# Official Journal L 277I/2021

| | ISSN 1977-0677 |
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| Official Journal
  of the European Union | L 277I |
| | |
| English edition | Legislation | Volume 642 August 2021 |

ISSN 1977-0677

Official Journal

of the European Union

L 277I

English edition

Legislation

Volume 642 August 2021

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Council Regulation (EU) 2021/1275 of 30 July 2021 concerning restrictive measures in view of the situation in Lebanon | 1 |
| | * | Council Implementing Regulation (EU) 2021/1276 of 30 July 2021 implementing Regulation (EU) 2019/1716 concerning restrictive measures in view of the situation in Nicaragua | 12 |
| | | DECISIONS |
| | * | Council Decision (CFSP) 2021/1277 of 30 July 2021 concerning restrictive measures in view of the situation in Lebanon | 16 |
| | * | Council Decision (CFSP) 2021/1278 of 30 July 2021 amending Decision (CFSP) 2019/1720 concerning restrictive measures in view of the situation in Nicaragua | 24 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Council Regulation (EU) 2021/1275 of 30 July 2021 concerning restrictive measures in view of the situation in Lebanon

1

*

Council Implementing Regulation (EU) 2021/1276 of 30 July 2021 implementing Regulation (EU) 2019/1716 concerning restrictive measures in view of the situation in Nicaragua

12

DECISIONS

*

Council Decision (CFSP) 2021/1277 of 30 July 2021 concerning restrictive measures in view of the situation in Lebanon

16

*

Council Decision (CFSP) 2021/1278 of 30 July 2021 amending Decision (CFSP) 2019/1720 concerning restrictive measures in view of the situation in Nicaragua

24

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Non-legislative acts

REGULATIONS

| 2.8.2021 | EN | Official Journal of the European Union | LI 277/1 |
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2.8.2021

EN

Official Journal of the European Union

LI 277/1

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COUNCIL REGULATION (EU) 2021/1275

of 30 July 2021

concerning restrictive measures in view of the situation in Lebanon

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,

Having regard to Council Decision (CFSP) 2021/1277 of 30 July 2021 concerning restrictive measures in view of the situation in Lebanon (1),

Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,

Whereas:

| (1) | On 30 July 2021, the Council adopted Decision (CFSP) 2021/1277, which establishes a framework for targeted restrictive measures to address the situation in Lebanon. The political context and the policy reasons for establishing the restrictive measures are set out in the recitals to that Decision. The Council Decision provides for the freezing of funds and economic resources of and the prohibition to make funds and economic resources available to natural persons responsible for grave financial, economic, social and political crisis in Lebanon and natural or legal persons, entities and bodies associated with them. The persons, entities and bodies subject to the restrictive measures are listed in the Annex to Decision (CFSP) 2021/1277. |
| --- | --- |

(1)

On 30 July 2021, the Council adopted Decision (CFSP) 2021/1277, which establishes a framework for targeted restrictive measures to address the situation in Lebanon. The political context and the policy reasons for establishing the restrictive measures are set out in the recitals to that Decision. The Council Decision provides for the freezing of funds and economic resources of and the prohibition to make funds and economic resources available to natural persons responsible for grave financial, economic, social and political crisis in Lebanon and natural or legal persons, entities and bodies associated with them. The persons, entities and bodies subject to the restrictive measures are listed in the Annex to Decision (CFSP) 2021/1277.

| (2) | These measures fall within the scope of the Treaty on the Functioning of the European Union and, therefore, notably with a view to ensuring its uniform application by economic operators in all Member States, regulatory action at the level of the Union is necessary in order to implement them. |
| --- | --- |

(2)

These measures fall within the scope of the Treaty on the Functioning of the European Union and, therefore, notably with a view to ensuring its uniform application by economic operators in all Member States, regulatory action at the level of the Union is necessary in order to implement them.

| (3) | This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the right to an effective remedy and a fair hearing, the rights of the defence, and the right to the protection of personal data. This Regulation should be applied in accordance with those rights. |
| --- | --- |

(3)

This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the right to an effective remedy and a fair hearing, the rights of the defence, and the right to the protection of personal data. This Regulation should be applied in accordance with those rights.

| (4) | The procedure for amending the list set out in Annex I to this Regulation should include providing designated natural or legal persons, entities or bodies with the grounds for listing, so as to give them an opportunity to submit observations. |
| --- | --- |

(4)

The procedure for amending the list set out in Annex I to this Regulation should include providing designated natural or legal persons, entities or bodies with the grounds for listing, so as to give them an opportunity to submit observations.

| (5) | For the implementation of this Regulation, and in order to ensure maximum legal certainty within the Union, the names and other relevant data concerning natural and legal persons, entities and bodies whose funds and economic resources are to be frozen in accordance with this Regulation should be made public. Any processing of personal data should comply with Regulations (EU) 2016/679 (2) and (EU) 2018/1725 (3) of the European Parliament and of the Council. |
| --- | --- |

(5)

For the implementation of this Regulation, and in order to ensure maximum legal certainty within the Union, the names and other relevant data concerning natural and legal persons, entities and bodies whose funds and economic resources are to be frozen in accordance with this Regulation should be made public. Any processing of personal data should comply with Regulations (EU) 2016/679 (2) and (EU) 2018/1725 (3) of the European Parliament and of the Council.

| (6) | Member States and the Commission should inform each other of the measures taken pursuant to this Regulation and of other relevant information at their disposal in connection with this Regulation. |
| --- | --- |

(6)

Member States and the Commission should inform each other of the measures taken pursuant to this Regulation and of other relevant information at their disposal in connection with this Regulation.

| (7) | Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and make sure that they are implemented. Those penalties should be effective, proportionate and dissuasive, |
| --- | --- |

(7)

Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and make sure that they are implemented. Those penalties should be effective, proportionate and dissuasive,

HAS ADOPTED THIS REGULATION:

Article 1

For the purposes of this Regulation, the following definitions apply:

| (a) | ‘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:






  (i) | a claim for performance of any obligation arising under or in connection with a contract or transaction; |
| --- | --- | --- |

(a)

‘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:

(i)

a claim for performance of any obligation arising under or in connection with a contract or transaction;

| (ii) | a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form; |
| --- | --- |

(ii)

a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form;

| (iii) | a claim for compensation in respect of a contract or transaction; |
| --- | --- |

(iii)

a claim for compensation in respect of a contract or transaction;

| (iv) | a counterclaim; |
| --- | --- |

(iv)

a counterclaim;

| (v) | 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; |
| --- | --- |

(v)

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;

| (b) | ‘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 that 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; |
| --- | --- |

(b)

‘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 that 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;

| (c) | ‘competent authorities’ means the competent authorities of the Member States as identified on the websites listed in Annex II; |
| --- | --- |

(c)

‘competent authorities’ means the competent authorities of the Member States as identified on the websites listed in Annex II;

| (d) | ‘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; |
| --- | --- |

(d)

‘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;

| (e) | ‘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; |
| --- | --- |

(e)

‘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;

| (f) | ‘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; |
| --- | --- |

(f)

‘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;

| (g) | ‘funds’ means financial assets and benefit of every kind, including, but not limited to:






  (i) | cash, cheques, claims on money, drafts, money orders and other payment instruments; |
| --- | --- | --- |

(g)

‘funds’ means financial assets and benefit of every kind, including, but not limited to:

(i)

cash, cheques, claims on money, drafts, money orders and other payment instruments;

| (ii) | deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; |
| --- | --- |

(ii)

deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;

| (iii) | publicly and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts; |
| --- | --- |

(iii)

publicly and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;

| (iv) | interest, dividends or other income on or value accruing from or generated by assets; |
| --- | --- |

(iv)

interest, dividends or other income on or value accruing from or generated by assets;

| (v) | credit, right of set-off, guarantees, performance bonds or other financial commitments; |
| --- | --- |

(v)

credit, right of set-off, guarantees, performance bonds or other financial commitments;

| (vi) | letters of credit, bills of lading, bills of sale; |
| --- | --- |

(vi)

letters of credit, bills of lading, bills of sale;

| (vii) | documents showing evidence of an interest in funds or financial resources; |
| --- | --- |

(vii)

documents showing evidence of an interest in funds or financial resources;

| (h) | ‘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. |
| --- | --- |

(h)

‘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

1.   All funds and economic resources belonging to, owned, held or controlled by any natural or legal person, entity or body listed in Annex I shall be frozen.

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

3.   Annex I shall include the names, as identified by the Council in accordance with Article 4 of Decision (CFSP) 2021/1277, of:

| (a) | natural persons responsible for undermining democracy or the rule of law in Lebanon through any of the following actions:






  (i) | obstructing or undermining the democratic political process by persistently hampering the formation of a government or by obstructing or seriously undermining the holding of elections; |
| --- | --- | --- |

(a)

natural persons responsible for undermining democracy or the rule of law in Lebanon through any of the following actions:

(i)

obstructing or undermining the democratic political process by persistently hampering the formation of a government or by obstructing or seriously undermining the holding of elections;

| (ii) | obstructing or undermining the implementation of plans approved by Lebanese authorities and supported by relevant international actors, including the EU, to improve accountability and good governance in the public sector or to implement critical economic reforms, including in the banking and financial sectors and including the adoption of transparent and non-discriminatory legislation on the export of capital; |
| --- | --- |

(ii)

obstructing or undermining the implementation of plans approved by Lebanese authorities and supported by relevant international actors, including the EU, to improve accountability and good governance in the public sector or to implement critical economic reforms, including in the banking and financial sectors and including the adoption of transparent and non-discriminatory legislation on the export of capital;

| (iii) | serious financial misconduct concerning public funds, insofar as the acts concerned are covered by the United Nations Convention Against Corruption and the unauthorised export of capital. |
| --- | --- |

(iii)

serious financial misconduct concerning public funds, insofar as the acts concerned are covered by the United Nations Convention Against Corruption and the unauthorised export of capital.

| (b) | natural or legal persons, entities or bodies associated with persons designated under point (a). |
| --- | --- |

(b)

natural or legal persons, entities or bodies associated with persons designated under point (a).

Article 3

1.   By way of derogation from Article 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:

| (a) | 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; |
| --- | --- |

(a)

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;

| (b) | intended exclusively for the payment of reasonable professional fees or the reimbursement of incurred expenses associated with the provision of legal services; |
| --- | --- |

(b)

intended exclusively for the payment of reasonable professional fees or 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; |
| --- | --- |

(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 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 two weeks prior to the authorisation; or |
| --- | --- |

(d)

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 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. |
| --- | --- |

(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.

2.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 within two weeks of the authorisation.

Article 4

1.   By way of derogation from Article 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 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 Lebanon.

2.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 within two weeks of the authorisation.

Article 5

1.   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:

| (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 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; |
| --- | --- |

(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 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;

| (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; |
| --- | --- |

(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 Annex I; and |
| --- | --- |

(c)

the decision is not for the benefit of a natural or legal person, entity or body listed in Annex I; and

| (d) | recognition of the decision is not contrary to public policy in the Member State concerned. |
| --- | --- |

(d)

recognition of the decision is not contrary to public policy in the Member State concerned.

2.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 within two weeks of the authorisation.

Article 6

1.   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:

| (a) | 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 |
| --- | --- |

(a)

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

| (b) | the payment is not in breach of Article 2(2). |
| --- | --- |

(b)

the payment is not in breach of Article 2(2).

2.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1 within two weeks of the authorisation.

Article 7

1.   Article 2(2) shall not prevent the crediting of frozen accounts by financial or credit institutions that receive funds transferred by third parties onto the account of a listed natural or legal person, entity or body, provided that any additions to such accounts will also be frozen. The financial or credit institution shall inform the relevant competent authority about any such transaction without delay.

2.   Article 2(2) shall not apply to the addition to frozen accounts of:

| (a) | interest or other earnings on those accounts; |
| --- | --- |

(a)

interest or other earnings on those accounts;

| (b) | 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 |
| --- | --- |

(b)

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

| (c) | payments due under judicial, administrative or arbitral decisions rendered in a Member State or enforceable in the Member State concerned, |
| --- | --- |

(c)

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 remain subject to the measures provided for in Article 2(1).

Article 8

1.   Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, natural and legal persons, entities and bodies shall:

| (a) | 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 |
| --- | --- |

(a)

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

| (b) | cooperate with the competent authority in any verification of the information referred to in point (a). |
| --- | --- |

(b)

cooperate with the competent authority in any verification of the information referred to in point (a).

2.   Any additional information received directly by the Commission shall be made available to the Member States.

3.   Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received.

Article 9

It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the measures referred to in Article 2.

Article 10

1.   The freezing of funds and economic resources or the refusal to make funds or economic resources available, carried out in good faith on the basis that such action is in accordance with this Regulation, shall not give rise to liability of any kind on the part of the natural or legal person or entity or body implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen or withheld as a result of negligence.

2.   Actions by natural or legal persons, entities or bodies shall not give rise to any liability of any kind on their part if they did not know, and had no reasonable cause to suspect, that their actions would infringe the measures set out in this Regulation.

Article 11

1.   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:

| (a) | natural or legal persons, entities or bodies listed in Annex I; |
| --- | --- |

(a)

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

| (b) | 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). |
| --- | --- |

(b)

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).

2.   In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited by paragraph 1 shall be on the natural or legal person, entity or body seeking the enforcement of that claim.

3.   This Article is without prejudice to the right of the natural or legal persons, entities and bodies referred to in paragraph 1 to judicial review of the legality of the non-performance of contractual obligations in accordance with this Regulation.

Article 12

1.   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:

| (a) | funds frozen under Article 2 and authorisations granted under Articles 3, 4, 5 and 6; |
| --- | --- |

(a)

funds frozen under Article 2 and authorisations granted under Articles 3, 4, 5 and 6;

| (b) | violation and enforcement problems and judgments handed down by national courts. |
| --- | --- |

(b)

violation and enforcement problems and judgments handed down by national courts.

2.   The Member States shall immediately inform each other and the Commission of any other relevant information at their disposal which might affect the effective implementation of this Regulation.

Article 13

1.   Where the Council decides to subject a natural or legal person, entity or body to the measures referred to in Article 2, it shall amend Annex I accordingly.

2.   The Council shall communicate the decision referred to in paragraph 1, including the grounds for 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 that natural or legal 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 decisions referred to in paragraph 1 and inform the natural or legal person, entity or body concerned accordingly.

4.   The list in Annex I shall be reviewed at regular intervals and at least every 12 months.

5.   The Commission shall be empowered to amend Annex II on the basis of information supplied by Member States.

Article 14

1.   Annex I shall include the grounds for the listing of natural or legal persons, entities or bodies concerned.

2.   Annex I shall contain, where available, the 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 15

1.   Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

2.   Member States shall notify the Commission of the rules referred to in paragraph 1 without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment.

Article 16

1.   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. These tasks include:

| (a) | as regards the Council, preparing and making amendments to Annex I; |
| --- | --- |

(a)

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

| (b) | as regards the High Representative, preparing amendments to Annex I; |
| --- | --- |

(b)

as regards the High Representative, preparing amendments to Annex I;

| (c) | as regards the Commission:






  (i) | 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 publicly available; |
| --- | --- | --- |

(c)

as regards the Commission:

(i)

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 publicly available;

| (ii) | 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. |
| --- | --- |

(ii)

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.

2.   The Council, the Commission and the High Representative may process, where applicable, relevant data relating to criminal offences committed by listed natural persons, to criminal convictions of such persons or to security measures concerning such persons, only to the extent that such processing is necessary for the preparation of Annex I.

3.   For the purposes of this Regulation, the Council, the Commission service listed in Annex II to this Regulation and the High Representative are designated as ‘controller’ within the meaning of point (8) of Article 3 of Regulation (EU) 2018/1725, in order to ensure that the natural persons concerned can exercise their rights under Regulation (EU) 2018/1725.

Article 17

1.   Member States shall designate the competent authorities referred to in this Regulation and identify them on the websites listed in Annex II. Member States shall notify the Commission of any changes in the addresses of their websites listed in Annex II.

2.   Member States shall notify the Commission of their competent authorities, including the contact details of those competent authorities, without delay after the entry into force of this Regulation, and shall notify it of any subsequent amendment.

3.   Where this Regulation sets out a requirement to notify, inform or otherwise communicate with the Commission, the address and other contact details to be used for such communication shall be those indicated in Annex II.

Article 18

This Regulation shall apply:

| (a) | within the territory of the Union, including its airspace; |
| --- | --- |

(a)

within the territory of the Union, including its airspace;

| (b) | on board any aircraft or vessel under the jurisdiction of a Member State; |
| --- | --- |

(b)

on board any aircraft or vessel under the jurisdiction of a Member State;

| (c) | to any natural person inside or outside the territory of the Union who is a national of a Member State; |
| --- | --- |

(c)

to any natural person inside or outside the territory of the Union who is a national of a Member State;

| (d) | 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; |
| --- | --- |

(d)

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;

| (e) | to any legal person, entity or body in respect of any business done in whole or in part within the Union. |
| --- | --- |

(e)

to any legal person, entity or body in respect of any business done in whole or in part within the Union.

Article 19

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.

Done at Brussels, 30 July 2021.

For the Council

The President

G. DOVŽAN

---

(1)  See page 17 of this Official Journal.

1

(2)  Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJ L 119, 4.5.2016, p. 1).

2

(3)  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).

3

---

ANNEX I

List of natural and legal persons, entities and bodies referred to in Article 2

[...]

---

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/101

CZECHIA

www.financnianalytickyurad.cz/mezinarodni-sankce.html

DENMARK

http://um.dk/da/Udenrigspolitik/folkeretten/sanktioner/

GERMANY

http://www.bmwi.de/DE/Themen/Aussenwirtschaft/aussenwirtschaftsrecht,did=404888.html

ESTONIA

http://www.vm.ee/est/kat_622/

IRELAND

http://www.dfa.ie/home/index.aspx?id=28519

GREECE

http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html

SPAIN

http://www.exteriores.gob.es/Portal/en/PoliticaExteriorCooperacion/GlobalizacionOportunidadesRiesgos/Paginas/SancionesInternacionales.aspx

FRANCE

http://www.diplomatie.gouv.fr/fr/autorites-sanctions/

CROATIA

http://www.mvep.hr/sankcije

ITALY

https://www.esteri.it/mae/it/politica_estera/politica_europea/misure_deroghe

CYPRUS

http://www.mfa.gov.cy/mfa/mfa2016.nsf/mfa35_en/mfa35_en?OpenDocument

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://foreignaffairs.gov.mt/en/Government/SMB/Pages/Sanctions-Monitoring-Board.aspx

NETHERLANDS

https://www.rijksoverheid.nl/onderwerpen/internationale-sancties

AUSTRIA

http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=

POLAND

https://www.gov.pl/web/dyplomacja

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

http://formin.finland.fi/kvyhteistyo/pakotteet

SWEDEN

http://www.ud.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 |
| Email: relex-sanctions@ec.europa.eu |

European Commission

Directorate-General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA)

Rue de Spa 2

1049 Brussels, Belgium

Email: relex-sanctions@ec.europa.eu

---

| 2.8.2021 | EN | Official Journal of the European Union | LI 277/12 |
| --- | --- | --- | --- |

2.8.2021

EN

Official Journal of the European Union

LI 277/12

---

COUNCIL IMPLEMENTING REGULATION (EU) 2021/1276

of 30 July 2021

implementing Regulation (EU) 2019/1716 concerning restrictive measures in view of the situation in Nicaragua

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EU) 2019/1716 of 14 October 2019 concerning restrictive measures in view of the situation in Nicaragua (1), and in particular Article 13(1) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

| (1) | On 14 October 2019, the Council adopted Regulation (EU) 2019/1716 concerning restrictive measures in view of the situation in Nicaragua. |
| --- | --- |

(1)

On 14 October 2019, the Council adopted Regulation (EU) 2019/1716 concerning restrictive measures in view of the situation in Nicaragua.

| (2) | On 10 June 2021, the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) issued a declaration on behalf of the Union in which he condemned the actions of the Nicaraguan authorities against opposition parties, media, journalists and other media workers, human rights defenders and civil society, including through the systematic detention and arrest of potential presidential candidates and opposition leaders. The High Representative indicated that the Union stands ready to use all instruments in view of the situation in Nicaragua, including the imposition of additional restrictive measures. |
| --- | --- |

(2)

On 10 June 2021, the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) issued a declaration on behalf of the Union in which he condemned the actions of the Nicaraguan authorities against opposition parties, media, journalists and other media workers, human rights defenders and civil society, including through the systematic detention and arrest of potential presidential candidates and opposition leaders. The High Representative indicated that the Union stands ready to use all instruments in view of the situation in Nicaragua, including the imposition of additional restrictive measures.

| (3) | In view of the continuing grave situation in Nicaragua, eight persons should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex I to Regulation (EU) 2019/1716. |
| --- | --- |

(3)

In view of the continuing grave situation in Nicaragua, eight persons should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex I to Regulation (EU) 2019/1716.

| (4) | Annex I to Regulation (EU) 2019/1716 should therefore be amended accordingly, |
| --- | --- |

(4)

Annex I to Regulation (EU) 2019/1716 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EU) 2019/1716 is amended as set out in the Annex to this Regulation.

Article 2

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.

Done at Brussels, 30 July 2021.

For the Council

The President

G. DOVŽAN

---

(1)  
  OJ L 262, 15.10.2019, p. 1.

1

---

ANNEX

The following persons are added to the list of natural and legal persons, entities and bodies set out in Annex I to Regulation (EU) 2019/1716:

| | Name | Identifying information | Reasons | Date of listing |
| --- | --- | --- | --- | --- |
| ‘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’ |

Name

Identifying information

Reasons

Date of listing

‘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’

---

DECISIONS

| 2.8.2021 | EN | Official Journal of the European Union | LI 277/16 |
| --- | --- | --- | --- |

2.8.2021

EN

Official Journal of the European Union

LI 277/16

---

COUNCIL DECISION (CFSP) 2021/1277

of 30 July 2021

concerning restrictive measures in view of the situation in Lebanon

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

| (1) | On 7 December 2020, the Council adopted conclusions in which it noted with increasing concern that the grave financial, economic, social and political crisis that has taken root in Lebanon had continued to worsen over the previous months and that the Lebanese population is the first to suffer from the increasing difficulties in the country. |
| --- | --- |

(1)

On 7 December 2020, the Council adopted conclusions in which it noted with increasing concern that the grave financial, economic, social and political crisis that has taken root in Lebanon had continued to worsen over the previous months and that the Lebanese population is the first to suffer from the increasing difficulties in the country.

| (2) | The Council underlined the urgent need for the Lebanese authorities to implement reforms in order to rebuild the confidence of the international community. It stated that the Union is ready to support reforms but the reform process must be owned by Lebanon. The Council called on the Lebanese authorities to implement their prior commitments, including those made in the context of the CEDRE conference in April 2018, and which enjoy the support of the International Support Group (ISG) for Lebanon (which brings together the United Nations and the governments of China, France, Germany, Italy, the Russian Federation, the United Kingdom and the United States, together with the European Union and the Arab League) and other members of the international community (including the World Bank and the International Monetary Fund). The Council also called on the Lebanese authorities to urgently deliver reforms building on the agreements reached after the explosion of 4 August 2020 by all of Lebanon’s political leaders to bridge political differences in support for reforms. Those reforms entail in particular meaningful and profound economic and governance reforms to restore economic stability, improve delivery of public services, address the rising levels of poverty, reduce inequalities, make public finances sustainable, restore the credibility of the financial sector, guarantee the independence of the judiciary, ensure respect for human rights and the rule of law, fight corruption and meet the legitimate aspirations peacefully expressed by the Lebanese people. The Council also expressed its support for the Reform, Recovery and Reconstruction Framework (3RF) to ‘build back a better Lebanon’ guided by the principles of transparency, inclusion and accountability. |
| --- | --- |

(2)

The Council underlined the urgent need for the Lebanese authorities to implement reforms in order to rebuild the confidence of the international community. It stated that the Union is ready to support reforms but the reform process must be owned by Lebanon. The Council called on the Lebanese authorities to implement their prior commitments, including those made in the context of the CEDRE conference in April 2018, and which enjoy the support of the International Support Group (ISG) for Lebanon (which brings together the United Nations and the governments of China, France, Germany, Italy, the Russian Federation, the United Kingdom and the United States, together with the European Union and the Arab League) and other members of the international community (including the World Bank and the International Monetary Fund). The Council also called on the Lebanese authorities to urgently deliver reforms building on the agreements reached after the explosion of 4 August 2020 by all of Lebanon’s political leaders to bridge political differences in support for reforms. Those reforms entail in particular meaningful and profound economic and governance reforms to restore economic stability, improve delivery of public services, address the rising levels of poverty, reduce inequalities, make public finances sustainable, restore the credibility of the financial sector, guarantee the independence of the judiciary, ensure respect for human rights and the rule of law, fight corruption and meet the legitimate aspirations peacefully expressed by the Lebanese people. The Council also expressed its support for the Reform, Recovery and Reconstruction Framework (3RF) to ‘build back a better Lebanon’ guided by the principles of transparency, inclusion and accountability.

| (3) | The 3RF, launched by the Union, the UN and the World Bank in December 2020, is co-managed by the Government of Lebanon. In addition, the Financial Recovery Plan of April 2020 was approved by the Lebanese Council of Ministers and was welcomed by the international community. Furthermore, the ISG, in a Joint Statement on 23 September 2020, welcomed the agreement reached by all of Lebanon’s political leaders on a comprehensive roadmap of reforms with an implementation timetable in line with their prior commitments, including those made in the context of the 2018 CEDRE conference, and which enjoy the support of the ISG and other members of the international community. |
| --- | --- |

(3)

The 3RF, launched by the Union, the UN and the World Bank in December 2020, is co-managed by the Government of Lebanon. In addition, the Financial Recovery Plan of April 2020 was approved by the Lebanese Council of Ministers and was welcomed by the international community. Furthermore, the ISG, in a Joint Statement on 23 September 2020, welcomed the agreement reached by all of Lebanon’s political leaders on a comprehensive roadmap of reforms with an implementation timetable in line with their prior commitments, including those made in the context of the 2018 CEDRE conference, and which enjoy the support of the ISG and other members of the international community.

| (4) | In its conclusions of 7 December 2020, the Council continued to urge the government acting as caretaker since August 2020 to act swiftly and decisively within its constitutional limits, but noted that a programme fully supported by the Lebanese Parliament that includes precise, credible and time bound reform commitments addressing Lebanon’s difficulties could only be fully implemented by a functional government. It therefore called on all Lebanese stakeholders and political forces to support the urgent formation of a mission-driven, credible and accountable government in Lebanon, able to implement the necessary reforms. |
| --- | --- |

(4)

In its conclusions of 7 December 2020, the Council continued to urge the government acting as caretaker since August 2020 to act swiftly and decisively within its constitutional limits, but noted that a programme fully supported by the Lebanese Parliament that includes precise, credible and time bound reform commitments addressing Lebanon’s difficulties could only be fully implemented by a functional government. It therefore called on all Lebanese stakeholders and political forces to support the urgent formation of a mission-driven, credible and accountable government in Lebanon, able to implement the necessary reforms.

| (5) | The Council has since 7 December 2020 repeatedly expressed grave concern about the deteriorating situation in Lebanon. Despite repeated calls from the Union and other relevant international actors on Lebanese political forces and stakeholders to act in the national interest and to no longer delay the formation of a fully empowered government capable of meeting the country’s urgent needs and implementing critical reforms, there is no progress in the government formation process. Over eleven months have elapsed since the resignation of the previous government in August 2020 and nine months since the Lebanese Parliament designated a new Prime Minister-designate in October 2020 who has withdrawn in July 2021. |
| --- | --- |

(5)

The Council has since 7 December 2020 repeatedly expressed grave concern about the deteriorating situation in Lebanon. Despite repeated calls from the Union and other relevant international actors on Lebanese political forces and stakeholders to act in the national interest and to no longer delay the formation of a fully empowered government capable of meeting the country’s urgent needs and implementing critical reforms, there is no progress in the government formation process. Over eleven months have elapsed since the resignation of the previous government in August 2020 and nine months since the Lebanese Parliament designated a new Prime Minister-designate in October 2020 who has withdrawn in July 2021.

| (6) | Meanwhile, the economic, social and humanitarian situation in Lebanon continues to deteriorate and the people continue to suffer. The World Bank reported in its Lebanon Economic Monitor of June 2021 that Lebanon is enduring a severe and prolonged economic depression, likely to rank amongst the most severe episodes of crisis globally since the mid-nineteenth century. The World Bank characterised the crisis as a ‘deliberate depression’ with inadequate policy responses as a result of a lack of political consensus over effective policy initiatives. The World Bank reported that more than half of the population is likely below the national poverty line, the unemployment rate is on the rise, and an increasing share of households is facing difficulty in accessing basic services, including health care. The World Bank pointed out that the sharp deterioration in basic services would have long-term implications: mass migration, loss of learning, poor health outcomes and lack of adequate safety nets, among others. The World Bank estimated that the permanent damage to human capital would be very hard to recover and that this perhaps made the Lebanon crisis unique compared to other global crises. The World Bank further notes that the increasingly dire socio-economic conditions risk systemic national failings, with growing wariness of potential triggers for social unrest and no clear turning point on the horizon. |
| --- | --- |

(6)

Meanwhile, the economic, social and humanitarian situation in Lebanon continues to deteriorate and the people continue to suffer. The World Bank reported in its Lebanon Economic Monitor of June 2021 that Lebanon is enduring a severe and prolonged economic depression, likely to rank amongst the most severe episodes of crisis globally since the mid-nineteenth century. The World Bank characterised the crisis as a ‘deliberate depression’ with inadequate policy responses as a result of a lack of political consensus over effective policy initiatives. The World Bank reported that more than half of the population is likely below the national poverty line, the unemployment rate is on the rise, and an increasing share of households is facing difficulty in accessing basic services, including health care. The World Bank pointed out that the sharp deterioration in basic services would have long-term implications: mass migration, loss of learning, poor health outcomes and lack of adequate safety nets, among others. The World Bank estimated that the permanent damage to human capital would be very hard to recover and that this perhaps made the Lebanon crisis unique compared to other global crises. The World Bank further notes that the increasingly dire socio-economic conditions risk systemic national failings, with growing wariness of potential triggers for social unrest and no clear turning point on the horizon.

| (7) | The Lebanese population is paying an exceptionally high price for the inaction of the Lebanese political leaders. The current economic, social, humanitarian and political crisis constitutes a major threat to the stability and security of Lebanon, with possible consequences for the stability and security of the entire region. |
| --- | --- |

(7)

The Lebanese population is paying an exceptionally high price for the inaction of the Lebanese political leaders. The current economic, social, humanitarian and political crisis constitutes a major threat to the stability and security of Lebanon, with possible consequences for the stability and security of the entire region.

| (8) | The Union is ready to use all its policy instruments to contribute to a sustainable way out of the current crisis and to react to a further deterioration of democracy and the rule of law, and of the economic, social and humanitarian situation in Lebanon. In view of the gravity of the situation, a framework should be adopted for targeted restrictive measures against natural persons responsible for undermining democracy or the rule of law in Lebanon and natural or legal persons, entities or bodies associated with them. |
| --- | --- |

(8)

The Union is ready to use all its policy instruments to contribute to a sustainable way out of the current crisis and to react to a further deterioration of democracy and the rule of law, and of the economic, social and humanitarian situation in Lebanon. In view of the gravity of the situation, a framework should be adopted for targeted restrictive measures against natural persons responsible for undermining democracy or the rule of law in Lebanon and natural or legal persons, entities or bodies associated with them.

| (9) | Such targeted restrictive measures will pursue common foreign and security policy objectives as set out in Article 21 of the Treaty on European Union (TEU), and they will contribute to Union action to consolidate and support democracy, the rule of law, human rights and the principles of international law in accordance with point (b) of Article 21(2) TEU. Their application must be consistent with Article 3(5) TEU, in particular by contributing to peace and security, solidarity and mutual respect among peoples, and the protection of human rights, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter. |
| --- | --- |

(9)

Such targeted restrictive measures will pursue common foreign and security policy objectives as set out in Article 21 of the Treaty on European Union (TEU), and they will contribute to Union action to consolidate and support democracy, the rule of law, human rights and the principles of international law in accordance with point (b) of Article 21(2) TEU. Their application must be consistent with Article 3(5) TEU, in particular by contributing to peace and security, solidarity and mutual respect among peoples, and the protection of human rights, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter.

| (10) | A threat to democracy and the rule of law is posed by persons who obstruct or undermine the democratic political process by persistently hampering the formation of a government or by obstructing or seriously undermining the holding of elections, including notably the upcoming general election in Lebanon, scheduled for May 2022. Those persons promote their vested interests, be they their personal interests or the particular interests of their community or political group, to the detriment of the Lebanese public interest, notably by trying to misuse the rules governing the association of the political forces for the formation of a government, in order to block the formation of a new government and maintain the status quo. Acts threatening democracy and the rule of law could include obstructing or undermining the elections. |
| --- | --- |

(10)

A threat to democracy and the rule of law is posed by persons who obstruct or undermine the democratic political process by persistently hampering the formation of a government or by obstructing or seriously undermining the holding of elections, including notably the upcoming general election in Lebanon, scheduled for May 2022. Those persons promote their vested interests, be they their personal interests or the particular interests of their community or political group, to the detriment of the Lebanese public interest, notably by trying to misuse the rules governing the association of the political forces for the formation of a government, in order to block the formation of a new government and maintain the status quo. Acts threatening democracy and the rule of law could include obstructing or undermining the elections.

| (11) | A threat to democracy and the rule of law is also posed by persons who obstruct the implementation of plans supported by relevant international actors to improve accountability and good governance in the public sector or the implementation of critical economic reforms, including in the banking and financial sectors. These are notably the reforms to which Lebanese authorities committed and that enjoy the support of the Union and other relevant international actors. There has been a consistent failure to implement these reforms and to take sufficient credible measures to fight corruption and combat tax evasion, to adopt a capital control law, and to take other measures to guarantee both transparency and full accountability to the Lebanese people. |
| --- | --- |

(11)

A threat to democracy and the rule of law is also posed by persons who obstruct the implementation of plans supported by relevant international actors to improve accountability and good governance in the public sector or the implementation of critical economic reforms, including in the banking and financial sectors. These are notably the reforms to which Lebanese authorities committed and that enjoy the support of the Union and other relevant international actors. There has been a consistent failure to implement these reforms and to take sufficient credible measures to fight corruption and combat tax evasion, to adopt a capital control law, and to take other measures to guarantee both transparency and full accountability to the Lebanese people.

| (12) | A threat to democracy and the rule of law is also posed by persons who engage in serious financial misconduct, including corruption and the unauthorised export of capital. Financial misconduct within the political and institutional system is a systemic issue at the root of the current economic, social, humanitarian and political crisis. Actors involved in financial misconduct, or who benefit personally from them, bear a major responsibility in the dire socio-economic and humanitarian situation which the Lebanese population is facing. |
| --- | --- |

(12)

A threat to democracy and the rule of law is also posed by persons who engage in serious financial misconduct, including corruption and the unauthorised export of capital. Financial misconduct within the political and institutional system is a systemic issue at the root of the current economic, social, humanitarian and political crisis. Actors involved in financial misconduct, or who benefit personally from them, bear a major responsibility in the dire socio-economic and humanitarian situation which the Lebanese population is facing.

| (13) | The Council recalls that Lebanon is a party to the United Nations Convention against Corruption of 31 October 2003 and that the Lebanese authorities have also made commitments in the fight against corruption notably in the 2018 CEDRE conference, the April 2020 Financial Recovery Plan and the September 2020 comprehensive roadmap of reforms. |
| --- | --- |

(13)

The Council recalls that Lebanon is a party to the United Nations Convention against Corruption of 31 October 2003 and that the Lebanese authorities have also made commitments in the fight against corruption notably in the 2018 CEDRE conference, the April 2020 Financial Recovery Plan and the September 2020 comprehensive roadmap of reforms.

| (14) | Further Union action is needed in order to implement certain measures, |
| --- | --- |

(14)

Further Union action is needed in order to implement certain measures,

HAS ADOPTED THIS DECISION:

Article 1

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

| (a) | natural persons responsible for undermining democracy or the rule of law in Lebanon through any of the following actions:






  (i) | obstructing or undermining the democratic political process by persistently hampering the formation of a government or by obstructing or seriously undermining the holding of elections; |
| --- | --- | --- |

(a)

natural persons responsible for undermining democracy or the rule of law in Lebanon through any of the following actions:

(i)

obstructing or undermining the democratic political process by persistently hampering the formation of a government or by obstructing or seriously undermining the holding of elections;

| (ii) | obstructing or undermining the implementation of plans approved by Lebanese authorities and supported by relevant international actors, including the Union, to improve accountability and good governance in the public sector or to implement critical economic reforms, including in the banking and financial sectors and including the adoption of transparent and non-discriminatory legislation on the export of capital; |
| --- | --- |

(ii)

obstructing or undermining the implementation of plans approved by Lebanese authorities and supported by relevant international actors, including the Union, to improve accountability and good governance in the public sector or to implement critical economic reforms, including in the banking and financial sectors and including the adoption of transparent and non-discriminatory legislation on the export of capital;

| (iii) | serious financial misconduct concerning public funds, insofar as the acts concerned are covered by the United Nations Convention Against Corruption and the unauthorised export of capital; |
| --- | --- |

(iii)

serious financial misconduct concerning public funds, insofar as the acts concerned are covered by the United Nations Convention Against Corruption and the unauthorised export of capital;

| (b) | natural persons associated with persons designated under point (a); |
| --- | --- |

(b)

natural persons associated with persons designated under point (a);

as listed in the Annex.

The plans referred to in point (ii) of point (a) are the reform plans presented in the 2018 CEDRE conference, the April 2020 Financial Recovery Plan, the September 2020 comprehensive roadmap of reforms and the December 2020 Lebanon Reform, Recovery and Reconstruction (3RF).

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; |
| --- | --- |

(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; |
| --- | --- |

(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 |
| --- | --- |

(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. |
| --- | --- |

(d)

pursuant to the 1929 Treaty of Conciliation (Lateran Pact) concluded by the Holy See (Vatican City State) and Italy.

4.   Paragraph 3 shall also apply in cases where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE).

5.   The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraph 3 or 4.

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 or meetings 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 democracy and the rule of law in Lebanon.

7.   Member States may also grant exemptions from the measures imposed under paragraph 1 where entry or transit is necessary for the fulfilment of a judicial process.

8.   A Member State wishing to grant exemptions referred to in paragraphs 6 or 7 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more Member States raises an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more Member States raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.

9.   Where, pursuant to paragraphs 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:

| (a) | natural persons responsible for undermining democracy or the rule of law in Lebanon through any of the following actions:






  (i) | obstructing or undermining the democratic political process by persistently hampering the formation of a government or by obstructing or seriously undermining the holding of elections; |
| --- | --- | --- |

(a)

natural persons responsible for undermining democracy or the rule of law in Lebanon through any of the following actions:

(i)

obstructing or undermining the democratic political process by persistently hampering the formation of a government or by obstructing or seriously undermining the holding of elections;

| (ii) | obstructing or undermining the implementation of plans approved by Lebanese authorities and supported by relevant international actors, including the EU, to improve accountability and good governance in the public sector or to implement critical economic reforms, including in the banking and financial sectors and including the adoption of transparent and non-discriminatory legislation on the export of capital; |
| --- | --- |

(ii)

obstructing or undermining the implementation of plans approved by Lebanese authorities and supported by relevant international actors, including the EU, to improve accountability and good governance in the public sector or to implement critical economic reforms, including in the banking and financial sectors and including the adoption of transparent and non-discriminatory legislation on the export of capital;

| (iii) | serious financial misconduct concerning public funds, insofar as the acts concerned are covered by the United Nations Convention Against Corruption and the unauthorised export of capital; |
| --- | --- |

(iii)

serious financial misconduct concerning public funds, insofar as the acts concerned are covered by the United Nations Convention Against Corruption and the unauthorised export of capital;

| (b) | natural or legal persons associated with persons designated under point (a); |
| --- | --- |

(b)

natural or legal persons associated with persons designated under point (a);

as listed in the Annex, shall be frozen.

The plans referred to in point (ii) of point (a) are the reform plans presented in the 2018 CEDRE conference, the April 2020 Financial Recovery Plan, the September 2020 comprehensive roadmap of reforms and the December 2020 Lebanon Reform, Recovery and Reconstruction (3RF).

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.   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:

| (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; |
| --- | --- |

(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; |
| --- | --- |

(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; |
| --- | --- |

(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 |
| --- | --- |

(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. |
| --- | --- |

(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 within two weeks of the authorisation.

4.   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, or the making available of certain 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; |
| --- | --- |

(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; |
| --- | --- |

(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 |
| --- | --- |

(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. |
| --- | --- |

(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 within two weeks of the authorisation.

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; |
| --- | --- |

(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 |
| --- | --- |

(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; |
| --- | --- |

(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

1.   By way of derogation from Article 2(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 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 Lebanon.

2.   The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under this Article within two weeks of the authorisation.

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 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 that natural or legal 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 decisions 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 Articles 1 and 2.

2.   The Annex shall contain, where available, the 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; |
| --- | --- |

(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. |
| --- | --- |

(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 point (8) of Article 3 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) | designated natural or legal persons, entities or bodies listed in the Annex; |
| --- | --- |

(a)

designated 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 natural or legal persons, entities or bodies referred to in point (a). |
| --- | --- |

(b)

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 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 31 July 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.

In reviewing restrictive measures taken pursuant to Articles 1(1)(a)(iii) and 2(1)(a)(iii), 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.

Article 10

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 30 July 2021.

For the Council

The President

G. DOVŽAN

---

(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).

1

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ANNEX

List of natural and legal persons, entities and bodies referred to in Articles 1 and 2

[...]

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| 2.8.2021 | EN | Official Journal of the European Union | LI 277/24 |
| --- | --- | --- | --- |

2.8.2021

EN

Official Journal of the European Union

LI 277/24

---

COUNCIL DECISION (CFSP) 2021/1278

of 30 July 2021

amending Decision (CFSP) 2019/1720 concerning restrictive measures in view of the situation in Nicaragua

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

| (1) | On 14 October 2019, the Council adopted Decision (CFSP) 2019/1720 (1) concerning restrictive measures in view of the situation in Nicaragua. |
| --- | --- |

(1)

On 14 October 2019, the Council adopted Decision (CFSP) 2019/1720 (1) concerning restrictive measures in view of the situation in Nicaragua.

| (2) | On 10 June 2021, the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) issued a declaration on behalf of the Union in which he condemned the actions of the Nicaraguan authorities against opposition parties, the media, journalists and other media workers, human rights defenders and civil society, including through the systematic detention and arrest of potential presidential candidates and opposition leaders. The High Representative indicated that the Union stands ready to use all instruments in view of the situation in Nicaragua, including the imposition of additional restrictive measures. |
| --- | --- |

(2)

On 10 June 2021, the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) issued a declaration on behalf of the Union in which he condemned the actions of the Nicaraguan authorities against opposition parties, the media, journalists and other media workers, human rights defenders and civil society, including through the systematic detention and arrest of potential presidential candidates and opposition leaders. The High Representative indicated that the Union stands ready to use all instruments in view of the situation in Nicaragua, including the imposition of additional restrictive measures.

| (3) | In view of the continuing grave situation in Nicaragua, eight persons should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures set out in the Annex to Decision (CFSP) 2019/1720. |
| --- | --- |

(3)

In view of the continuing grave situation in Nicaragua, eight persons should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures set out in the Annex to Decision (CFSP) 2019/1720.

| (4) | The Annex to Decision (CFSP) 2019/1720 should therefore be amended accordingly, |
| --- | --- |

(4)

The Annex to Decision (CFSP) 2019/1720 should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision (CFSP) 2019/1720 is amended as set out in the Annex to this Decision.

Article 2

This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

Done at Brussels, 30 July 2021.

For the Council

The President

G. DOVŽAN

---

(1)  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).

1

---

ANNEX

The following persons are added to the list of natural and legal persons, entities and bodies set out in the Annex to Decision (CFSP) 2019/1720:

| | Name | Identifying information | Reasons | Date of listing |
| --- | --- | --- | --- | --- |
| ‘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’ |

Name

Identifying information

Reasons

Date of listing

‘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’

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