02024R0287 — EN — 13.09.2024 — 002.001
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COUNCIL REGULATION (EU) 2024/287 of 12 January 2024 concerning restrictive measures in view of the situation in Guatemala (OJ L 287 15.1.2024, p. 1) |
Amended by:
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Official Journal |
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No |
page |
date |
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COUNCIL IMPLEMENTING REGULATION (EU) 2024/455 of 2 February 2024 |
L 455 |
1 |
2.2.2024 |
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COMMISSION IMPLEMENTING REGULATION (EU) 2024/2465 of 10 September 2024 |
L 2465 |
1 |
12.9.2024 |
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COUNCIL REGULATION (EU) 2024/287
of 12 January 2024
concerning restrictive measures in view of the situation in Guatemala
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 the date of entry into force of this Regulation, 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 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 derivatives 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;
‘territory of the Union’ means the territories of the Member States to which the Treaty on European Union (TEU) is applicable, under the conditions laid down in the TEU, including their airspace.
Article 2
Annex I shall include natural or legal persons, entities or bodies:
responsible for, engaging in, providing support to, or benefiting 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).
Article 3
By way of derogation from Article 2(1) and (2), 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, 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 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 relevant 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 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.
Article 4
Article 2(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 (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 5
By way of derogation from Article 2(1), the competent authorities may authorise the release of certain frozen funds or economic resources, if 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 Article 2 was listed in Annex I, 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 Annex I; and
recognition of the decision is not contrary to public policy in the Member State concerned.
Article 6
By way of derogation from Article 2(1) and provided that a payment by a natural or legal person, entity or body listed in Annex I 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, the competent authorities 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; and
the payment is not in breach of Article 2(2).
Article 7
Article 2(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 2 was included in Annex I; or
payments due under judicial, administrative or arbitral decisions rendered in a Member State or enforceable in the Member State concerned;
provided that any such interest, other earnings and payments are frozen in accordance with Article 2(1).
Article 8
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 2(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 9
Natural or legal persons, entities or bodies listed in Annex I, shall:
report within 6 weeks from the date of listing in Annex I 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 10
Article 11
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;
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 12
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 2 and authorisations granted under the derogations set out in this Regulation;
violation and enforcement problems and judgments handed down by national courts.
Article 13
Article 14
Article 15
Article 16
The Council, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) may process personal data in order to carry out their tasks under this Regulation. These tasks include:
as regards the Council, preparing and making amendments to Annex I;
as regards the High Representative, preparing amendments to Annex I;
as regards the Commission:
adding the contents of Annex I to the electronic, consolidated list of persons, groups and entities subject to Union financial sanctions and to the interactive sanctions map, both of which are publicly available;
processing information on the impact of the measures of this Regulation, such as the value of frozen funds and information on authorisations granted by the competent authorities.
Article 17
Article 18
Any information provided to or received by the Commission in accordance with this Regulation shall be used by the Commission only for the purposes for which it was provided or received.
Article 19
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 20
This Regulation shall enter into force on the day following that 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
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 |
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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 |
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
https://um.dk/udenrigspolitik/sanktioner/ansvarlige-myndigheder
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
CYPRUS
LATVIA
LITHUANIA
LUXEMBOURG
HUNGARY
https://kormany.hu/kulgazdasagi-es-kulugyminiszterium/ensz-eu-szankcios-tajekoztato
MALTA
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
https://portaldiplomatico.mne.gov.pt/politica-externa/medidas-restritivas
ROMANIA
SLOVENIA
http://www.mzz.gov.si/si/omejevalni_ukrepi
SLOVAKIA
https://www.mzv.sk/europske_zalezitosti/europske_politiky-sankcie_eu
FINLAND
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/Spastraat 2
B-1049 Bruxelles/Brussel,
E-mail: relex-sanctions@ec.europa.eu
( 1 ) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
( 2 ) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).
( 3 ) Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73).
( 4 ) Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).