Council Decision (CFSP) 2024/1339 of 13 May 2024 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela
Date: 2024-05-13
Institutions: Council of the European Union
Subjects: EU restrictive measure, Venezuela, economic sanctions, international sanctions, natural person




L_202401339EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2024/1339


14.5.2024







            COUNCIL DECISION (CFSP) 2024/1339
         
of 13 May 2024
         
amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela


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 13 November 2017, the Council adopted Decision (CFSP) 2017/2074 (1).












(2)


On 10 November 2023, the Council adopted Decision (CFSP) 2023/2498 (2) renewing the restrictive measures set out in Decision (CFSP) 2017/2074 until 14 May 2024.












(3)


On the basis of a review of Decision (CFSP) 2017/2074, and considering the ongoing political, economic, social and humanitarian crisis in Venezuela, as well as persistent actions undermining democracy, the rule of law and respect for human rights, in the absence of concrete, verifiable and sustainable progress in the situation in Venezuela, and in order to strengthen efforts by Venezuela aimed at preserving the electoral path and at enlarging the democratic space in that country, the Council considers that the restrictive measures set out in that Decision should be renewed until 10 January 2025.












(4)


With a view to promoting the organisation of inclusive, credible and competitive elections in Venezuela, in line with the Venezuelan-led political agreement of 17 October 2023 in Barbados, and in order to support efforts by Venezuela aimed at preserving the electoral path and enlarging the democratic space in the country, the travel restrictions applied to four natural persons included in the list of natural and legal persons, entities and bodies set out in Annex I to Decision (CFSP) 2017/2074 should be suspended.












(5)


Furthermore, the entries for six natural persons in Annex I to Decision (CFSP) 2017/2074 should be updated.












(6)


Decision (CFSP) 2017/2074 should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Decision (CFSP) 2017/2074 is amended as follows:






(1)


in Article 6, the following paragraph is inserted:

‘1a.   Paragraph 1 shall not apply to the natural persons identified with an asterisk in the Annex.’











(2)


in Article 13, the first paragraph is replaced by the following:

                              ‘This decision shall apply until 10 January 2025.’
                           ;









(3)


Annex I is amended in accordance with the Annex to this Decision.






Article 2
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, 13 May 2024.


For the Council


The President

B. DALLE
            





(1)  Council Decision (CFSP) 2017/2074 of 13 November 2017 concerning restrictive measures in view of the situation in Venezuela (OJ L 295, 14.11.2017, p. 60).

(2)  Council Decision (CFSP) 2023/2498 of 10 November 2023 amending Decision (CFSP) 2017/2074 concerning restrictive measures in view of the situation in Venezuela (OJ L, 2023/2498, 13.11.2023, ELI: http://data.europa.eu/eli/dec/2023/2498/oj).




ANNEX
Annex I to Decision (CFSP) 2017/2074 is amended as follows:






(1)


in the ‘List of natural and legal persons, entities and bodies referred to in Articles 6(1) and 7(1)’, entries 6, 9, 17, 18, 21, 23, 29, 48, 49 and 50 are replaced by the following entries:









 


Name


Identifying information


Reasons


Date of listing




‘6.


Tarek William SAAB HALABI


Date of birth: 10 September 1963
Place of birth: El Tigre, Anzoátegui state, Venezuela
Gender: male


President of the Republican Moral Council since December 2023. Venezuelan Attorney General appointed by the Constituent Assembly. In those roles, and in previous roles as Ombudsman and President of the Republican Moral Council, he has undermined democracy and the rule of law in Venezuela by publicly supporting actions against opponents of the government of Venezuela and the withdrawal of competences from the National Assembly.


22.1.2018




9.


Sergio José RIVERO MARCANO


Date of birth: 8 November 1964
Gender: male


Inspector General of the Bolivarian National Armed Forces (FANB), General Commander of the Bolivarian National Guard until 16 January 2018, placed in “active reserve” in July 2023. Involved in the repression of civil society and democratic opposition in Venezuela, and responsible for serious human rights violations committed by the Bolivarian National Guard under his command, including the excessive use of force, and the arbitrary detention and abuse of civil society and opposition members. His actions and policies as General Commander of the Bolivarian National Guard, including the Bolivarian National Guard assaulting members of the democratically elected National Assembly and intimidating journalists reporting on the fraudulent elections for the illegitimate Constituent Assembly, have undermined democracy and the rule of law in Venezuela.


25.6.2018




17.


Socorro Elizabeth
HERNÁNDEZ*



Date of birth: 11 March 1952
Gender: female


Member (Rector) of the National Electoral Council (CNE) until 12 June 2020 and member of the National Electoral Board (JNE). Responsible for the CNE’s activities which have undermined democracy in Venezuela, including facilitating the establishment of the illegitimate Constituent Assembly and manipulation of the electoral process in relation to a cancelled presidential recall election in 2016, postponement of gubernatorial elections in 2016, and the relocation of polling stations at short notice before gubernatorial elections in 2017.


25.6.2018




18.


Xavier Antonio
MORENO REYES*



Gender: male


Secretary-General of the National Electoral Council (CNE) from 2009 until June 2020. In that role, Moreno Reyes facilitated, legitimised and gave credibility to CNE decisions, since the Secretary-General of the CNE has a role in agenda-setting and formalising decisions. Moreno Reyes remained Secretary-General of CNE while democracy was severely undermined and the independent role of the CNE within the electoral process was compromised. He is therefore responsible for undermining democracy in Venezuela, including facilitating the establishment of the illegitimate Constituent Assembly and the manipulation of the electoral process.


25.6.2018




21.


Carlos Alberto CALDERÓN CHIRINOS


Date of Birth: 3 July 1970
ID number: V-10352300
Gender: male


Official with the elite command of the Venezuelan National Police (PNB/FAES). Appointed Deputy Director of the Directorate of Strategic and Tactical Actions (DAET) of the PNB in 2023. Former senior office holder (referred to as General Commissioner, Director of El Helicoide and Director of Strategic Investigations) in the Bolivarian National Intelligence Service (SEBIN). Officials of the Directorate for Strategic Investigations under his supervision have committed illegal detentions, acts of torture and other ill-treatment, and sexual and gender-based violence. Responsible for serious human rights violations, including torture, the use of excessive force and the mistreatment of detainees in SEBIN facilities. In particular, he has participated in and is responsible for acts of torture and the cruel, inhuman and degrading treatment of detainees at El Helicoide, a SEBIN prison.


27.9.2019




23.


Rafael Antonio FRANCO QUINTERO


Date of birth: 14 October 1973
ID number: V-11311672
Gender: male


Division General of the Venezuelan Bolivarian National Army (FANB). Agent in the Bolivarian National Intelligence Service (SEBIN). Head of Security at Maiquetía International Airport since August 2019. Director of the Special Directorate of Criminal and Criminalistics Investigations (DEIPC) at the Directorate-General of Military Counter-Intelligence (Dirección General de Contrainteligencia Militar (DGCIM)) between November 2016 and November 2018. Responsible for serious human rights violations, including torture, the use of excessive force and the ill-treatment of detainees in DGCIM facilities by members of the DGCIM under his command, notably at the Boleita detention centre. Officials under his authority were also implicated in sexual violence against detainees. Also responsible for the repression of civil society and democratic opposition by members of the DGCIM under his command. Linked to the death of Captain Acosta Arévalo.


27.9.2019




29.


Elvis Eduardo HIDROBO AMOROSO*



Date of birth: 4 August 1963
Place of birth: Caracas, Distrito Capital, Venezuela
ID number: V-7659695
Gender: male


President of the National Electoral Commission of Venezuela since 24 August 2023. Former Comptroller General (between 23 October 2018 and August 2023), and former First and Second Vice-President of the non-recognised National Constituent Assembly (ANC). His actions have undermined democracy and the rule of law in Venezuela, including by banning opposition members from holding public office for 15 years and leading the non-recognised ANC, signing the “law against hatred”, justifying the removal of a legally-elected opposition governor and banning Juan Guaidó from running for any public office.


29.6.2020




48.


Leonardo Enrique
MORALES POLEO*



Gender: male


Former Vice-President of the National Electoral Council (Consejo Nacional Electoral (CNE)) and President of the Political Participation and Financing Commission (August 2020–May 2021). Leonardo Enrique Morales Poleo was appointed Vice-President of the CNE and President of the Political Participation and Financing Commission on 7 August 2020 by the Supreme Court (Tribunal Supremo de Justicia (TSJ)) although this prerogative belongs to the National Assembly. Moreover, just prior to his appointment he served in the Advanced Progressive Party (Avanzada progresista). As member (rector) and Vice-President of the CNE, he fully took part in the decision-making process of the CNE. He supported and facilitated the supervision of the electoral process that led to the non-democratic elections of the National Assembly on 6 December 2020. His actions have therefore further undermined democracy and the rule of law in Venezuela. Leonardo Enrique Morales Poleo accepted to be appointed to the CNE and remained in his position as Vice-President of the CNE while democracy was severely undermined in Venezuela.


22.2.2021




49.


Tania D’AMELIO CARDIET


Date of birth: 5 December 1971
Place of birth: Italy
Nationality: Venezuelan
ID-number: V-11691429
Gender: female


Second Vice-President of the Supreme Court (Tribunal Supremo de Justicia (TSJ)), and President of the Constitutional Chamber of that court, since January 2024. Former member (rector) of the National Electoral Council (Consejo Nacional Electoral (CNE)) for the period 2016-2023. Former Member (rector) of the CNE for the period 2010-2016. Tania d’Amelio Cardiet, as rector of the CNE since 2010, contributed directly by her activity in her functions to the undermining of democracy and the rule of law in Venezuela, including by preparing the non-democratic 2020 National Assembly elections, participating in the change of 30 June 2020 to the electoral norms for those elections, and participating in the organisation and execution of the 2018 presidential elections. Moreover, Tania d’Amelio Cardiet accepted her 2016 appointment at the CNE by the Supreme Court, although this prerogative belongs to the National Assembly.


22.2.2021




50.


José Miguel DOMÍNGUEZ RAMÍREZ


Date of birth: 17 October 1979
ID-number: V-14444352
Gender: male


Director of the Directorate of Strategic and Tactical Actions (DAET) since July 2022 and Assistant Director of the Bolivarian National Police (PNB) since July 2023. Former Director of the Special Action Forces (Fuerzas de Acciones Especiales (FAES)). Former Chief Commissioner of the FAES in Táchira State. Additionally, José Miguel Domínguez Ramírez was the Director of Operations of the FAES, which fall within Venezuela’s Bolivarian National Police. Responsible for serious human rights violations and repressing of civil society and democratic opposition in Venezuela committed by FAES officials under his authority. The FAES are known for extrajudicial killings and their violent role in suppressing dissent from Maduro’s political opponents, the opposition, and protesters, which is why the United Nations High Commissioner for Human Rights, Michelle Bachelet, has demanded the dissolution of the FAES. Moreover, previously, Domínguez Ramírez was a member of the Venezuelan security team that opened fire on unarmed student protestors on 12 February 2014, resulting in the death of at least one of the students, Bassil Da Costa.


22.2.2021’.














(2)


the following sentence is added after the table:






‘*



Article 6(1) shall not apply to entries identified with an asterisk.’.











ELI: http://data.europa.eu/eli/dec/2024/1339/oj
ISSN 1977-0677 (electronic edition)