Motions

WHEREAS by section 4 of the Economic Sanctions Act, Chap. 81:05 (“the Act”) the President may for the purpose of implementing a decision, resolution or recommendation by a regional or an international organisation of States or association of States, of which Trinidad and Tobago is a member, that calls on its members to take economic measures against a foreign State make an Order with respect to–

(a) the restriction or prohibition of any of the activities referred to in section 5 in relation to a foreign State;
(b) the seizing, freezing or sequestration in the manner set out in the Order any property situated in Trinidad and Tobago that is held by or on behalf of–
(i) a foreign State;
(ii) any person in that foreign State; or
(iii) a national of that foreign State who does not ordinarily reside in Trinidad and Tobago.
(c) the exclusion of any person, property, goods, technical data, services, transactions, ships or aircraft or any class thereof from the application of the Order:

AND WHEREAS there is grave concern about the extremely high levels of gang violence and other criminal activities, including kidnappings, trafficking in persons and the smuggling of migrants, and homicides, and sexual and gender-based violence including rape and sexual slavery, as well as ongoing impunity for perpetrators, corruption and recruitment of children by gangs and the implications of Haiti’s situation for the region;

AND WHEREAS the illicit trafficking and diversion of arms and related materiel of all types contributes to undermining the rule of law and respect for human rights, and can impede the provision of humanitarian assistance and have wide ranging negative humanitarian and socioeconomic consequences;

AND WHEREAS the need to prohibit the transfer of small arms, light weapons and ammunition to non-state actors engaged in or supporting gang violence, criminal activities, or human rights abuses in Haiti, as well as to prevent their illicit trafficking and diversion;

AND WHEREAS the situation in Haiti continues to constitute a threat to international peace and security in the region;

AND WHEREAS the Republic of Trinidad and Tobago is required, by virtue of its international obligations to prevent and prohibit illicit financial flows, trafficking and diversion of arms and related materials of all types, illicit transfer, destabilizing accumulation and misuse of small arms and light weapons in all its aspects which pose threats to international peace and security, cause significant loss of life and contribute to instability and insecurity in the region;

AND WHEREAS the Republic of Trinidad and Tobago is a member of the United Nations;

AND WHEREAS the United Nations Security Council has issued Resolution 2653(2022) requiring members of the United Nations to impose economic sanctions against entities and individuals listed pursuant to United Nations Security Council Resolution (UNSCR) 2653(2022) concerning the Republic of Haiti;

AND WHEREAS by virtue of its membership to the United Nations, the Republic of Trinidad and Tobago is required to implement UNSCR 2653(2022), issued by the United Nations Security Council concerning the Republic of Haiti;

AND WHEREAS it is necessary to take measures to ensure compliance with our international obligations;

AND WHEREAS the President signed the Economic Sanctions (Implementation of United Nations Security Council Resolution 2653 (2022) on the Republic of Haiti) Order, 2023 on 6th June, 2023 and was published as Legal Notice No. 168 of 2023 on 12th June, 2023;

AND WHEREAS the President, in accordance with section 4(4) of the Economic Sanctions Act, Chap. 81:05, did cause to be delivered on the 13th day of June, 2023 to the Speaker for presentation to the House of Representatives a statement setting out the specific grounds on which the decision to make the Order was based;

AND WHEREAS the Statement of Her Excellency the President, was debated in the House of Representatives on the 20th of June, 2023 and approved and published as Legal Notice No. 193 of 2023;

AND WHEREAS section 4(3) of the Act provides that subject to section 4(5), an Order made under section 4(1) shall, unless previously revoked, remain in force for three months;

AND WHEREAS section 4(5) of the Act provides that before the expiration of an Order made under section 4(3), the Order may be extended, either indefinitely or for a specified period, by a resolution supported by a simple majority vote of the House of Representatives;

AND WHEREAS UNSCR 2653(2022) remains in effect, and it is essential to ensure that Trinidad and Tobago’s obligations are encapsulated in law and compliance is maintained pursuant to the mandates therein and the requisite Sanctions Regime;

AND WHEREAS the continued implementation of UNSCR 2653(2022) is critical in furtherance to the restoration of peace, security, and stability for the Republic of Haiti;

AND WHEREAS it has become necessary to extend the life of the Order, until such time as it is revoked:

BE IT RESOLVED that the Order shall remain in force until such time as it is revoked.

(By the Attorney General)