Article 1
Open ↗Regulation (EU) 2022/2309 is amended as follows: (1) in Article 1, the following points are added: ‘(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.’ ; (2) Article 2 is replaced by the following: ‘Article 2 1. It shall be prohibited to sell, supply, transfer or export, directly or indirectly, the goods and technology listed in the Common Military List of the European Union ( *1 ) (“Common Military List”), as well as firearms, their parts and essential components, and ammunition as defined in Regulation (EU) No 258/2012 of the European Parliament and of the Council ( *2 ) , whether or not originating in the Union, to any natural or legal person, entity or body in Haiti or for use in Haiti. 2. It shall be prohibited to: (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. 3. By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the sale, supply, transfer or export of the goods and technology referred to in paragraph 1 or the provision of related financing or financial assistance, technical assistance, brokering services or personnel to the United Nations or a United Nations-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. 4. By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the sale, supply, transfer or export of the goods and technology referred to in paragraph 1 or the provision of related financing or financial assistance, technical assistance, brokering services or personnel to Haiti, provided that the Sanctions Committee has approved such sale, supply, transfer or export, or the provision of related financing or financial assistance, technical assistance, brokering services or personnel in advance to further the objectives of peace and stability in Haiti. 5. By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the sale, supply, transfer or export of non-lethal military equipment or the provision of related financing or financial assistance, technical assistance or brokering services intended solely for humanitarian or protective use to Haiti, when intended to further the objectives of peace and stability in Haiti. ( *1 ) Latest version published in OJ C, C/2024/1945, 1.3.2024, ELI: http://data.europa.eu/eli/C/2024/1945/oj ." ( *2 ) Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations’ Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition ( OJ L 94, 30.3.2012, p. 1 , ELI: http://data.europa.eu/eli/reg/2012/258/oj ).’;" (3) in Article 4(1), the following point is added: ‘(i) engaging in illicit exploitation of natural resources or illicit trade in natural resources.’ ; (4) in Article 4a(1), point (a), the following sub-point is added: ‘(ix) engaging in illicit exploitation of natural resources or illicit trade in natural resources;’.