Council Regulation (EU) 2022/2309 of 25 November 2022 concerning restrictive measures in view of the situation in Haiti

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 28 November 2022, 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;
• (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 this purpose ‘contract’ includes a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, and credit, whether legally independent or not, as well as any related provision arising under, or in connection with, the transaction;

• (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 which 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 benefits 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 derivative 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;
• (vii) documents showing evidence of an interest in funds or financial resources;

• (h) ‘Sanctions Committee’ means the Committee of the United Nations Security Council established pursuant to paragraph 19 of UNSCR 2653 (2022);

• (i) ‘technical assistance’ means any technical support related to repairs, development, manufacture, assembly, testing, maintenance or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services, including verbal forms of assistance;

• (j) ‘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;

• (k) ‘brokering services’ means:
• (i) the negotiation or arrangement of transactions for the purchase, sale or supply of goods and technology, or of financial and technical services, from a third country to any other third country; or
• (ii) the selling or buying of goods and technology, or of financial and technical services, that are located in third countries for their transfer to another third country;

• (l) ‘financing or financial assistance’ means any action, irrespective of the particular means chosen, whereby the natural or legal person, entity or body concerned, conditionally or unconditionally, disburses or commits to disburse its own funds or economic resources, including but not limited to grants, loans, guarantees, suretyships, bonds, letters of credit, supplier credits, buyer credits, import or export advances and all types of insurance and reinsurance, including export credit insurance. Payment as well as terms and conditions of payment of the agreed price for a good or a service, made in line with normal business practice, do not constitute financing or financial assistance.

Article 2

• (a) provide, directly or indirectly, technical assistance or brokering services related to military activities or the provision, manufacture, maintenance and use of the goods and technology listed in the Common Military List or firearms, their parts and essential components, and ammunition as defined in Regulation (EU) No 258/2012 to any natural or legal person, entity or body in Haiti or for use in Haiti;

• (b) provide, directly or indirectly, financing or financial assistance related to military activities or the provision, manufacture, maintenance and use of the goods and technology listed in the Common Military List or firearms, their parts and essential components, and ammunition as defined in Regulation (EU) No 258/2012, or the provision of related technical assistance or brokering services, to any natural or legal person, entity or body in Haiti or for use in Haiti.

Article 3

Article 4

• (a) engaging in, directly or indirectly, or supporting criminal activities and violence involving armed groups and criminal networks that promote violence, including forcible recruitment of children by such groups and networks, kidnappings, trafficking in persons and the smuggling of migrants, and homicides and sexual and gender-based violence;

• (b) supporting illicit trafficking and diversion of arms and related materiel, or illicit financial flows related thereto;

• (c) acting for or on behalf of or at the direction of or otherwise supporting or financing a person or entity designated in connection with the activity described in points (a) and (b), including through the direct or indirect use of the proceeds from organised crime, including proceeds from illicit production and trafficking in drugs and their precursors originating in or transiting through Haiti, the trafficking in persons and the smuggling of migrants from Haiti or the smuggling and trafficking of arms to or from Haiti;

• (d) acting in violation of the arms embargo established in paragraph 11 of UNSCR 2653 (2022), or as having directly or indirectly supplied, sold, or transferred to armed groups or criminal networks in Haiti, or as having been the recipient of, arms or any related materiel, or any technical advice, training or assistance, including financing and financial assistance, related to violent activities of armed groups or criminal networks in Haiti;

• (e) planning, directing, or committing acts that violate international human rights law or acts that constitute human rights abuses, including those involving extrajudicial killing, including of women and children, and the commission of acts of violence, abduction, enforced disappearances or kidnappings for ransom in Haiti;

• (f) planning, directing or committing acts involving sexual and gender-based violence, including rape and sexual slavery, in Haiti;

• (g) obstructing delivery of humanitarian assistance to Haiti or access to, or distribution of, humanitarian assistance in Haiti;

• (h) attacking personnel or premises of United Nations missions and operations in Haiti, or providing support for such attacks;

• (i) engaging in illicit exploitation of natural resources or illicit trade in natural resources.

Article 4a

• (a) responsible for or complicit in, or having engaged in, directly or indirectly, actions that threaten the peace, stability and security of Haiti, including:
• (i) engaging in, directly or indirectly, or supporting criminal activities and violence involving armed groups and criminal networks that promote violence, including forcible recruitment of children by such groups and networks, kidnappings, trafficking in persons and the smuggling of migrants, and homicides and sexual and gender-based violence;
• (ii) supporting illicit trafficking and diversion of arms and related materiel, or illicit financial flows related thereto;
• (iii) acting for or on behalf of or at the direction of, or otherwise supporting or financing, a person or entity designated in connection with the activity described in points (i) and (ii), including through the direct or indirect use of the proceeds from organised crime, including proceeds from illicit production and trafficking in drugs and their precursors originating in or transiting through Haiti, the trafficking in persons and the smuggling of migrants from Haiti, or the smuggling and trafficking of arms to or from Haiti;
• (iv) acting in violation of the arms embargo, or having directly or indirectly supplied, sold or transferred to armed groups or criminal networks in Haiti, or having been the recipient of, arms or any related materiel, or any technical advice, training or assistance, including financing and financial assistance, related to violent activities of armed groups or criminal networks in Haiti;
• (v) planning, directing or committing acts that violate international human rights law or acts that constitute human rights abuses, including those involving extrajudicial killing, including of women and children, and the commission of acts of violence, abduction, enforced disappearances or kidnappings for ransom in Haiti;
• (vi) planning, directing or committing acts involving sexual and gender-based violence, including rape and sexual slavery, in Haiti;
• (vii) obstructing the delivery of humanitarian assistance to Haiti or access to, or the distribution of, humanitarian assistance in Haiti;
• (viii) attacking personnel or premises of Union delegations and Member State diplomatic missions and operations in Haiti, or providing support for such attacks;
• (ix) engaging in illicit exploitation of natural resources or illicit trade in natural resources;

• (b) undermining democracy or the rule of law in Haiti through serious financial misconduct concerning public funds or the unauthorised export of capital; or

• (c) associated with natural or legal persons, entities or bodies designated under points (a) and (b).

Article 5

Article 3 (1) and (2) shall not apply to the making available of funds or economic resources necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:

• (a) the United Nations, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;

• (b) international organisations;

• (c) humanitarian organisations having observer status with the United Nations General Assembly and members of those humanitarian organisations;

• (d) bilaterally or multilaterally funded non-governmental organisations participating in the United Nations Humanitarian Response Plans, Refugee Response Plans, other United Nations appeals or humanitarian clusters coordinated by the United Nations Office for the Coordination of Humanitarian Affairs (OCHA);

• (e) the employees, grantees, subsidiaries, or implementing partners of the entities mentioned in points (a) to (d) while and to the extent that they are acting in those capacities; or

• (f) other appropriate actors as determined by the Sanctions Committee as regards Annex I and by the Council as regards Annex Ia.

Article 6

• (a) necessary to satisfy the basic needs of natural or legal persons, entities or bodies listed in Annex I or Annex Ia, 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;

• (c) intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources, where the authorisation concerns a natural or legal person, entity or body listed in Annex I and provided that the competent authority of the Member State concerned has notified the Sanctions Committee of that determination and of its intention to grant an authorisation, and in the absence of a negative decision by the Sanctions Committee within 5 working days of such notification.

• (a) where the authorisation concerns a natural or legal person, entity or body listed in Annex I, such determination has been notified to the Sanctions Committee by the competent authority of the Member State concerned and that the determination has been approved by that Committee; and

• (b) where the authorisation concerns a natural or legal person, entity or body listed in Annex Ia, the Member State concerned has notified other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least 2 weeks prior to granting the authorisation.

Article 6a

Article 6b

Article 7

• (a) the funds or economic resources are the subject of:
• (i) for a natural or legal person, entity or body listed in Annex I, a judicial, administrative or arbitral decision established prior to the date on which the natural or legal person, entity or body referred to in Article 4 was included in Annex I, or of a judicial, administrative or arbitral lien rendered prior to that date;
• (ii) for a natural or legal person, entity or body listed in Annex Ia, an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in Article 4a was included in Annex Ia, 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 a decision as referred to in point (a) 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 or lien is not for the benefit of a natural or legal person, entity or body listed in Annex I or Annex Ia;

• (d) the recognition of the decision or lien is not contrary to public policy in the Member State concerned; and

• (e) for a natural or legal person, entity or body listed in Annex I, the Sanctions Committee has been notified by the Member State of the decision or lien.

Article 8

• (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 or Annex Ia; and

• (b) the payment is not in breach of Article 3(2).

1a. For a natural or legal person, entity or body listed in Annex I, the intention to grant an authorisation shall be notified by the relevant Member State to the Sanctions Committee 10 working days in advance.

Article 9

• (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 4 was included in Annex I or Annex Ia; or

• (c) payments due to a natural or legal person, entity or body listed in Annex Ia 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 are frozen in accordance with Article 3.

Article 10

• (a) supply immediately any information which would facilitate compliance with this Regulation, such as information on accounts and amounts frozen in accordance with Article 3(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).

Article 11

• (a) report before 9 January 2023 or within 6 weeks from the date of listing in Annex I, whichever is the latest, funds or economic resources within the jurisdiction of a Member State belonging to, owned, held or controlled by them, to the competent authority of the Member State where those funds or economic resources are located;

• (aa) report before 9 September 2023 or within 6 weeks from the date of listing in Annex Ia, whichever is the latest, funds or economic resources within the jurisdiction of a Member State belonging to, owned, held or controlled by them, to the competent authority of the Member State where those funds or economic resources are located; and

• (b) cooperate with the competent authority in any verification of such information.

5a. The obligation in paragraph 2, point (aa), shall not apply until 2 September 2023 with regard to funds or economic resources located in a Member State that had laid down a similar reporting obligation under national law before 1 August 2023.

Article 12

Article 13

• (a) natural or legal persons, entities or bodies listed in Annex I or Annex Ia;

• (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 14

• (a) funds frozen under Article 3(1) and authorisations granted under Articles 6, 6a, 6b, 7 and 8;

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

Article 15

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

Article 16

1a. The Council shall establish and amend the list of natural and legal persons, entities and bodies set out in Annex Ia.

1b. The Council shall communicate its decision to a natural or legal person, entity or body as referred to in paragraphs 1 and 1a, including the grounds for listing, 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.

The list set out in Annex Ia shall be reviewed at regular intervals and at least every 12 months.

Article 17

Article 18

• (a) as regards the Council, preparing and making amendments to Annexes I and Ia;

• (b) as regards the High Representative, preparing amendments to Annexes I and Ia;

• (c) as regards the Commission:
• (i) adding the contents of Annexes I and Ia 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.

Article 19

Article 20

This Regulation shall apply:

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

• (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;

• (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 21

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.

ANNEX I

List of natural and legal persons, entities and bodies referred to in Article 2, 3 and 9

PERSONS

• 1. Jimmy CHERIZIER (a.k.a ‘Barbeque’) has engaged in acts that threaten the peace, security, and stability of Haiti and has planned, directed or committed acts that constitute serious human rights abuses. Jimmy Cherizier is one of Haiti’s most influential gang leaders and leads an alliance of Haitian gangs known as the ‘G9 Family and Allies’.

• Function: Former Police Officer

• DOB: 30 March 1977

• POB: Port-au-Prince, Haiti

• Nationality: Haitian

• National identification no: 001-843-989-7 (NIF – Haiti)

• Address: 16, Imp Manius, Delmas 40 B, Port-au-Prince, Haiti

• Date of UN designation: 21 October 2022

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

While serving as an officer in the Haitian National Police (HNP), Cherizier planned and participated in the November 2018 deadly attack against civilians in a Port-au-Prince neighbourhood known as La Saline. During this attack, at least 71 people were killed, over 400 houses were destroyed and at least seven women were raped by armed gangs. Throughout 2018 and 2019, Cherizier led armed groups in coordinated, brutal attacks in Port-au-Prince neighbourhoods. In May 2020, Cherizier led armed gangs in a five-day attack in multiple Port-au-Prince neighbourhoods in which civilians were killed and houses were set on fire. As of 11 October 2022, Cherizier and his ‘G9 Family and Allies’ gang confederation have been actively blocking the free movement of fuel from the Varreux fuel terminal – the largest in Haiti. His actions have directly contributed to the economic paralysis and humanitarian crisis in Haiti.

• 1. Johnson ANDRE (a.k.a. Izo). Listed pursuant to paragraph 15 of United Nations Security Council Resolution 2653 (2022) for the measures listed in paragraphs 3 and 6 of that Resolution, as further elaborated by paragraph 16(a), (e), (f) and (g) of that Resolution.

• Function: leader of 5 Segond gang

• DOB: 1997

• POB: Port-au-Prince, Haiti

• Nationality: Haitian

• Date of UN designation: 8 December 2023

• Gender: male

• Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

• Johnson Andre (aka ‘Izo’) is the main leader of the 5 Segond gang and has played an increasingly influential role within G-Pep alliance (see UN document S/2023/674, para 54). Under Andre’s leadership, 5 Segond has been involved in various criminal activities that threaten the peace, security, and stability of Haiti, including, rape, burglary, despoliation, kidnapping, drug trafficking, trafficking of weapons, and obstructing the delivery of humanitarian assistance (see UN document S/2023/674, Annex 4). Andre is also wanted by the Haitian National Police (HNP) for crimes including murder, kidnapping for ransom, illegal possession of firearms, vehicle theft, and hijacking of goods (see UN document S/2023/674, Annex 11).

• With expansionist ambitions and substantial resources acquired through illicit activities, Andre has extended 5 Segond’s influence over the past three years, spreading violence in other areas of Port-au-Prince (see UN document S/2023/674, para 54). Moreover, the gang has carried out attacks against public institutions, including the Court of First Instance, which was ransacked in 2022 and currently remains under the control of the 5 Segond (see UN document S/2023/674, para 29).

• Andre has used the maritime route to provide support to his gang’s northern cells, as well as to the Canaan gang, and strategically operates from there, conducting kidnappings in the Delmas, Bon Repos and Lilavois areas, hijacking trucks and stealing goods. Between April 18 and June 23, 2023, four attacks resulting in the kidnapping of over 30 individuals were attributed to the 5 Segond gang (see UN document S/2023/674, para 64).

• The gang’s activities have also severely disrupted the free movement of persons and vehicles along National Roads (NR) 1 and 2, as well as at sea, through acts of piracy. In October 2022, members of 5 Segond intensified the hijacking of freight trucks transporting containers of high value merchandise along NR1. Along NR2 in Martissant, 5 Segond carried out extortion operations (see UN document S/2023/674, para 79). This has restricted access to strategic points, stifled the local economy, and disrupted access to food and other critical goods, including humanitarian aid.

• In November 2022, the 5 Segond gang took 38 hostages including 36 passengers and 2 drivers, who were in 2 minibuses at the station preparing to go to Miragoâne. In a video, Andre asserted that this kidnapping was in response to the death of one of his men.

• The 5 Segond gang has exploited the fragile security environment to generate additional revenue through drug trafficking. Some sources indicated that drugs were shipped directly from South America to the Village de Dieu area, sometimes along with firearms. From Village-de-Dieu, Izo has the support of other gangs, such as Canaan, Gran Grif and Kokorat San Ras, to move drugs up to Port-de-Paix and out of the country (see UN document S/2023/674, para 121).

• The Panel of Experts also identified rapes committed by the 5 Segond gang (see UN document S/2023/674, para 136).

• 1. Renel DESTINA (a.k.a. Ti Lapli). Listed pursuant to paragraph 15 of United Nations Security Council Resolution 2653 (2022) for the measures listed in paragraphs 3 and 6 of that Resolution, as further elaborated by paragraph 16(a), (e), (f) and (g) of that Resolution.

• Function: leader of Grand Ravine gang

• DOB: 11 June 1982

• POB: Haiti

• Nationality: Haitian

• Date of UN designation: 8 December 2023

• Gender: male

• Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

• Renel Destina (aka ‘Ti Lapli’) is the leader of the Grand Ravine gang and Johnson Andre’s key ally. Grand Ravine, composed of 300 members and an ally of G-Pep coalition, has been involved in various actions that threaten peace, security, and stability in Haiti (see UN document S/2023/674, paragraph 65).

• Under Destina’s leadership, Grand Ravine gang has committed serious crimes including murder, rape, armed robbery, destruction of property, kidnapping for ransom, theft of vehicles, hijacking of trucks and goods, and spoliation (see UN document S/2023/674, para. 136, Annex 4). Destina is also wanted by the Haitian National Police for crimes including murder, vehicle theft, truck hijacking, illegal arms possession, and kidnapping for ransom (see UN document S/2023/674, Annex 18).

• Since late 2022, the gang has tried to expand its territorial control over the neighborhoods of Carrefour-Feuilles and Savanne Pistache, committing crimes against residents and continuous attacks against the Haitian National Police such as killings, robberies, rapes, looting and burning of residences, and attacks on police officers. Two police officers were killed on August 4 and 14, 2023. On August 14, 2023, Grand Ravine attacked and rendered the Haitian electricity substation non-operational in the area. On August 15, 2023, approximately 1 020 households, comprising 4 972 individuals, had fled from Carrefour-Feuilles and Savane Pistache (see UN document S/2023/674, paragraph 65). On May 24, 2023, gunmen from Grand Ravine attacked the Carrefour-Feuilles area, killing a schoolboy (see UN document S/2023/674, Annex 40).

• According to a November 7, 2022 Department of Justice press release, Destina was indicted on charges related to the kidnapping a U.S. victim in February 2021. The victim was held for approximately 14 days, during which time the victim was threatened daily at gunpoint, while his family attempted to secure funds for release.

• According to an October 22, 2020 Haitian Times article, Destina announced on a radio broadcast that he had kidnapped Wolf Hall, the president of Titi Loto & T-Sound Lottery organization on October 18, 2020.

• In addition, Grand Ravine has established control along the National Road 2 (NR2) connecting Port-au-Prince to the South, to collect revenue from extortion, hijacking of trucks, contraband, and other illicit activities (see UN document S/2023/674, paragraph 79). This has restricted access to strategic infrastructure and stifled the local economy by disrupting access to food and other critical goods, including humanitarian aid.

• 1. Wilson JOSEPH (a.k.a. Lanmo San Jou). Listed pursuant to paragraph 15 of United Nations Security Council Resolution 2653 (2022) for the measures listed in paragraphs 3 and 6 of that Resolution, as further elaborated by paragraph 16(a), (b), (d) and (e) of that Resolution.

• Function: leader of 400 Mawozo gang

• DOB: 28 February 1993

• POB: Haiti

• Nationality: Haitian

• Date of UN designation: 8 December 2023

• Gender: male

• Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

• Wilson Joseph (aka ‘Lanmo San Jou’), is the leader of the 400 Mawozo gang, which is an active gang in the Port-au-Prince metropolitan area, notably in Croix-des-Bouquets commune, and an ally of the G-Pep coalition of gangs (see UN document S/2023/674, Section III(A)(2.3)).

• Wilson Joseph is responsible – either directly or through orders to his gang members – for the commission of human rights abuses and crimes, including those involving attacks against defenseless individuals causing death and injury, disrupting or impeding humanitarian aid (e.g. medical services), rape (including rape of minors), the recruitment of children, robbery, looting, and destruction of public property such as prisons and police stations, kidnapping, and hijacking of trucks (see UN document S/2023/674, Annex 4). These attacks have resulted in large numbers of internal displacements. Joseph is also wanted by the Haitian National Police for crimes including murder, attempted murder, vehicle theft, and kidnapping (see UN document S/2023/674, Annex 20).

• On July 24, 2022, a Croix-des-Bouquets Police Commissioner was killed and mutilated by members of 400 Mawozo gang (see UN document S/2023/674, Annex 6). In February 2023, the Higgins Brothers Surgicenter for Hope in Fonds Parisien, located in an area controlled by 400 Mawozo, reported multiple incidents of surgeons, doctors, and nurses being shot, robbed, and kidnapped while on their way to work in the past two years (see UN document S/2023/674, Annex 44). Joseph is also implicated in the high-profile kidnapping case that occurred in October 2021, when 17 foreign Christian missionaries and family members, including five minors, were abducted in Haiti (see UN document S/2023/674, Annex 32).

• 400 Mawozo gang is actively involved in trafficking arms and ammunition (see UN document S/2023/674, para. 104). Several members known to be responsible for arms and ammunition trafficking have been arrested by the Haiti National Police, including in Malpasse on April 26, 2022, and Nippes in the southwest of the country on May 14, 2022 (see UN document S/2023/674, Annex 32). In May 2022, three Haitian nationals and one United States citizen were charged with firearms trafficking in support of 400 Mawozo in Haiti (see UN document S/2023/674, Annex 32).

• 1. Vitelhomme INNOCENT. Listed pursuant to paragraph 15 of United Nations Security Council Resolution 2653 (2022) for the measures listed in paragraphs 3 and 6 of that Resolution, as further elaborated by paragraph 16(a), (e) and (f) of that Resolution.

• Function: leader of Kraze Barye gang

• DOB: 27 March 1986

• POB: Port-au-Prince, Haiti

• Nationality: Haitian

• National identification no: Haiti 004-341-263-3

• Address: 64, Soisson, Tabarre 49, Port-au-Prince

• Date of UN designation: 8 December 2023

• Gender: male

• Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

• Vitelhomme Innocent is the leader of the Kraze Barye gang, which has become one of the most powerful gangs in the Port-au-Prince metropolitan area, with an increasing number of fighters and semi-automatic weapons (see UN document S/2023/674, para. 66). Innocent has been involved in activities that threaten the peace, security, and stability of Haiti.

• Under Innocent’s leadership, the Krazye Barye gang has committed human rights abuses involving murder rape, recruitment of children, and kidnapping for ransom, as well as other crimes such as armed robbery, destruction of property, theft of vehicles, spoilation of land, and destruction of property (see UN document S/2023/674, para. 141, Annex 4). Innocent is also wanted by the Haitian National Police for crimes including murder, attempted murder, rape, armed robbery vehicle theft, and kidnapping (see UN document S/2023/674, Annex 19)

• Kraze Barye has targeted the Haitian National Police on multiple occasions, resulting in the deaths of several police officers and damage to police stations. Moreover, the populations of Petion-Ville, Kenscoff, Tabarre, Croix-des-Bouquets, and Delmas communes have repeatedly suffered attacks by Innocent’s gang over the past three years, which have contributed to displacement of thousands of people. He has continued to commit abuses against the police and the population, including those involving the spoliation of land and property, killings, looting, stealing and kidnapping of influential individuals (see UN document S/2023/674, para 66).

• In July 2023, the Kraze Barye gang continued to attack, kill, and rape residents of Fort-Jacques, Truitier and Dumornay. As of 10 August 2023, Kraze Barye’s attacks had resulted in the displacement of around 2 000 people, including 229 minors (see UN document S/2023/674, para. 151).

• Innocent has conducted targeted kidnappings against prominent figures, such as the regional director of APN port of Cap-Haïtien, the director of a private television station on ‘Route des Freres’, the director of the ‘Radio Commerciale d’Haiti,’ as well as a famous journalist and the former president of the Provisional Electoral Commission, among others (see UN document S/2023/674, Annex 22). Innocent was indicted on charges related to the October 2022 armed hostage taking, in Haiti, of two U.S. citizens, one of whom was killed during the event (Press release, United States Attorney’s Office, District of Columbia, October 24, 2023).

• 1. Prophane VICTOR. Listed pursuant to paragraph 15 of UNSC Resolution 2653 (2022) for the measures listed in paragraphs 3, 6, and 11, as further elaborated by paragraphs 16(a) and 16(b) of that Resolution.

Function: Former member of the Haitian Parliament, involved in weapons trafficking and using violence to secure political gain.

DOB: –

POB: –

Nationality: Haitian

Date of UN designation: 27 September 2024

Gender: male

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Prophane Victor has long been involved in activities that threaten the peace, security, and stability of Haiti, as well as the entire region. In particular, he has been supporting and arming gangs, trafficking weapons, diverting government revenues, and using violence to secure his political and financial gains. Prophane Victor served in the most recent National Assembly (2016-2020), where he was Member of Parliament (deputé) for Petite Riviere, Artibonite department, an area with increasing levels of violence and gang control. To secure his election as deputé in 2016 and his control over the area, Prophane Victor started arming young men in Petite Riviere who went on to form the Gran Grif gang, currently the main perpetrator of human rights abuses, including sexual violence, in the Artibonite department (see S/2023/674, para 75). He is no longer a Member of Parliament and is not serving in any political position. In addition to securing his political foothold through the use of gangs, Victor is a former senior Customs officer and a businessman who has control over parts of the Customs department, allowing him to build wealth and enabling him to engage in a range of criminal activities with impunity. According to reporting from January 2023, Victor threatened customs officers in their work. Victor continued to support Gran Grif gang until 2020 and has since supported rival gangs in that area (see S/2023/674, para 75).

• 1. Luckson ELAN. Listed pursuant to paragraph 15 of UNSC Resolution 2653 (2022) for the measures listed in paragraphs 3, 6, and 11, as further elaborated by paragraphs 16(a) 16(b), 16(d), 16(e), and 16(f) of that Resolution.

Function: Leader of Gran Grif gang

DOB: 6 January 1988

POB: –

Nationality: Haitian

Date of UN designation: 27 September 2024

Gender: male

Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Luckson Elan, leader of the Gran Grif gang, has long been involved in activities that threaten the peace, security, and stability of Haiti, as well as the entire region. His gang is the largest and most powerful in the Artibonite Department and has been expanding its territorial control, committing human rights abuses, and trafficking weapons and ammunition. On February 8, 2023, members of the Coalition of Jean Denis self-defence group intercepted a vehicle coming from Port-au-Prince which was carrying several crates of arms and ammunition destined for the Gran Grif gang (see OHCHR report, ‘Criminal Violence Extends beyond Port-au-Prince,’ Nov 2023). Under Elan’s leadership, the human rights abuses and other crimes committed by the gang include extrajudicial killings, rape, recruitment of children, robbery, destruction of property, kidnapping, and hijacking of trucks. For example, on November 30, 2023, Luckson Elan killed a woman for refusing to have sexual relations with him. In April 2024, Gran Grif committed attacks on the judiciary by killing two lawyers. Between October 2023 and January 2024, Gran Grif committed nine mass kidnappings, including 157 people. Gran Grif has also committed some of the highest levels of child recruitment in Haiti.

• 1. Dimitri HERARD. Listed pursuant to paragraph 19 of United Nations Security Council Resolution 2794 (2025) for the measures listed in paragraphs 3 and 6 of UNSC Resolution 2653 (2022).

• Function: former head of the National Palace General Security Unit (USGPN) under President Jovenel Moïse

• DOB: –

• POB: –

• Nationality: –

• Date of UN designation: 17 October 2025

• Gender: male

• Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

• Dimitri Herard has engaged in acts that threaten the peace, security, and stability of Haiti and has supported criminal activities that undermine the country’s institutions and exacerbate its humanitarian crisis. Herard is the former head of the National Palace General Security Unit (USGPN) under President Jovenel Moïse. He has played a key role in enabling the activities of criminal networks and gangs in Haiti, including supporting the Ti Bwa gang in creating a special combat unit named ‘Back up 100 plak’, which has increased its fighting capacity. Herard has been implicated in facilitating the trafficking of arms and ammunition, which have fueled gang violence and destabilized the country. His actions have contributed to the expansion of gang control over key areas, further undermining Haiti’s security and governance.

• 1. Kempes SANON. Listed pursuant to paragraph 19 of United Nations Security Council Resolution 2794 (2025) for the measures listed in paragraphs 3 and 6 of UNSC Resolution 2653 (2022).

• Function: leader of the Les Argentins gang, also known as the Bel Air gang

• DOB: –

• POB: –

• Nationality: –

• Date of UN designation: 17 October 2025

• Gender: male

• Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee:

• Kempes Sanon has engaged in actions that threaten the peace, security, and stability of Haiti through his leadership of the Les Argentins gang, also known as the Bel Air gang, which operates from its stronghold in the Haut Bel-Air area of Port-au-Prince. With approximately 150 members, the gang has been involved in systematic human rights violations, including extortion, kidnappings, and illicit taxation. Sanon has played a significant role in consolidating gang power in Port-au-Prince, particularly through his involvement in the Viv Ansanm alliance, which has launched coordinated attacks to expand gang-controlled territories. Under his leadership, Les Argentins has conducted repeated assaults on neighborhoods like Solino, resulting in numerous casualties and the displacement of thousands of residents. Sanon also maintains a network of individuals within governmental institutions, including security agencies, which enables him to evade arrest and facilitate his criminal activities. He escaped from prison in 2021, where he was incarcerated for kidnapping, theft, and assassination, and has since continued to destabilize Haiti through his actions.

ENTITIES

• 1. GRAN GRIF. Listed pursuant to paragraph 15 of United Nations Security Council Resolution 2653 (2022) for the measures listed in paragraph 6 of that Resolution, as further elaborated by paragraph 16(a) of that Resolution.

• A.k.a.: (a) Gran Grif de Savien (b) Savien gang (c) Baz Gran Grif

• Address: Haiti

• Date of UN designation: 8 July 2025

• Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee: Gran Grif is the largest gang in Haiti’s Artibonite Department. Since 2022, Gran Grif has been responsible for 80 percent of civilian deaths reported in Artibonite. Gran Grif has attacked the Haitian National Police and the UN-authorized Multinational Security Support (MSS) mission, including in the February 2025 attack that killed a Kenyan MSS mission officer. On 11 January 2024, Gran Grif members murdered and dismembered a man after he resisted Gran Grif assaults. On 3 October 2024, the Gran Grif gang, led by Luckson Elan (HTi.007), launched assaults on Pont-Sonde in the Saint Marc commune (Artibonite Department), which reports indicate resulted in the deaths of about 100 individuals and 16 injured. At least five rape cases, one of them involving a minor, have been documented. The massacre also forced more than 6 000 people to flee their homes. On 11 December 2024, Gran Grif killed 70 people in Petite-Rivière-de-l’Artibonite after a self-defense group between December 9 and 10, 2024 lynched 39 individuals accused of complicity with the gang. Between December 2023 and July 2024, the Gran Grif gang kidnapped 157 people over the course of nine separate kidnapping incidents in the Petite-Rivière-de-l’Artibonite. On 30 November 2024, a 22-year-old woman was killed by two bullets to her vagina for refusing to have sexual relations with Gran Grif gang leader Luckson Elan, at Petite-Rivière-de-l’Artibonite. Cases of rape have also been committed by the gang members of Gran Grif. In April and May 2024, two lawyers were killed by the Gran Grif gang. These attacks on the legal profession aim to create a climate of fear and intimidation and constitute serious threats to the exercise of judicial independence and legal representation.

• 1. VIV ANSANM. Listed pursuant to paragraph 15 of United Nations Security Council Resolution 2653 (2022) for the measures listed in paragraph 6 of that Resolution, as further elaborated by paragraphs 16(a) and 16(g) of that resolution.

• A.k.a.: (a) Living Together (b) G-9 (c) G9 Family and Allies (d) G9 Fanmi e Alye (e) The Revolutionary Forces of the G9 Family and Allies (f) Fòs Revolisyonè G9 an Fanmi e Alye (g) G-Pèp (h) G-People

• Address: Haiti

• Date of UN designation: 8 July 2025

• Additional information from the narrative summary of reasons for listing provided by the Sanctions Committee: Viv Ansanm, led by Jimmy Chérizier (HTi.001), is a group formed in September 2023 as a coalition of gangs through an alliance between the two main gang factions operating in Port-au-Prince, G-9 and G-Pèp. The group provides a unified platform for criminal groups to use violence to destabilize Haiti and quash actions aimed at restoring state control. Viv Ansanm has launched coordinated attacks on critical infrastructure in Haiti, including prisons, government buildings, and Haiti’s main airport in Port-au-Prince as part of a campaign that, among other things, forced the resignation of former Haitian prime minister Ariel Henry. The two opposite gang coalitions – G9 and G-Pèp – reactivated the Viv Ansanm coalition on February 29, 2024, to establish a common front against the transition government. From late February to May 2024, Port-au-Prince witnessed unprecedented levels of violence marked by coordinated gang attacks against key government buildings and critical infrastructure. Since then, the level of violence has continued to increase as Viv Ansanm looks to consolidate its territory and conquer additional neighbourhoods in Port-au-Prince. Between 11 and 19 November 2024, Viv Ansanm gangs attacked several locations in the metropolitan area of Port-au-Prince, such as Pernier, Nazon, and Vivy Mitchel, in an attempt to invade Delmas and Pétionville. The resulting violence led to at least 220 deaths, 92 injuries, and nearly 41 000 displaced people. Between 26 and 29 January 2025, Viv Ansanm launched multiple attacks in Kenscoff (West Department), south of Port-au-Prince, aiming to seize control of the area and secure access to the South-East part of the country. It is estimated that between 90 and 150 people were killed in the massacre.

• The violence also resulted in more than 100 households being destroyed, and the displacement of 3 139 people. Viv Ansanm has launched at least 10 major attacks against the National Palace since early March 2024. Viv Ansanm also repeatedly attacked, inter alia, the Ministries of Justice, Defense and the Interior, the former building of the Cour Supérieure des Comptes et du Contentieux Administratif and the general hospital, as well as Haitian National Police units, including the Unité Départementale de Maintien d’Ordre and the Port-au-Prince police station. In the northern communes of the capital, two gangs that are part of Viv Ansanm, 5 Segonn and Canaan, killed at least 10 people and burned several houses during attacks against the Arcahaïe and Cabaret communes on 6 August 2024, in a bid to extend control along the Port-au-Prince bay area, presumably to facilitate the movement of drugs and access to other areas. Minors have been involved in Viv Ansanm attacks in Port-au-Prince and in managing checkpoints. Children are used for different tasks depending on their age, sex, and skills. For example, girls usually participate in household chores and as spies to collect information from possible kidnapping victims, or to check on police or other gangs’ movements. There are also reports of girls carrying weapons and probably engaging in clashes. Between February and May 2024, Viv Ansanm adopted as a tactic the wanton destruction and ransacking of public and private infrastructure and property in Port-au-Prince metropolitan area. For example, on 24 March 2024, Viv Ansanm launched a large-scale indiscriminate attack on several blocks around the National Palace. The aim of the attack was to empty the area of the population and to cause as much damage as possible. Johnson ‘Izo’ André (HTi.002), the leader of 5 Segonn, has been identified as one of the main aggressors in the attack. In March 2024, the Viv Ansanm destroyed Jude-Anne Hospital and ransacked the Hospital and Saint Martin Health Center in the Delmas 18 neighbourhood.

• Between February and May 2024, members of the Viv Ansanm vandalized and set fire to the premises of the Faculty of Science, Faculty of Linguistics, Faculty of Agronomy and Veterinary Medicine, Faculty of Medicine and Pharmacy, the École Normale Supérieure at the State University of Haiti, the National School of Arts, the Mixed School Les Frères Nau, and the National Library in Port-au-Prince, among many other educational sites. Since late February 2024, Viv Ansanm members have attacked critical infrastructure, robbed containers carrying first aid supplies, and looted hospitals and pharmacies, among other humanitarian aid sites, particularly in the Port-au-Prince metropolitan area. Blockaded roadways and the closure of the main airport and seaport have severely restricted the movement of vital supplies and humanitarian personnel. These disruptions have worsened existing shortages and hindered the delivery of crucial humanitarian aid. On March 15, 2024, Viv Ansanm, along with civilians, looted a container with humanitarian aid belonging to UNICEF and containing essential supplies for life-saving aid to children. The closure of the main commercial port in Port-au-Prince (APN/CPS) widely affected the supply chain of basic commodities, leading to shortages of humanitarian equipment.

ANNEX Ia

List of natural and legal persons, entities and bodies referred to in Article 4a

A. Natural persons