Article 1
Open ↗Article 1 of Decision (CFSP) 2022/2319 is replaced by the following: ‘Article 1 1. The direct or indirect supply, sale, transfer or export of small arms and light weapons, their components and accessories, and ammunition as set out in the Annex to Council Decision (CFSP) 2021/38 ( *1 ) , as well as firearms, their parts and essential components, and ammunition as defined in Council Regulation (EU) No 258/2012 ( *2 ) , to Haiti by nationals of Member States or from the territories of Member States, or using their flag vessels or aircraft, shall be prohibited whether originating or not in their territories. 2. It shall be prohibited to: (a) provide technical assistance, training or other assistance, including the provision of armed mercenary personnel, related to the provision, manufacture, maintenance and use of items mentioned in paragraph 1 directly or indirectly to Haiti; (b) provide related financing or financial assistance, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of items mentioned in paragraph 1, or for the provision of related technical or other assistance, directly or indirectly to Haiti. 3. Member States shall inspect, in accordance with their national authorities and legislation and consistent with international law, all cargo to Haiti in their territory, including seaports and airports, if they have information that provides reasonable grounds to believe that the cargo contains items the supply, sale, transfer or export of which is prohibited under this Article. 4. Member States shall report in a timely manner to the Committee established by paragraph 19 of United Nations Security Council Resolution (“UNSCR”) 2653 (2022) (“the Sanctions Committee”) cases of violations of the measures under paragraphs 1 and 2. Member States shall also submit to the Sanctions Committee a written report on any seizure of items as a result of an inspection carried out pursuant to paragraph 3. 5. Member States shall ensure that adequate marking and record-keeping measures are in place to trace arms, in accordance with the international and regional instruments to which they are parties, and to consider how best to assist, where relevant and upon their request, neighbouring countries in preventing and detecting illicit trafficking and diversion in violation of measures imposed in paragraphs 1 and 2. 6. The prohibitions set out in paragraphs 1 and 2 shall not apply to: (a) the supply, sale, transfer or export of items as referred to in paragraph 1, or the provision of technical assistance, training or other assistance or of financing or financial assistance as referred to in paragraph 2, points (a) and (b), to the UN or a UN-authorised mission or to a security unit that operates under the command of the Government of Haiti, intended to be used by or in coordination with those entities and intended solely to further the objectives of peace and stability in Haiti; (b) the supply, sale, transfer or export of items as referred to in paragraph 1, or the provision of technical assistance, training or other assistance or of financing or financial assistance as referred to in paragraph 2, points (a) and (b), where approved in advance by the Sanctions Committee to further the objectives of peace and stability in Haiti.