# Council Decision 2014/145/CFSPShow full title

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         

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U.K.

# 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,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

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 territorial 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)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.

(3)The Heads of State or Government underlined that the solution to the crisis should be found through negotiations between the                              Governments of Ukraine and of the Russian Federation, including through potential multilateral 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)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.

(5)Further action by the Union is needed in order to implement certain measures,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

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 independence of Ukraine,                        and of natural persons associated with them, as listed in the Annex.                  

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;                  

(c)under a multilateral agreement conferring privileges and immunities; or                  

(d)under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy.                  

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.                  

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.                  

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.                  

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.                  

# Article 2U.K.

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, sovereignty and independence of Ukraine, and natural or legal persons, entities                        or bodies associated with them, as listed in the Annex, shall be frozen.                  

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.                  

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:                  

(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;                  

(b)intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated                        with the provision of legal services;                  

(c)intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or                        economic resources; or                  

(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 authorisation.                  

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this                     paragraph.                  

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;                  

(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;                  

(c)the decision is not for the benefit of a natural or legal 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.                  

The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under this                     paragraph.                  

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.                  

6.Paragraph 2 shall not apply to the addition to frozen accounts of:                  

(a)interest or other earnings on those accounts;                  

(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                  

(c)payments due under judicial, administrative or arbitral decisions rendered in the Union or enforceable in the Member State                        concerned,                  

provided that any such interest, other earnings and payments remain subject to the measures provided for in paragraph 1.

# Article 3U.K.

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.                  

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.                  

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.                  

# Article 4U.K.

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).                  

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.                  

# Article 5U.K.

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 6U.K.

This Decision shall enter into force on the date of its publication in the *Official Journal of the European Union*.                  

This Decision shall apply until 17 September 2014.

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.                  

Done at Brussels, 17 March 2014.

*For the Council*                            

*The President*                            

C. Ashton                            

## ANNEXU.K.

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