Decision (CFSP) 2024/254: Framework for Targeted Restrictive Measures in View of the Situation in Guatemala
On January 12, 2024, the Decision (CFSP) 2024/254 of the Council of the European Union was adopted. This norm establishes a framework for targeted restrictive measures in view of the situation in Guatemala, which is considered a threat to its stability and that of the region. The key points of this decision are presented below:
- Reasons for the Decision: The situation in Guatemala is considered a threat to its stability and the region, which has led to the adoption of a specific framework of restrictive measures against natural persons or entities or bodies responsible for actions that undermine democracy, the rule of law or the peaceful transfer of power in Guatemala, or that undermine democracy through serious financial violations involving public funds and the unauthorised export of capital.
- Measures taken: The Decision provides for the freezing of funds and economic resources and the prohibition of their disposal for certain persons or entities associated with the above-mentioned actions.
- Respect for Fundamental Rights: The Regulation respects 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, to a fair trial, to a defence and to the protection of personal data. It is established that the Regulation must be applied in accordance with these rights.
- Procedure for Amendment of the List: It provides that designated natural or legal persons, entities or bodies must be informed of the reasons for their inclusion on the list, so that they have the opportunity to comment.
- Protection of Personal Data: It provides that any processing of personal data must comply with the provisions of Regulations (EU) 2016/679 and (EU) 2018/1725 of the European Parliament and of the Council.
- Cooperation between Member States and the Commission: Member States and the Commission should inform each other of the measures taken under this Regulation and of other relevant information at their disposal in connection with this Regulation.
- Sanctions to be applied: Member States are encouraged to lay down rules on penalties applicable to infringements of the provisions of this Regulation, which should be effective, proportionate and dissuasive.
It is important to note that so far, no persons nor entities have been included in the list of sanctioned persons in Annex I of Council´s Decision. This information is relevant to contextualise that, despite the adoption of the decision and the establishment of the framework for restrictive measures, no specific individuals or entities have been included in the list of sanctioned persons.
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