EU Sanctions on Russia.pdf

L 78/16

Official Journal of the European Union

17.3.2014

DECISIONS

COUNCIL DECISION 2014/145/CFSP

of 17 March 2014

concerning restrictive measures in respect of actions undermining or threatening the territorial

integrity, sovereignty and independence of Ukraine

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS DECISION:

Having regard to the Treaty on European Union, and in

particular Article 29 thereof,

Article 1

1. Member States shall take the necessary measures to

prevent the entry into, or transit through, their territories of

the natural persons responsible for actions which undermine

or threaten the territorial integrity, sovereignty and inde

pendence of Ukraine, and of natural persons associated with

them, as listed in the Annex.

Whereas:

(1)

On 6 March 2014, the Heads of State or Government of

the Union's Member States strongly condemned the

unprovoked violation of Ukrainian sovereignty and terri

torial integrity by the Russian Federation and called on

the Russian Federation to immediately withdraw its

armed forces to the areas of their permanent stationing,

in accordance with the relevant agreements. They called

on the Russian Federation to enable immediate access for

international monitors. The Heads of State or

Government considered that the decision by the

Supreme Council of the Autonomous Republic of

Crimea to hold a referendum on the future status of

the territory is contrary to the Ukrainian Constitution

and therefore illegal.

2. Paragraph 1 shall not oblige a Member State to refuse its

own nationals entry into its territory.

3. Paragraph 1 shall be without prejudice to the cases where

a Member State is bound by an obligation of international law,

namely:

(a) as a host country to an international intergovernmental

organisation;

(b) as a host country to an international conference convened

by, or under the auspices of the United Nations;

(2)

The Heads of State or Government decided to take

actions, including those envisaged by the Council on

3 March 2014, notably to suspend bilateral talks with

the Russian Federation on visa matters as well as talks

with the Russian Federation on a new comprehensive

Agreement which would replace the existing Partnership

and Cooperation Agreement.

immunities; or

(d) under the 1929 Treaty of Conciliation (Lateran pact)

concluded by the Holy See (State of the Vatican City) and

Italy.

(3)

The Heads of State or Government underlined that the

solution to the crisis should be found through negoti

ations between the Governments of Ukraine and of the

Russian Federation, including through potential multi

lateral mechanisms, and that in the absence of results

within a limited timeframe the Union will decide on

additional measures, such as travel bans, asset freezes

and the cancellation of the EU-Russia summit.

4. Paragraph 3 shall be considered as also applying in cases

where a Member State is host country to the Organisation for

Security and Cooperation in Europe (OSCE).

5. The Council shall be duly informed in all cases where a

Member State grants an exemption pursuant to paragraphs 3

or 4.

(4)

In the current circumstances, travel restrictions and an

asset freeze should be imposed against persons

responsible for actions which undermine or threaten

the territorial integrity, sovereignty and independence of

Ukraine, including actions on the future status of any

part of the territory which are contrary to the

Ukrainian Constitution, and persons, entities or bodies

associated with them.

6. Member States may grant exemptions from the measures

imposed under paragraph 1 where travel is justified on the

grounds of urgent humanitarian need, or on grounds of

attending intergovernmental meetings, and those promoted or

hosted by the Union, or hosted by a Member State holding the

Chairmanship in office of the OSCE, where a political dialogue

is conducted that directly promotes the policy objectives of the

restrictive measures, including support for the territorial

integrity, sovereignty and independence of Ukraine.

(5)

Further action by the Union is needed in order to

implement certain measures,

17.3.2014

Official Journal of the European Union

L 78/17

7. A Member State wishing to grant exemptions referred to

in paragraph 6 shall notify the Council in writing. The

exemption shall be deemed to be granted unless one or more

of the Council members raises an objection in writing within

two working days of receiving notification of the proposed

exemption. Should one or more of the Council members raise

an objection, the Council, acting by qualified majority, may

decide to grant the proposed exemption.

4. By way of derogation from paragraph 1, the competent

authorities of a Member State may authorise the release of

certain frozen funds or economic resources, provided that the

following conditions are met:

(a) the funds or economic resources are the subject of an

arbitral decision rendered prior to the date on which the

person, entity or body referred to in paragraph 1 was listed

in the Annex, or of a judicial or administrative decision

rendered in the Union, or a judicial decision enforceable

in the Member State concerned, prior to or after that date;

8. Where, pursuant to paragraphs 3, 4, 6 and 7, a Member

State authorises the entry into, or transit through its territory of

persons listed in the Annex, the authorisation shall be limited to

the purpose for which it is given to the person concerned

therewith.

(b) the funds or economic resources will be used exclusively to

satisfy claims secured by such a decision or recognised as

valid in such a decision, within the limits set by applicable

laws and regulations governing the rights of persons having

such claims;

Article 2

1. All funds and economic resources belonging to, owned,

held or controlled by natural persons responsible for actions

which undermine or threaten the territorial integrity, sover

eignty and independence of Ukraine, and natural or legal

persons, entities or bodies associated with them, as listed in

the Annex, shall be frozen.

person, entity or body listed in the Annex; and

(d) recognition of the decision is not contrary to public policy

in the Member State concerned.

2. No funds or economic resources shall be made available,

directly or indirectly, to or for the benefit of natural or legal

persons, entities or bodies listed in the Annex.

The Member State concerned shall inform the other Member

States and the Commission of any authorisations granted under

this paragraph.

3. The competent authority of a Member State may authorise

the release of certain frozen funds or economic resources, or the

making available of certain funds or economic resources, under

such conditions as it deems appropriate, after having

determined that the funds or economic resources concerned are:

5. Paragraph 1 shall not prevent a listed natural or legal

person, entity or body from making a payment due under a

contract entered into prior to the date on which such natural or

legal person, entity or body was listed in the Annex, provided

that the Member State concerned has determined that the

payment is not, directly or indirectly, received by a natural or

legal person, entity or body referred to in paragraph 1.

(a) necessary to satisfy the basic needs of the persons listed in

the Annex and their dependent family members, including

payments for foodstuffs, rent or mortgage, medicines and

medical treatment, taxes, insurance premiums, and public

utility charges;

6. Paragraph 2 shall not apply to the addition to frozen

accounts of:

(a) interest or other earnings on those accounts;

(b) intended exclusively for the payment of reasonable profes

sional fees and the reimbursement of incurred expenses

associated with the provision of legal services;

(b) payments due under contracts, agreements or obligations

that were concluded or arose prior to the date on which

those accounts became subject to the measures provided for

in paragraphs 1 and 2; or

charges for the routine holding or maintenance of frozen

funds or economic resources; or

decisions rendered in the Union or enforceable in the

Member State concerned,

(d) necessary for extraordinary expenses, provided that the

competent authority has notified the competent authorities

of the other Member States and the Commission of the

grounds on which it considers that a specific authorisation

should be granted, at least two weeks prior to the auth

orisation.

provided that any such interest, other earnings and payments

remain subject to the measures provided for in paragraph 1.

Article 3

1. The Council, acting upon a proposal by a Member State

or the High Representative of the Union for Foreign Affairs and

Security Policy, shall decide to establish and amend the list in

the Annex.

The Member State concerned shall inform the other Member

States and the Commission of any authorisation granted under

this paragraph.

L 78/18

Official Journal of the European Union

17.3.2014

2. The Council shall communicate the decision referred to in

paragraph 1, including the grounds for the listing, to the natural

or legal person, entity or body concerned, either directly, if the

address is known, or through the publication of a notice,

providing such person, entity or body with an opportunity to

present observations.

Article 5

In order to maximise the impact of the measures referred to in

Article 1(1) and 2(1), the Union shall encourage third States to

adopt restrictive measures similar to those provided for in this

Decision.

Article 6

This Decision shall enter into force on the date of its

publication in the Official Journal of the European Union .

3. Where observations are submitted, or where substantial

new evidence is presented, the Council shall review the

decision referred to in paragraph 1 and inform the person,

entity or body concerned accordingly.

This Decision shall apply until 17 September 2014.

Article 4

1. The Annex shall include the grounds for listing the natural

or legal persons, entities or bodies referred to in Article 1(1)

and 2(1).

This Decision shall be kept under constant review. It shall be

renewed, or amended as appropriate, if the Council deems that

its objectives have not been met.

2. The Annex shall also contain, where available, the

information necessary to identify the natural or legal persons,

entities or bodies concerned. With regard to natural persons,

such information may include names, including aliases, date and

place of birth, nationality, passport and identity card numbers,

gender, address if known, and function or profession. With

regard to legal persons, entities or bodies, such information

may include names, place and date of registration, registration

number and place of business.

Done at Brussels, 17 March 2014.

For the Council

The President

C. ASHTON

17.3.2014

Official Journal of the European Union

L 78/19

ANNEX

List of persons, entities and bodies referred to in Articles 1 and 2

Date of listing

Name

Identifying information

Reasons

Sergey Valeryevich

Aksyonov

d.o.b. 26.11.1972

Aksyonov was elected “Prime Minister of Crimea” in

the Crimean Verkhovna Rada on 27 February 2014

in the presence of pro-Russian gunmen. His

“election” was decreed unconstitutional by

Oleksandr Turchynov on 1 March. He actively

lobbied for the “referendum” of 16 March 2014.

17.3.2014

Vladimir

Andreevich

Konstantinov

d.o.b. 19.03.1967

As speaker of the Supreme Council of the

Autonomous Republic of Crimea, Konstantinov

played a relevant role in the decisions taken by

the Verkhovna Rada concerning the “referendum”

against territorial integrity of Ukraine and called

on voters to cast votes in favour of Crimean Inde

pendence.

17.3.2014

Rustam Ilmirovich

Temirgaliev

d.o.b. 15.08.1976

As Deputy Chairman of the Council of Ministers of

Crimea, Temirgaliev played a relevant role in the

decisions taken by the Verkhovna Rada concerning

the “referendum” against territorial integrity of

Ukraine. He lobbied actively for integration of

Crimea into the Russian Federation.

17.3.2014

Deniz

Valentinovich

Berezovskiy

d.o.b. 15.07.1974

Berezovskiy was appointed commander of the

Ukrainian Navy on 1 March 2014 and swore an

oath to the Crimean armed force, thereby breaking

his oath. The Prosecutor-General’s Office of Ukraine

launched an investigation against him for high

treason.

17.3.2014

Aleksei

Mikhailovich

Chaliy

d.o.b. 13.06.1961

Chaliy became “Mayor of Sevastopol” by popular

acclamation on 23 February 2014 and accepted

this “vote”. He actively campaigned for Sevastopol

to become a separate entity of the Russian

Federation following a referendum on 16 March

2014.

17.3.2014

Pyotr

Anatoliyovych

Zima

Zima was appointed as the new head of the

Crimean Security Service (SBU) on 3 March 2014

by “Prime Minister” Aksyonov and accepted this

appointment. He has given relevant information

including a database to the Russian Intelligence

Service (SBU). This included information on Euro-

Maidan activists and human rights defenders of

Crimea. He played a relevant role in preventing

Ukraine’s authorities from controlling the territory

of Crimea.

17.3.2014

On 11 March 2014 the formation of an inde

pendent Security Service of Crimea has been

proclaimed by former SBU officers of Crimea.

Yuriy Zherebtsov

Counsellor of the Speaker of the Verkhovna Rada of

Crimea, one of the leading organizers of the

16 March 2014 “referendum” against Ukraine’s terri

torial integrity.

17.3.2014

L 78/20

Official Journal of the European Union

17.3.2014

Date of listing

Name

Identifying information

Reasons

Sergey Pavlovych

Tsekov

d.o.b. 28.03.1953

Vice Speaker of the Verkhovna Rada; Tsekov

initiated together with Sergey Aksyonov the

unlawful dismissal of the government of the

Autonomous Republic of Crimea (ARC). He drew

into this endeavour Vladimir Konstantinov,

threatening him with his dismissal. He publicly

recognized that the MPs from Crimea were the

initiators of inviting Russian soldiers to take over

Verkhovna Rada of Crimea. He was one of the

first Crimean Leaders to ask in public for annexation

of Crimea to Russia.

17.3.2014

Ozerov, Viktor

Alekseevich

d.o.b. 5.1.1958 in

Abakan, Khakassia

Chairman of the Security and Defense Committee of

the Federation Council of the Russian Federation.

17.3.2014

On 1 March 2014 Ozerov, on behalf of the Security

and Defense Committee of the Federation Council,

publicly supported in the Federation Council the

deployment of Russian forces in Ukraine.

10.

Dzhabarov,

Vladimir

Michailovich

d.o.b. 29.9.1952

First Deputy-Chairman of the International Affairs

Committee of the Federation Council of the

Russian Federation.

17.3.2014

On 1 March 2014 Dzhabarov, on behalf of the

International Affairs Committee of the Federation

Council, publicly supported in the Federation

Council the deployment of Russian forces in

Ukraine.

11.

Klishas, Andrei

Aleksandrovich

d.o.b. 9.11.1972 in

Sverdlovsk

Chairman of the Committee on Constitutional Law

of the Federation Council of the Russian Federation.

17.3.2014

On 1 March 2014 Klishas publicly supported in the

Federation Council the deployment of Russian

forces in Ukraine. In public statements Klishas

sought to justify a Russian military intervention in

Ukraine by claiming that “the Ukrainian President

supports the appeal of the Crimean authorities to

the President of the Russian Federation on landing

an all-encompassing assistance in defense of the

citizens of Crimea”.

12.

Ryzhkov, Nikolai

Ivanovich

d.o.b. 28.9.1929 in

Duleevka, Donetsk

region, Ukrainian

SSR

Member of the Committee for federal issues,

regional politics and the North of the Federation

Council of the Russian Federation.

17.3.2014

On 1 March 2014 Ryzhkov publicly supported in

the Federation Council the deployment of Russian

forces in Ukraine.

13.

Bushmin, Evgeni

Viktorovich

d.o.b. 4.10.1958 in

Lopatino,

Sergachiisky

region, RSFSR

Deputy Speaker of the Federation Council of the

Russian Federation.

17.3.2014

On 1 March 2014 Bushmin publicly supported in

the Federation Council the deployment of Russian

forces in Ukraine.

14.

Totoonov,

Aleksandr

Borisovich

d.o.b. 3.3.1957 in

Ordzhonikidze,

North Ossetia

Member of the Committee on culture, science, and

information of the Federation Council of the

Russian Federation.

17.3.2014

On 1 March 2014 Totoonov publicly supported in

the Federation Council the deployment of Russian

forces in Ukraine.

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