LegalizeReform history
Council Regulation (EU) 2019/1716 of 14 October 2019 concerning restrictive measures in view of the situation in Nicaragua
10 versions
· 2019-10-14
2025-10-01
Council Regulation (EU) 2019/1716 of 14 October 2019 concerning restric
2024-10-10
Council Regulation (EU) 2019/1716 of 14 October 2019 concerning restric
2024-09-13
Council Regulation (EU) 2019/1716 of 14 October 2019 concerning restric
2023-11-29
Council Regulation (EU) 2019/1716 of 14 October 2019 concerning restric
2023-10-11
Council Regulation (EU) 2019/1716 of 14 October 2019 concerning restric
2022-10-15
Council Regulation (EU) 2019/1716 of 14 October 2019 concerning restric
2022-01-10
Council Regulation (EU) 2019/1716 of 14 October 2019 concerning restric
2021-08-02
Council Regulation (EU) 2019/1716 of 14 October 2019 concerning restric
2020-05-04
Council Regulation (EU) 2019/1716 of 14 October 2019 concerning restric
Changes on 2020-05-04
@@ -10,45 +10,33 @@
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 includes 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;
(iii)a claim for compensation in respect of a contract or transaction;
(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;
(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;
(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;
(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;
(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;
(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;
(vi)letters of credit, bills of lading, bills of sale; and
(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.
(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 includes 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;
(iii) a claim for compensation in respect of a contract or transaction;
(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;
(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;
(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;
(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;
(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;
(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;
(vi) letters of credit, bills of lading, bills of sale; and
(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.
#### Article 2
@@ -58,25 +46,25 @@
3. Annex I shall include natural or legal persons, entities and bodies which, in accordance with Articles 1(1) and 2(1) of Decision (CFSP) 2019/1720, have been identified by the Council as:
(a)being responsible for serious human rights violations or abuses or for the repression of civil society and democratic opposition in Nicaragua;
(b)undermining democracy and the rule of law in Nicaragua;
(c)being associated with the natural or legal persons, entities or bodies referred to in points (a) and (b).
(a) being responsible for serious human rights violations or abuses or for the repression of civil society and democratic opposition in Nicaragua;
(b) undermining democracy and the rule of law in Nicaragua;
(c) being associated with the natural or legal persons, entities or bodies referred to in points (a) and (b).
#### Article 3
1. By way of derogation from Article 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 natural or legal persons listed in Annex I 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 payment of reasonable professional fees or reimbursement of incurred expenses associated with the provision of legal services;
(c)intended exclusively for payment of fees or service charges for 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 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.
(a) necessary to satisfy the basic needs of natural or legal persons listed in Annex I 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 payment of reasonable professional fees or reimbursement of incurred expenses associated with the provision of legal services;
(c) intended exclusively for payment of fees or service charges for 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 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.
2. The Member State concerned shall inform within two weeks the other Member States and the Commission of any authorisation granted under paragraph 1.
@@ -84,13 +72,13 @@
1. By way of derogation from Article 2(1), the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, if the following conditions are met:
(a)the funds or economic resources are subject to 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;
(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.
(a) the funds or economic resources are subject to 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;
(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.
2. The Member State concerned shall inform within two weeks the other Member States and the Commission of any authorisation granted under paragraph 1.
@@ -98,9 +86,9 @@
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 of the Member States may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources, provided that the competent authority concerned has determined that:
(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).
(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).
2. The Member State concerned shall inform within two weeks the other Member States and the Commission of any authorisation granted under paragraph 1.
@@ -116,11 +104,11 @@
2. Article 2(2) shall not apply to the addition to frozen accounts of:
(a)interest or other earnings on those accounts;
(b)payments due under contracts, agreements or obligations that were concluded or arose 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;
(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
(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).
@@ -128,9 +116,9 @@
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, to the competent authority of the Member State where they are resident or located, and they shall transmit such information, directly or through the Member State, to the Commission; and
(b)cooperate with the competent authority in any verification of this information.
(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, to the competent authority of the Member State where they are resident or located, and they shall transmit such information, directly or through the Member State, to the Commission; and
(b) cooperate with the competent authority in any verification of this information.
2. Any additional information received directly by the Commission shall be made available to the Member States.
@@ -150,9 +138,9 @@
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)designated 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 persons, entities or bodies referred to in point (a).
(a) designated 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 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.
@@ -162,9 +150,9 @@
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:
(a)in respect of funds frozen under Article 2 and authorisations granted under Articles 3 to 6;
(b)in respect of violation and enforcement problems and judgments handed down by national courts.
(a) in respect of funds frozen under Article 2 and authorisations granted under Articles 3 to 6;
(b) in respect of 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.
@@ -192,15 +180,13 @@
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;
(b)as regards the High Representative, preparing amendments to Annex I;
(c)as regards the Commission:
(i)adding the contents of Annex I in the electronic, consolidated list of persons, groups and entities subject to Union financial sanctions and in the interactive sanctions map, both publicly available;
(ii)processing information on the impact of the measures of this Regulation such as the value of frozen funds and information on authorisations granted by the competent authorities.
(a) as regards the Council, preparing and making 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 in the electronic, consolidated list of persons, groups and entities subject to Union financial sanctions and in the interactive sanctions map, both publicly available;
(ii) processing information on the impact of the measures of this Regulation such as the value of frozen funds and information on authorisations granted by the competent authorities.
2. The Council, the Commission 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 Annex I.
@@ -218,15 +204,15 @@
This Regulation shall apply:
(a)within the territory of the Union, including its airspace;
(b)on board of any aircraft or any 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;
(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.
(a) within the territory of the Union, including its airspace;
(b) on board of any aircraft or any 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;
(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.
#### Article 19
@@ -236,7 +222,14 @@
## ANNEX I
[…]
| | Name | Identifying information | Reasons | Date of listing |
| --- | --- | --- | --- | --- |
| 1. | Ramón Antonio AVELLÁN MEDAL | Date of birth: 11 November 1954 Place of birth: Jinotepe, Nicaragua Passport number: A0008696 Issued: 17 October 2011 Expires: 17 October 2021 Gender: male | Deputy Director-General of the Nicaraguan National Police (NNP) and former chief of the police in Masaya. Responsible for serious human rights violations and for the repression of civil society and democratic opposition in Nicaragua, including by coordinating the repression of protesters in Masaya in 2018. | 4.5.2020 |
| 2. | Sonia CASTRO GONZÁLEZ | Date of birth: 29 September 1967 Place of birth: Carazo, Nicaragua Passport number: A00001526 Issued: 19 November 2019 Expires: 19 November 2028 ID number: 0422909670000N Gender: female | Special advisor to the President of Nicaragua on health issues and former Minister of Health. Responsible for serious human rights violations and for the repression of civil society and democratic opposition in Nicaragua, including by hindering access to emergency medical assistance for injured civilians involved in demonstrations and ordering hospital staff to report demonstrators who have been brought to hospital by the police. | 4.5.2020 |
| 3. | Francisco Javier DÍAZ MADRIZ | Date of birth: 3 August 1961 Gender: male | General Director of the Nicaraguan National Police (NNP) since 23 August 2018 and former Deputy General Director of NNP. Responsible for serious human rights violations and for the repression of civil society and democratic opposition in Nicaragua, including by leading police forces committing violence against civilians, including excessive use of force, arbitrary arrests and detentions and torture. | 4.5.2020 |
| 4. | Néstor MONCADA LAU | Date of birth: 2 March 1954 Gender: male | Personal advisor to the President of Nicaragua on national security matters. In this capacity, he has been directly involved in and responsible for decision-making on national security matters and the establishment of repressive policies carried out by the State of Nicaragua against people taking part in demonstrations, opposition representatives and journalists in Nicaragua from April 2018 onwards. | 4.5.2020 |
| 5. | Luís PÉREZ OLIVAS | Date of birth: 8 January 1956 Gender: male | General Commissioner and Legal Assistance Main Officer (DAEJ) in the ‘El Chipote’ penitentiary centre. Responsible for serious human rights violations, including torture, use of extensive force, mistreatment of detainees and other forms of degrading treatment. | 4.5.2020 |
| 6. | Justo PASTOR URBINA | Date of birth: 29 January 1956 Gender: male | Head of Police Special Operations Unit (DOEP). He has been directly involved in the implementation of repressive policies against demonstrators and the opposition in Nicaragua, particularly in Managua. In this context, he is responsible for serious human rights violations and for the repression of civil society and democratic opposition in Nicaragua. | 4.5.2020 |
## ANNEX II
2019-10-15
Council Regulation (EU) 2019/1716 of 14 October 2019 concerning rest
original version
Text at this date