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Document 02019D1720-20211013

Consolidated text: Council Decision (CFSP) 2019/1720 of 14 October 2019 concerning restrictive measures in view of the situation in Nicaragua

ELI: http://data.europa.eu/eli/dec/2019/1720/2021-10-13

02019D1720 — EN — 13.10.2021 — 004.001


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COUNCIL DECISION (CFSP) 2019/1720

of 14 October 2019

concerning restrictive measures in view of the situation in Nicaragua

(OJ L 262 15.10.2019, p. 58)

Amended by:

 

 

Official Journal

  No

page

date

►M1

COUNCIL DECISION (CFSP) 2020/607 of 4 May 2020

  L 139I

4

4.5.2020

 M2

COUNCIL DECISION (CFSP) 2020/1467 of 12 October 2020

  L 335

18

13.10.2020

►M3

COUNCIL DECISION (CFSP) 2021/1278 of 30 July 2021

  L 277I

24

2.8.2021

►M4

COUNCIL DECISION (CFSP) 2021/1800 of 11 October 2021

  L 361

52

12.10.2021




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COUNCIL DECISION (CFSP) 2019/1720

of 14 October 2019

concerning restrictive measures in view of the situation in Nicaragua



Article 1

1.  

Member States shall take the measures necessary to prevent the entry into, or transit through, their territories of natural persons:

(a) 

responsible for serious human rights violations or abuses or for the repression of civil society and democratic opposition in Nicaragua;

(b) 

whose actions, policies or activities otherwise undermine democracy or the rule of law in Nicaragua;

(c) 

associated with those referred to in points (a) and (b);

as listed in the Annex.

2.  
Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.
3.  

Paragraph 1 shall be without prejudice to the 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.

4.  
Paragraph 3 shall be considered as applying also in cases where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE).
5.  
A Member State that grants an exemption pursuant to paragraph 3 or 4 shall duly inform the Council in any such case.
6.  
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 and those 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, including promoting human rights and the rule of law in Nicaragua.
7.  
A Member State wishing to grant exemptions referred to in paragraph 6 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.
8.  
Where, pursuant to paragraph 3, 4, 6 or 7, a Member State authorises the entry into, or transit through, its territory of persons listed in the Annex, the authorisation shall be strictly limited to the purpose for which it is given and to the persons directly concerned thereby.

Article 2

1.  

All funds and economic resources belonging to, owned, held or controlled by, natural or legal persons, entities or bodies:

(a) 

responsible for serious human rights violations or abuses or for the repression of civil society and democratic opposition in Nicaragua;

(b) 

whose actions, policies or activities otherwise undermine democracy or the rule of law in Nicaragua;

(c) 

associated with the natural or legal persons, entities or bodies referred to in points (a) and (b);

as listed in the Annex, shall be frozen.

2.  
No funds or economic resources shall be made available directly or indirectly to or for the benefit of the natural or legal persons, entities or bodies listed in the Annex.
3.  

The competent authority 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 it deems appropriate, after having determined that the funds or economic resources concerned are:

(a) 

necessary to satisfy the basic needs of the natural or legal persons, entities or bodies listed in the Annex and dependent family members of such natural persons, including payments for foodstuffs, rent or mortgage, 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 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.

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 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;

(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, entity or body listed in the Annex; and

(d) 

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.

5.  
Paragraph 1 shall not prevent a natural or legal person, entity or body listed in the Annex from making a payment due under a contract or agreement entered into, or an obligation that arose, prior to the date on which such natural or legal person, entity or body was listed therein, provided that the Member State concerned has determined that the payment is not, directly or indirectly, received by a natural or legal person, 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;

(b) 

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

(c) 

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.

Article 3

By way of derogation from Article 2(1) and (2), the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources belonging to a natural or legal person, entity or body listed in the Annex, or the making available of certain funds or economic resources to a natural or legal person, entity or body listed in the Annex, under such conditions as the competent authorities deem appropriate, after having determined that the provision of such funds or economic resources is necessary for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food or the transfer of humanitarian workers and related assistance or for evacuations from Nicaragua.

Article 4

1.  
The Council, acting by unanimity upon a proposal from a Member State or from the High Representative of the Union for Foreign Affairs and Security Policy (the "High Representative"), shall establish and amend the list set out in the Annex.
2.  
The Council shall communicate the decision referred to in paragraph 1, including the grounds for the listing, to the natural or legal person, entity or body concerned, either directly, if the address is known, or through the publication of a notice, providing such person, entity or body with an opportunity to present observations.
3.  
Where observations are submitted, or where substantial new evidence is presented, the Council shall review the decision referred to in paragraph 1 and inform the natural or legal person, entity or body concerned accordingly.

Article 5

1.  
The Annex shall include the grounds for listing the natural and legal persons, entities and bodies referred to in Article 1(1) and Article 2(1).
2.  
The Annex shall also contain available information necessary to identify the natural or legal persons, entities or bodies concerned. With regard to natural persons, such information may include names and aliases, date and place of birth, nationality, passport and identity card numbers, gender, address if known, and function or profession. With regard to legal persons, entities or bodies, such information may include names, place and date of registration, registration number and place of business.

Article 6

1.  

The Council and the High Representative shall process personal data in order to carry out their tasks under this Decision, in particular:

(a) 

as regards the Council, for preparing and making amendments to the Annex;

(b) 

as regards the High Representative, for preparing amendments to the Annex.

2.  
The Council and the High Representative may process, where applicable, relevant data relating to criminal offences committed by listed natural persons, and to criminal convictions or security measures concerning such persons, only to the extent that such processing is necessary for the preparation of the Annex.
3.  
For the purposes of this Decision, the Council and the High Representative are designated as ‘controller’ within the meaning of Article 3(8) of Regulation (EU) 2018/1725 of the European Parliament and of the Council ( 1 ), in order to ensure that the natural persons concerned can exercise their rights under Regulation (EU) 2018/1725.

Article 7

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:

(a) 

natural or legal persons, entities or bodies listed in the Annex;

(b) 

any natural or legal person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in point (a).

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.

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Article 9

This Decision shall apply until 15 October 2022 and 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.

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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

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Name

Identifying information

Reasons

Date of listing

1.

Ramón Antonio AVELLÁN MEDAL

Date of birth: 11 November 1954

Place of birth: Jinotepe, Nicaragua

Passport number: A0008696

Issued: 17 October 2011

Expires: 17 October 2021

Gender: male

Deputy Director-General of the Nicaraguan National Police (NNP) and former chief of the police in Masaya. Responsible for serious human rights violations and for the repression of civil society and democratic opposition in Nicaragua, including by coordinating the repression of protesters in Masaya in 2018.

4.5.2020

2.

Sonia CASTRO GONZÁLEZ

Date of birth: 29 September 1967

Place of birth: Carazo, Nicaragua

Passport number: A00001526

Issued: 19 November 2019

Expires: 19 November 2028

ID number: 0422909670000N

Gender: female

Special advisor to the President of Nicaragua on health issues and former Minister of Health. Responsible for serious human rights violations and for the repression of civil society and democratic opposition in Nicaragua, including by hindering access to emergency medical assistance for injured civilians involved in demonstrations and ordering hospital staff to report demonstrators who have been brought to hospital by the police.

4.5.2020

3.

Francisco Javier DÍAZ MADRIZ

Date of birth: 3 August 1961

Gender: male

General Director of the Nicaraguan National Police (NNP) since 23 August 2018 and former Deputy General Director of NNP. Responsible for serious human rights violations and for the repression of civil society and democratic opposition in Nicaragua, including by leading police forces committing violence against civilians, including excessive use of force, arbitrary arrests and detentions and torture.

4.5.2020

4.

Néstor MONCADA LAU

Date of birth: 2 March 1954

Gender: male

Personal advisor to the President of Nicaragua on national security matters. In this capacity, he has been directly involved in and responsible for decision-making on national security matters and the establishment of repressive policies carried out by the State of Nicaragua against people taking part in demonstrations, opposition representatives and journalists in Nicaragua from April 2018 onwards.

4.5.2020

5.

Luís PÉREZ OLIVAS

Date of birth: 8 January 1956

Gender: male

General Commissioner and Legal Assistance Main Officer (DAEJ) in the ‘El Chipote’ penitentiary centre. Responsible for serious human rights violations, including torture, use of extensive force, mistreatment of detainees and other forms of degrading treatment.

4.5.2020

6.

Justo PASTOR URBINA

Date of birth: 29 January 1956

Gender: male

Head of Police Special Operations Unit (DOEP). He has been directly involved in the implementation of repressive policies against demonstrators and the opposition in Nicaragua, particularly in Managua. In this context, he is responsible for serious human rights violations and for the repression of civil society and democratic opposition in Nicaragua.

4.5.2020

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7.

Rosario María MURILLO ZAMBRANA

Alias: Rosario María MURILLO DE ORTEGA

Position(s): Vice President of the Republic of Nicaragua (since 2017), wife of President Daniel Ortega

Date of birth: 22 June 1951

Place of birth: Managua, Nicaragua

Gender: female

Nationality: Nicaraguan

Passport number: A00000106 (Nicaragua)

Vice President of Nicaragua, First Lady of Nicaragua and a leader of the Sandinista Youth. According to President Daniel Ortega, Rosario María Murillo Zambrana shares half of power with him. She played an instrumental role in encouraging and justifying the repression of opposition demonstrations by the Nicaraguan National Police in 2018. In June 2021, she publicly threatened the Nicaraguan opposition and discredited independent journalists.

She is therefore responsible for serious human rights violations, for the repression of civil society and democratic opposition, and for undermining democracy in Nicaragua.

2.8.2021

8.

Gustavo Eduardo PORRAS CORTÉS

Position(s): President of the National Assembly of the Republic of Nicaragua (since January 2017)

Date of birth: 11 October 1954

Place of birth: Managua, Nicaragua

Gender: male

Nationality: Nicaraguan

President of the National Assembly of Nicaragua since January 2017 and member of the national direction of the Sandinista National Liberation Front (FSLN) since 1996. In his position as the President of the National Assembly of Nicaragua, he is responsible for promoting the adoption of several repressive legal acts, among them an amnesty law that precludes any investigation into the perpetrators of massive human rights violations in 2018, and laws undermining freedom and democratic process in Nicaragua.

He is therefore responsible for the repression of civil society and democratic opposition, as well as for seriously undermining democracy and the rule of law in Nicaragua.

2.8.2021

9.

Juan Antonio VALLE VALLE

Position(s): Leader in Nicaraguan National Police

Rank: General/Senior Commissioner

Date of birth: 4 May 1963

Place of birth: Matagalpa, Nicaragua

Gender: male

Nationality: Nicaraguan

As leader in the rank of senior commissioner (second highest rank) of the Nicaraguan National Police (NNP) and in a leading position in the police in Managua, Juan Antonio Valle Valle is responsible for repeated acts of police brutality and the excessive use of force which resulted in the deaths of hundreds of civilians, for arbitrary arrests and detentions, for violations of freedom of expression and for preventing demonstrations against the government.

He is therefore responsible for serious human rights violations and for the repression of civil society and democratic opposition in Nicaragua.

2.8.2021

10.

Ana Julia GUIDO OCHOA

Alias: Ana Julia GUIDO DE ROMERO

Position(s): Attorney General of the Republic of Nicaragua

Date of birth: 16 February 1959

Place of birth: Matagalpa, Nicaragua

Gender: female

Nationality: Nicaraguan

In her position as Attorney General, the highest civil servant in the Prosecutor’s Office, Ana Julia Guido Ochoa, who is loyal to the Ortega regime, is responsible for the politically motivated prosecution of numerous protesters and members of the political opposition. She created a specialised unit that fabricated allegations against protesters and brought charges against them. She is moreover responsible for the disqualification from public office of the main opposition candidate for the general elections.

She is therefore responsible for serious human rights violations, for the repression of civil society and democratic opposition, and for undermining democracy and the rule of law in Nicaragua.

2.8.2021

11.

Fidel de Jesús DOMÍNGUEZ ÁLVAREZ

Position(s): Chief of police in Leon, General Commissioner of the National Police

Date of birth: 21 March 1960

Gender: male

Nationality: Nicaraguan

In his position as chief of the police in Leon since 23 August 2018, Fidel de Jesús Domínguez Alvarez is responsible for numerous serious violations of human rights, in particular arbitrary arrests and detention, including the kidnapping of members of a political opponent’s family, the excessive use of force and violations of freedom of expression and freedom of the media.

He is therefore responsible for serious human rights violations and the repression of civil society and democratic opposition.

2.8.2021

12.

Alba Luz RAMOS VANEGAS

Position(s): President of the Supreme Court of Justice of the Republic of Nicaragua

Date of birth: 3 June 1949

Gender: female

Nationality: Nicaraguan

Passport number: A0009864 (Nicaragua)

In her position as the President of the Supreme Court of Justice of Nicaragua, she is responsible for instrumentalisation of the judiciary in favour of the interests of the Ortega regime, through the selective criminalisation of opposition activities, perpetuating the pattern of violations of rights of due process, arbitrary arrests, and the disqualification of political parties and opposition candidates.

She is therefore responsible for serious human rights violations, for the repression of civil society and democratic opposition, and for seriously undermining the rule of law in Nicaragua.

2.8.2021

13.

Juan Carlos ORTEGA MURILLO

Position(s): Director at Canal 8 and Difuso Comunicaciones. Leader of the 4th of May Sandinista Movement, Son of the President and Vice President of the Republic of Nicaragua

Date of birth: 17 October 1982

Nationality: Nicaraguan

Son of president Daniel Ortega and the First Lady and Vice President Rosario Murillo. Director of one of the main propaganda TV stations, Canal 8, and the leader of the 4th of May Sandinista Movement. In his position, he has contributed to restricting freedom of expression and freedom of the media. He has publicly threatened Nicaraguan businesspersons who oppose the Ortega regime. He is therefore responsible for undermining democracy and the repression of civil society in Nicaragua. Because he is the son of Vice President Rosario Murillo, he is associated with persons responsible for serious human rights violations and the repression of civil society in Nicaragua.

2.8.2021

14.

Bayardo ARCE CASTAÑO

Position(s): Economic Advisor to the President of the Republic of Nicaragua

Date of birth: 21 March 1950

Gender: male

Nationality: Nicaraguan

In his position as Economic Advisor to President Daniel Ortega, Bayardo Arce Castano holds significant influence over the policies of the Ortega regime. He is therefore associated with persons responsible for serious violations of human rights in Nicaragua.

He supported the development of legislation preventing opposition candidates from taking part in elections. He is therefore responsible for repression against civil society and democratic opposition in Nicaragua.

2.8.2021



( 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).

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