2023-10-26

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Bahamas Securities Commission Notice on UN Security Council Renewal of Haiti Sanctions and List Amendments

The Securities Commission of The Bahamas informs licensees and registrants that the UN Security Council renewed the sanctions regime on Haiti for one year, maintaining the arms embargo, travel ban, and asset freeze. Additionally, the Security Council Committee amended the Sanctions List entry for Jimmy Cherizier on 20 October 2023. Licensees and registrants are required to take all appropriate actions to ensure full compliance with section 3A of the International Obligations (Economic and Ancillary Measures) Act, Part IV, the Anti-Terrorism Act, and section 8 of the Anti-Terrorism Regulations regarding these measures.

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Date: 23 October 2023 Dear Registrant/Licensee: Re: International Obligations (Economic and Ancillary Measures) Act, Chapter 16 (IOEAMA): Haiti Pursuant to section 3A of the International Obligations (Economic and Ancillary Measures) Act, Chapter 16 (IOEAMA), licensees and registrants of the Securities Commission of The Bahamas (the Commission) are hereby informed that on 19 October 2023, the Security Council renewed the sanctions regime imposed on Haiti, including the arms embargo, travel ban and asset freeze, for one year. By the adoption of resolution 2700 (2023) under Chapter VII of the Charter of the United Nations, the Security Council renewed the measures as set out in October 2022 in resolution 2653 (2022) (attached hereto) related to arms, finance and travel. Additionally, on 20 October 2023, the Security Council Committee established pursuant to resolution 2653 enacted the amendments, specified with strikethrough and/or underline, in the United Nations press release attached hereto, on its Sanctions List of individuals and entities. The Security Council’s press releases regarding the aforementioned, and the resolutions adopted and renewed by the Council can be found at the following web addresses:

  1. Security Council Press Release (renewal of sanctions regime): https://press.un.org/en/2023/sc15455.doc.htm
  2. Security Council Press Release (amendment to Sanctions List): https://press.un.org/en/2023/sc15459.doc.htm
  3. Resolution 2700 (2023): https://undocs.org/Home/Mobile?FinalSymbol=S%2FRES%2F2700(2023)&Language=E&DeviceT ype=Desktop&LangRequested=False
  4. Resolution 2653 (2022): https://undocs.org/Home/Mobile?FinalSymbol=S%2FRES%2F2653(2022)&Language=E&DeviceT ype=Desktop&LangRequested=False Licensees and registrants are reminded of their obligation to take all appropriate actions to ensure full compliance with s. 3A International Obligations (Economic and Ancillary Measures) Act, Part IV “Implementation of United Nations Security Resolutions”, of the Anti- Terrorism Act, and s. 8 of the Anti￾Terrorism Regulations in relation to Haiti. A copy of this notice can be found on the Commission’s website. Any inquiries concerning this notice may be directed to the Commission at: Poinciana House North Building, 2nd Floor 31A East Bay Street P. O. Box N-8347 Nassau, The Bahamas Email: info@scb.gov.bs Tel: 1 (242) 397-4100

10/23/23, 11:00 AM Security Council Renews Sanctions Regime, Targeted Arms Embargo on Haiti for One Year, Unanimously Adopting Resolut… https://press.un.org/en/2023/sc15455.doc.htm 1/4 United Nations MEETINGS COVERAGE 9444TH MEETING (AM) SC/15455 19 OCTOBER 2023 Security Council Renews Sanctions Regime, Targeted Arms Embargo on Haiti for One Year, Unanimously Adopting Resolution 2700 (2023) The Security Council today authorized the renewal for one year of the sanctions regime on Haiti, continuing a targeted arms embargo, travel ban and asset freeze established in October 2022 to address the widespread violence, criminal activity and human rights abuses plaguing the country. The Council, acting under Chapter VII of the United Nations Charter, unanimously adopted resolution 2700 (2023) (to be issued as document S/RES/2700), demanded an immediate cessation of kidnappings, sexual and gender-based violence, trafficking in persons, migrant smuggling, homicides, extrajudicial killings and recruitment of children by armed groups and criminal networks. Those designated for sanctions have been deemed directly or indirectly responsible for or complicit in actions that threaten the peace, security or stability of the country. The resolution directs the Security Council Committee on Haiti to update the list of designated individuals and entities swiftly, taking into account reports submitted by the Panel of Experts on Haiti, put in place by resolution 2653 (2022) that established the sanctions regime and the Committee to monitor and assist with compliance. By the text, the Council reaffirmed that all Member States shall take the necessary measures to prevent the supply, sale or transfer to Haiti of small arms, light weapons and ammunition, as well as taking steps to stop their illicit trafficking and diversion. It also encouraged the Government of Haiti to reinforce the weapons and ammunition management capacity of the Haitian National Police. The Council also called on the Multinational Security Support Mission, recently authorized by resolution 2699 (2023), to implement weapons and ammunition management processes and oversight mechanisms for their own arms and to cooperate with the Government of Haiti to reinforce its own such management. The resolution extended for a period of 13 months the mandate of the Panel of Experts, adding to the mandate the measures in today’s resolution. It requested the Panel to provide the Council, after discussion with the Committee, with an interim report by 29 March 2024, and a final report no later than 1 October 2024. It also asked for the Secretary-General to conduct an assessment of progress on key benchmarks, including development of judicial and rule of law capacity, reduction in violence by armed groups and criminal networks and a decrease in illicit trafficking of arms, by the latter date. Following the adoption, speakers expressed concern for the security situation in Haiti and said that coordination of the Council’s separate actions to address the crisis was needed.

10/23/23, 11:00 AM Security Council Renews Sanctions Regime, Targeted Arms Embargo on Haiti for One Year, Unanimously Adopting Resolut… https://press.un.org/en/2023/sc15455.doc.htm 2/4 “The humanitarian, political and security crisis in Haiti is a multidimensional crisis and it requires an integrated response,” said the representative of Ecuador, a co-penholder with the United States for the resolution. He noted the Council resolution earlier this month to adopt a Multinational Security Support Mission for Haiti and that three months ago it renewed the United Nations Integrated Office in Haiti (BINUH). Today’s text, he said, recognizes the need to permanently strengthen due process to ensure clear and just procedures regarding sanctions. The Council and the United Nations system cannot rest until all girls and boys in Haiti can eat property, not suffer violence, not be recruited and not see friends die due to the criminal gangs in the country, he said. The representative of Brazil, Council President for October, speaking in his national capacity, said sanctions “can be legitimate and effective when they are created in a multilateral manner, strategically targeted and designed to have minimal impact on the civilian population”. He added that sanctions alongside a serious arms embargo targeting gangs and paramilitary groups will undoubtedly help to stabilize the security situation and put Haiti back on the path to stability and sustainable development. The speaker for Switzerland stressed that the Council’s sanctions must respect procedural guarantees when individuals and entities are placed on or removed from sanctions lists. At present, States remain exposed to the risk of court litigation which creates a situation where they may not be able to enforce sanctions, he said. “Sufficient due process is the best way to remedy this and to ensure uniform and universal implementation of Security Council sanctions,” he emphasized. China’s delegate said targeted sanctions and security support are only part of the solution. He underlined the need for a Haitian-led and -owned political process, ensuring the broadest consensus towards a road map for free, fair and credible elections. Haiti’s representative expressed gratitude to Council members for their ongoing efforts to keep the situation in his country on the international agenda. Today’s resolution and the authorizing of a Multinational Security Support Mission are complementary and show the Council’s determination to contribute effectively to the establishment of a security climate that can facilitate the organization of democratic elections, he said, adding that this should lead to the restoration of State institutions. By renewing the sanctions regime, the Council is sending a clear and strong signal to those people and entities that contribute to the deterioration of the security situation in the country. He also called for Member States to be more proactive in combating the illicit arms trade. He said his delegation looks forward to the publication of the list of main protagonists who are linked to the worsening security situation in his country. The international community is making positive and qualitative progress by setting up mechanisms that can help better tackle the Haitian crisis, he said, stressing the need now to move to the effective application of the resolutions adopted on Haiti. THE QUESTION CONCERNING HAITI Statements after Vote Speaking after the vote, HERNÁN PÉREZ LOOSE (Ecuador), a co-penholder with the United States for the resolution, noted the Council resolution earlier this month to adopt a Multinational Security Support Mission for Haiti and that three months ago it renewed the United Nations Integrated Office in Haiti (BINUH). Now, “once again the Security Council is fulfilling its responsibilities established in the United Nations Charter, in renewing the sanctions related to Haiti and the Panel of Experts”, he said. “The humanitarian, political, and security crisis in Haiti is a multidimensional crisis,” he added, “and it requires an integrated response.” The list of designated persons and entities regarding sanctions needs to be updated. He added that the Multinational Security Support Mission will have to implement management processes for sophisticated weapons to stop their diversion and illicit trafficking and, in that respect, it will have to support the Government of Haiti.

10/23/23, 11:00 AM Security Council Renews Sanctions Regime, Targeted Arms Embargo on Haiti for One Year, Unanimously Adopting Resolut… https://press.un.org/en/2023/sc15455.doc.htm 3/4 He stressed that today’s resolution recognizes the need to permanently strengthen due process to ensure clear and just procedures regarding sanctions. At this time of pain and conflict in other parts of the world, this Council and the United Nations system cannot rest until all girls and boys in Haiti can eat property, not suffer violence, not be recruited and not see friends die due to the criminal gangs in the country, he said. ROBERT A. WOOD (United States) thanked Ecuador as co-penholder of the resolution, which is the third adopted by the Council on Haiti since July. Welcoming the extension of the mandate of the Haiti Panel of Experts, as well as the renewal of the arms embargo, travel ban and asset freeze measures, he said the measures outlined in the resolution will play a critical role in promoting peace and stability in Haiti and in the broader region. Voicing deep concern about the security and humanitarian situation in the country, he said the adoption of the resolution builds on the Council’s recent resolutions to renew and strengthen BINUH’s mandate and to authorize the Multinational Security Support Mission to Haiti. The United States is dedicated to adding designations to this regime, he said, encouraging other Member States to work with his delegation on that matter. SÉRGIO FRANÇA DANESE (Brazil), Council President for October, speaking in his national capacity, said sanctions “can be legitimate and effective when they are created in a multilateral manner, strategically targeted and designed to have minimal impact on the civilian population”. Welcoming the adoption of the resolution, he said that his country is always ready to evaluate requests for the inclusion of new names in the sanctions list, provided they are based on solid and well-documented arguments. “No refuge or privilege should be given to those responsible for the violence and political and institutional stalemate in the country, in particular those who manipulate gangs and the political process to benefit from the terrible situation we see at the moment,” he said. Sanctions alongside a serious arms embargo targeting gangs and paramilitary groups will undoubtedly help to stabilize the security situation and put Haiti back on the path to stability and sustainable development. ADRIAN DOMINIK HAURI (Switzerland) stressed that the Council’s sanctions must respect procedural guarantees when individuals and entities are placed on or removed from sanctions lists. Since 2005, Switzerland has been working with the Group of Like-Minded States to promote the rule of law in UN sanctions, he said, pointing out, however, that apart from the creation of the Ombudsperson mechanism in the 1267 regime — Security Council Committee pursuant to resolutions 1267 (1999) 1989 (2011) and 2253 (2015) concerning Islamic State in Iraq and the Levant (Da’esh), Al-Qaida and associated individuals, groups, undertakings and entities — little progress has been made. At present, States remain exposed to the risk of court litigation which creates a situation where they may not be able to enforce sanctions. “Sufficient due process is the best way to remedy this and to ensure uniform and universal implementation of Security Council sanctions,” he emphasized. His country has been actively involved in negotiations to strengthen fair and clear procedures, he said, noting that the Council must build upon its agreement today to promote the development of fair procedures. These efforts must go beyond the focal point, which does not meet rule of law standards, he added. GENG SHUANG (China) welcomed the renewal of sanctions for one year, noting that gangs are currently still rampant in Haiti, causing misery. Multiple Council resolutions mention the issue of gangs, testifying to its consensus on cracking down on them. He voiced hope that relevant measures are implemented to deter violence and restore peace to the country, and that countries, particularly regional States, implement measures to ensure their access to weapons is cut off. Targeted sanctions and security support are only part of the solution, he said, underlining the need for a Haitian-led and -owned political process, ensuring the broadest consensus towards a road map for free, fair and credible elections. To this end, he called on all parties to put aside their selfish interests and act with urgency to breach differences in the interest of the Haitian people. HAROLD AGYEMAN (Ghana), speaking also for Gabon and Mozambique, said the positive vote reflects their keen awareness of the critical state of the security in Haiti, which requires the Council’s urgent, consensual, and concerted action. He hailed the Council members for overcoming differences to focus on the “unbearable situation that the brotherly people of Haiti are going through”, adding: “This demonstrates the ability of this Council to achieve results

10/23/23, 11:00 AM Security Council Renews Sanctions Regime, Targeted Arms Embargo on Haiti for One Year, Unanimously Adopting Resolut… https://press.un.org/en/2023/sc15455.doc.htm 4/4 ! For information media. Not an official record. when we, its members, truly want it to.” Although this renewed resolution is not accompanied by an updated list of sanctions, he noted with appreciation that it directs the Security Council Committee established pursuant to resolution 2653 (2022) concerning Haiti to act promptly in that regard and reflects the extension of the arms embargo in accordance with paragraph 14 of resolution 2699 (2023). ANTONIO RODRIGUE (Haiti) expressed gratitude to Council members for their ongoing efforts to keep the situation in his country on the international agenda. The resolution adopted today and resolution 2699 (2023) adopted a few days ago authorizing the deployment of a Multinational Security Support Mission in Haiti are complementary and show the Council’s determination to contribute effectively to the establishment of a security climate in Haiti that can facilitate the organization of democratic elections, which should lead to the restoration of State institutions, he said. By renewing the sanctions regime, the Council is sending a clear and strong signal to those people and entities that contribute to the deterioration of the security situation in the country. Noting the Council’s attention to the illicit arms trade, he urged Member States to be more proactive in combating that issue. Noting that sanctions are one of the most robust responses the Council has available to it to address threats to international peace and security and help to calm the sociopolitical climate in Haiti, he said his delegation looks forward to the publication of the list of main protagonists who are linked to the worsening security situation in his country. The international community is making positive and qualitative progress by setting up mechanisms that can help better tackle the Haitian crisis, he said, stressing the need now to move to the effective application of the resolutions adopted on Haiti. “The Security Council’s work will be judged in the light of specific results obtained on the ground: the security situation of the country and the quality of life of its people,” he said. HAITI

! United Nations For information media. Not an official record. PRESS RELEASE SC/15459 20 OCTOBER 2023 Security Council 2653 Sanctions Committee Amends One Entry on Its Sanctions List On 20 October 2023, the Security Council Committee established pursuant to resolution 2653 enacted the amendments, specified with strikethrough and/or underline, in the entry below on its Sanctions List of individuals and entities. A. Individuals HTi.001 Name: 1: JIMMY 2: CHERIZIER 3: na 4: na Title: na Designation: Former Police Officer DOB: 30 March 1977 POB: Port-au-Prince, Haiti Good quality a.k.a.: na Low quality a.k.a.: BARBEQUE Nationality: Haitian Passport no: na National identification no: 001-843-989-7 (NIF – Haiti) Address: 16, Imp Manius, Delmas 40 B, Port-au-Prince, Haiti Listed on: 21 Oct. 2022, (amended on: 20 Oct. 2023) Other information: Jimmy Cherizier (AKA “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”. Press releases concerning changes to the Committee’s Sanctions List may be found in the “Press Releases” section on the Committee’s website at the following URL: https://www.un.org/securitycouncil/sanctions/2653/press-releases. The updated version of the Committee’s Sanctions List, available in HTML, PDF and XML format, may be found at the following URL: https://www.un.org/securitycouncil/sanctions/2653/materials. The United Nations Security Council Consolidated List is also updated following all changes made to the Committee’s Sanctions List and is accessible at the following URL: https://www.un.org/securitycouncil/content/un-sc-consolidated-list. HAITI