrative or arbitral lien rendered prior to that date;
for a natural or legal person, entity or body listed in Annex Ia, an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in Article 4a was included in Annex Ia, 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 a decision as referred to in point (a) 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 or lien is not for the benefit of a natural or legal person, entity or body listed in Annex I or Annex Ia;
the recognition of the decision or lien is not contrary to public policy in the Member State concerned; and
for a natural or legal person, entity or body listed in Annex I, the Sanctions Committee has been notified by the Member State of the decision or lien.
Article 8
By way of derogation from Article 3(1) and provided that a payment by a natural or legal person, entity or body listed in Annex I or Annex Ia is due under a contract or agreement that was concluded by, or an obligation that arose for, the natural or legal person, entity or body concerned, before the date on which that natural or legal person, entity or body was included in Annex I or Annex Ia, the competent authorities of the Member States may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources, provided that the competent authority concerned has determined that:
the funds or economic resources will be used for a payment by a natural or legal person, entity or body listed in Annex I or Annex Ia; and
the payment is not in breach of Article 3(2).
Article 9
Article 3(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 before the date on which the natural or legal person, entity or body referred to in Article 4 was included in Annex I or Annex Ia; or
payments due to a natural or legal person, entity or body listed in Annex Ia 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 are frozen in accordance with Article 3.
Article 10
Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, natural and legal persons, entities and bodies shall:
supply immediately any information which would facilitate compliance with this Regulation, such as information on accounts and amounts frozen in accordance with Article 3(1), to the competent authority of the Member State where they are resident or located, and transmit such information, directly or through the Member State, to the Commission; and
cooperate with the competent authority in any verification of the information referred to in point (a).
Article 11
Natural or legal persons, entities or bodies listed in Annex I or Annex Ia shall:
report before 9 January 2023 or within 6 weeks from the date of listing in Annex I, whichever is the latest, funds or economic resources within the jurisdiction of a Member State belonging to, owned, held or controlled by them, to the competent authority of the Member State where those funds or economic resources are located;
report before 9 September 2023 or within 6 weeks from the date of listing in Annex Ia, whichever is the latest, funds or economic resources within the jurisdiction of a Member State belonging to, owned, held or controlled by them, to the competent authority of the Member State where those funds or economic resources are located; and
cooperate with the competent authority in any verification of such information.
Article 12
Article 13
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 Regulation, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, notably a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:
natural or legal persons, entities or bodies listed in Annex I or Annex Ia;
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 14
The Commission and Member States shall inform each other of the measures taken under this Regulation and share any other relevant information at their disposal in connection with this Regulation, in particular information in respect of:
funds frozen under Article 3(1) and authorisations granted under Articles 6, 6a, 6b, 7 and 8;
violation and enforcement problems and judgments handed down by national courts.
Article 15
The Commission shall be empowered to amend Annex II on the basis of information supplied by Member States.
Article 16
The list set out in Annex Ia shall be reviewed at regular intervals and at least every 12 months.
Article 17
Article 18
The Council, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) shall process personal data in order to carry out their tasks under this Regulation. Those tasks include:
as regards the Council, preparing and making amendments to Annexes I and Ia;
as regards the High Representative, preparing amendments to Annexes I and Ia;
as regards the Commission:
adding the contents of Annexes I and Ia to the electronic, consolidated list of persons, groups and entities subject to Union financial sanctions and to the interactive sanctions map, both publicly available;
processing information on the impact of the measures provided for in this Regulation such as the value of frozen funds and information on authorisations granted by the competent authorities.
Article 19
Article 20
This Regulation shall apply:
within the territory of the Union, including its airspace;
on board any aircraft or vessel under the jurisdiction of a Member State;
to any natural person inside or outside the territory of the Union who is a national of a Member State;
to any legal person, entity or body, inside or outside the territory of the Union, which is incorporated or constituted under the law of a Member State;
to any legal person, entity or body in respect of any business done in whole or in part within the Union.
Article 21
This Regulation shall enter into force on the date of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
List of natural and legal persons, entities and bodies referred to in Article 2, 3 and 9
PERSONS
1. Jimmy CHERIZIER (a.k.a ‘Barbeque’) has engaged in acts that threaten the peace, security, and stability of Haiti and has planned, directed or committed acts that constitute serious human rights abuses. Jimmy Cherizier is one of Haiti’s most influential gang leaders and leads an alliance of Haitian gangs known as the ‘G9 Family and Allies’.
Function: Former Police Officer
DOB: 30 March 1977
POB: Port-au-Prince, Haiti
Nationality: Haitian
National identification no: 001-843-989-7 (NIF – Haiti)
Address: 16, Imp Manius, Delmas 40 B, Port-au-Prince, Haiti
Date of UN designation: 21 October 2022
Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
While serving as an officer in the Haitian National Police (HNP), Cherizier planned and participated in the November 2018 deadly attack against civilians in a Port-au-Prince neighbourhood known as La Saline. During this attack, at least 71 people were killed, over 400 houses were destroyed and at least seven women were raped by armed gangs. Throughout 2018 and 2019, Cherizier led armed groups in coordinated, brutal attacks in Port-au-Prince neighbourhoods. In May 2020, Cherizier led armed gangs in a five-day attack in multiple Port-au-Prince neighbourhoods in which civilians were killed and houses were set on fire. As of 11 October 2022, Cherizier and his ‘G9 Family and Allies’ gang confederation have been actively blocking the free movement of fuel from the Varreux fuel terminal – the largest in Haiti. His actions have directly contributed to the economic paralysis and humanitarian crisis in Haiti.
2. Johnson ANDRE (a.k.a. Izo). Listed pursuant to paragraph 15 of United Nations Security Council Resolution 2653 (2022) for the measures listed in paragraphs 3 and 6 of that Resolution, as further elaborated by paragraph 16(a), (e), (f) and (g) of that Resolution.
Function: leader of 5 Segond gang
DOB: 1997
POB: Port-au-Prince, Haiti
Nationality: Haitian
Date of UN designation: 8 December 2023
Gender: male
Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
Johnson Andre (aka ‘Izo’) is the main leader of the 5 Segond gang and has played an increasingly influential role within G-Pep alliance (see UN document S/2023/674, para 54). Under Andre’s leadership, 5 Segond has been involved in various criminal activities that threaten the peace, security, and stability of Haiti, including, rape, burglary, despoliation, kidnapping, drug trafficking, trafficking of weapons, and obstructing the delivery of humanitarian assistance (see UN document S/2023/674, Annex 4). Andre is also wanted by the Haitian National Police (HNP) for crimes including murder, kidnapping for ransom, illegal possession of firearms, vehicle theft, and hijacking of goods (see UN document S/2023/674, Annex 11).
With expansionist ambitions and substantial resources acquired through illicit activities, Andre has extended 5 Segond’s influence over the past three years, spreading violence in other areas of Port-au-Prince (see UN document S/2023/674, para 54). Moreover, the gang has carried out attacks against public institutions, including the Court of First Instance, which was ransacked in 2022 and currently remains under the control of the 5 Segond (see UN document S/2023/674, para 29).
Andre has used the maritime route to provide support to his gang’s northern cells, as well as to the Canaan gang, and strategically operates from there, conducting kidnappings in the Delmas, Bon Repos and Lilavois areas, hijacking trucks and stealing goods. Between April 18 and June 23, 2023, four attacks resulting in the kidnapping of over 30 individuals were attributed to the 5 Segond gang (see UN document S/2023/674, para 64).
The gang’s activities have also severely disrupted the free movement of persons and vehicles along National Roads (NR) 1 and 2, as well as at sea, through acts of piracy. In October 2022, members of 5 Segond intensified the hijacking of freight trucks transporting containers of high value merchandise along NR1. Along NR2 in Martissant, 5 Segond carried out extortion operations (see UN document S/2023/674, para 79). This has restricted access to strategic points, stifled the local economy, and disrupted access to food and other critical goods, including humanitarian aid.
In November 2022, the 5 Segond gang took 38 hostages including 36 passengers and 2 drivers, who were in 2 minibuses at the station preparing to go to Miragoâne. In a video, Andre asserted that this kidnapping was in response to the death of one of his men.
The 5 Segond gang has exploited the fragile security environment to generate additional revenue through drug trafficking. Some sources indicated that drugs were shipped directly from South America to the Village de Dieu area, sometimes along with firearms. From Village-de-Dieu, Izo has the support of other gangs, such as Canaan, Gran Grif and Kokorat San Ras, to move drugs up to Port-de-Paix and out of the country (see UN document S/2023/674, para 121).
The Panel of Experts also identified rapes committed by the 5 Segond gang (see UN document S/2023/674, para 136).
3. Renel DESTINA (a.k.a. Ti Lapli). Listed pursuant to paragraph 15 of United Nations Security Council Resolution 2653 (2022) for the measures listed in paragraphs 3 and 6 of that Resolution, as further elaborated by paragraph 16(a), (e), (f) and (g) of that Resolution.
Function: leader of Grand Ravine gang
DOB: 11 June 1982
POB: Haiti
Nationality: Haitian
Date of UN designation: 8 December 2023
Gender: male
Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
Renel Destina (aka ‘Ti Lapli’) is the leader of the Grand Ravine gang and Johnson Andre’s key ally. Grand Ravine, composed of 300 members and an ally of G-Pep coalition, has been involved in various actions that threaten peace, security, and stability in Haiti (see UN document S/2023/674, paragraph 65).
Under Destina’s leadership, Grand Ravine gang has committed serious crimes including murder, rape, armed robbery, destruction of property, kidnapping for ransom, theft of vehicles, hijacking of trucks and goods, and spoliation (see UN document S/2023/674, para. 136, Annex 4). Destina is also wanted by the Haitian National Police for crimes including murder, vehicle theft, truck hijacking, illegal arms possession, and kidnapping for ransom (see UN document S/2023/674, Annex 18).
Since late 2022, the gang has tried to expand its territorial control over the neighborhoods of Carrefour-Feuilles and Savanne Pistache, committing crimes against residents and continuous attacks against the Haitian National Police such as killings, robberies, rapes, looting and burning of residences, and attacks on police officers. Two police officers were killed on August 4 and 14, 2023. On August 14, 2023, Grand Ravine attacked and rendered the Haitian electricity substation non-operational in the area. On August 15, 2023, approximately 1 020 households, comprising 4 972 individuals, had fled from Carrefour-Feuilles and Savane Pistache (see UN document S/2023/674, paragraph 65). On May 24, 2023, gunmen from Grand Ravine attacked the Carrefour-Feuilles area, killing a schoolboy (see UN document S/2023/674, Annex 40).
According to a November 7, 2022 Department of Justice press release, Destina was indicted on charges related to the kidnapping a U.S. victim in February 2021. The victim was held for approximately 14 days, during which time the victim was threatened daily at gunpoint, while his family attempted to secure funds for release.
According to an October 22, 2020 Haitian Times article, Destina announced on a radio broadcast that he had kidnapped Wolf Hall, the president of Titi Loto & T-Sound Lottery organization on October 18, 2020.
In addition, Grand Ravine has established control along the National Road 2 (NR2) connecting Port-au-Prince to the South, to collect revenue from extortion, hijacking of trucks, contraband, and other illicit activities (see UN document S/2023/674, paragraph 79). This has restricted access to strategic infrastructure and stifled the local economy by disrupting access to food and other critical goods, including humanitarian aid.
4. Wilson JOSEPH (a.k.a. Lanmo San Jou). Listed pursuant to paragraph 15 of United Nations Security Council Resolution 2653 (2022) for the measures listed in paragraphs 3 and 6 of that Resolution, as further elaborated by paragraph 16(a), (b), (d) and (e) of that Resolution.
Function: leader of 400 Mawozo gang
DOB: 28 February 1993
POB: Haiti
Nationality: Haitian
Date of UN designation: 8 December 2023
Gender: male
Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
Wilson Joseph (aka ‘Lanmo San Jou’), is the leader of the 400 Mawozo gang, which is an active gang in the Port-au-Prince metropolitan area, notably in Croix-des-Bouquets commune, and an ally of the G-Pep coalition of gangs (see UN document S/2023/674, Section III(A)(2.3)).
Wilson Joseph is responsible – either directly or through orders to his gang members – for the commission of human rights abuses and crimes, including those involving attacks against defenseless individuals causing death and injury, disrupting or impeding humanitarian aid (e.g. medical services), rape (including rape of minors), the recruitment of children, robbery, looting, and destruction of public property such as prisons and police stations, kidnapping, and hijacking of trucks (see UN document S/2023/674, Annex 4). These attacks have resulted in large numbers of internal displacements. Joseph is also wanted by the Haitian National Police for crimes including murder, attempted murder, vehicle theft, and kidnapping (see UN document S/2023/674, Annex 20).
On July 24, 2022, a Croix-des-Bouquets Police Commissioner was killed and mutilated by members of 400 Mawozo gang (see UN document S/2023/674, Annex 6). In February 2023, the Higgins Brothers Surgicenter for Hope in Fonds Parisien, located in an area controlled by 400 Mawozo, reported multiple incidents of surgeons, doctors, and nurses being shot, robbed, and kidnapped while on their way to work in the past two years (see UN document S/2023/674, Annex 44). Joseph is also implicated in the high-profile kidnapping case that occurred in October 2021, when 17 foreign Christian missionaries and family members, including five minors, were abducted in Haiti (see UN document S/2023/674, Annex 32).
400 Mawozo gang is actively involved in trafficking arms and ammunition (see UN document S/2023/674, para. 104). Several members known to be responsible for arms and ammunition trafficking have been arrested by the Haiti National Police, including in Malpasse on April 26, 2022, and Nippes in the southwest of the country on May 14, 2022 (see UN document S/2023/674, Annex 32). In May 2022, three Haitian nationals and one United States citizen were charged with firearms trafficking in support of 400 Mawozo in Haiti (see UN document S/2023/674, Annex 32).
5. Vitelhomme INNOCENT. Listed pursuant to paragraph 15 of United Nations Security Council Resolution 2653 (2022) for the measures listed in paragraphs 3 and 6 of that Resolution, as further elaborated by paragraph 16(a), (e) and (f) of that Resolution.
Function: leader of Kraze Barye gang
DOB: 27 March 1986
POB: Port-au-Prince, Haiti
Nationality: Haitian
National identification no: Haiti 004-341-263-3
Address: 64, Soisson, Tabarre 49, Port-au-Prince
Date of UN designation: 8 December 2023
Gender: male
Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:
Vitelhomme Innocent is the leader of the Kraze Barye gang, which has become one of the most powerful gangs in the Port-au-Prince metropolitan area, with an increasing number of fighters and semi-automatic weapons (see UN document S/2023/674, para. 66). Innocent has been involved in activities that threaten the peace, security, and stability of Haiti.
Under Innocent’s leadership, the Krazye Barye gang has committed human rights abuses involving murder rape, recruitment of children, and kidnapping for ransom, as well as other crimes such as armed robbery, destruction of property, theft of vehicles, spoilation of land, and destruction of property (see UN document S/2023/674, para. 141, Annex 4). Innocent is also wanted by the Haitian National Police for crimes including murder, attempted murder, rape, armed robbery vehicle theft, and kidnapping (see UN document S/2023/674, Annex 19)
Kraze Barye has targeted the Haitian National Police on multiple occasions, resulting in the deaths of several police officers and damage to police stations. Moreover, the populations of Petion-Ville, Kenscoff, Tabarre, Croix-des-Bouquets, and Delmas communes have repeatedly suffered attacks by Innocent’s gang over the past three years, which have contributed to displacement of thousands of people. He has continued to commit abuses against the police and the population, including those involving the spoliation of land and property, killings, looting, stealing and kidnapping of influential individuals (see UN document S/2023/674, para 66).
In July 2023, the Kraze Barye gang continued to attack, kill, and rape residents of Fort-Jacques, Truitier and Dumornay. As of 10 August 2023, Kraze Barye’s attacks had resulted in the displacement of around 2 000 people, including 229 minors (see UN document S/2023/674, para. 151).
Innocent has conducted targeted kidnappings against prominent figures, such as the regional director of APN port of Cap-Haïtien, the director of a private television station on ‘Route des Freres’, the director of the ‘Radio Commerciale d’Haiti,’ as well as a famous journalist and the former president of the Provisional Electoral Commission, among others (see UN document S/2023/674, Annex 22). Innocent was indicted on charges related to the October 2022 armed hostage taking, in Haiti, of two U.S. citizens, one of whom was killed during the event (Press release, United States Attorney’s Office, District of Columbia, October 24, 2023).
ANNEX Ia
List of natural and legal persons, entities and bodies referred to in Article 4a
ANNEX II
Websites for information on the competent authorities and address for notifications to the Commission
BELGIUM
https://diplomatie.belgium.be/en/policy/policy_areas/peace_and_security/sanctions
BULGARIA
https://www.mfa.bg/en/EU-sanctions
CZECHIA
www.financnianalytickyurad.cz/mezinarodni-sankce.html
DENMARK
http://um.dk/da/Udenrigspolitik/folkeretten/sanktioner/
GERMANY
https://www.bmwi.de/Redaktion/DE/Artikel/Aussenwirtschaft/embargos-aussenwirtschaftsrecht.html
ESTONIA
https://vm.ee/sanktsioonid-ekspordi-ja-relvastuskontroll/rahvusvahelised-sanktsioonid
IRELAND
https://www.dfa.ie/our-role-policies/ireland-in-the-eu/eu-restrictive-measures/
GREECE
http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html
SPAIN
https://www.exteriores.gob.es/es/PoliticaExterior/Paginas/SancionesInternacionales.aspx
FRANCE
http://www.diplomatie.gouv.fr/fr/autorites-sanctions/
CROATIA
https://mvep.gov.hr/vanjska-politika/medjunarodne-mjere-ogranicavanja/22955
ITALY
https://www.esteri.it/it/politica-estera-e-cooperazione-allo-sviluppo/politica_europea/misure_deroghe/
CYPRUS
https://mfa.gov.cy/themes/
LATVIA
http://www.mfa.gov.lv/en/security/4539
LITHUANIA
http://www.urm.lt/sanctions
LUXEMBOURG
https://maee.gouvernement.lu/fr/directions-du-ministere/affaires-europeennes/organisations-economiques-int/mesures-restrictives.html
HUNGARY
https://kormany.hu/kulgazdasagi-es-kulugyminiszterium/ensz-eu-szankcios-tajekoztato
MALTA
https://foreignandeu.gov.mt/en/Government/SMB/Pages/SMB-Home.aspx
NETHERLANDS
https://www.rijksoverheid.nl/onderwerpen/internationale-sancties
AUSTRIA
https://www.bmeia.gv.at/themen/aussenpolitik/europa/eu-sanktionen-nationale-behoerden/
POLAND
https://www.gov.pl/web/dyplomacja/sankcje-miedzynarodowe
https://www.gov.pl/web/diplomacy/international-sanctions
PORTUGAL
http://www.portugal.gov.pt/pt/ministerios/mne/quero-saber-mais/sobre-o-ministerio/medidas-restritivas/medidas-restritivas.aspx
ROMANIA
http://www.mae.ro/node/1548
SLOVENIA
http://www.mzz.gov.si/si/omejevalni_ukrepi
SLOVAKIA
https://www.mzv.sk/europske_zalezitosti/europske_politiky-sankcie_eu
FINLAND
https://um.fi/pakotteet
SWEDEN
https://www.regeringen.se/sanktioner
Address for notifications to the European Commission:
European Commission
Directorate-General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA)
Rue de Spa 2
1049 Brussels
BELGIUM
E-mail: relex-sanctions@ec.europa.eu