# Council Decision 2014/119/CFSPShow full title

Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities            and bodies in view of the situation in Ukraine         

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U.K.

# Council Decision 2014/119/CFSP                     

# of 5 March 2014

# concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine

THE COUNCIL OF THE EUROPEAN UNION,

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

Whereas:

(1)On 20 February 2014, the Council condemned in the strongest terms all use of violence in Ukraine. It called for an immediate                              end to the violence in Ukraine, and full respect for human rights and fundamental freedoms. It called upon the Ukrainian Government                              to exercise maximum restraint and opposition leaders to distance themselves from those who resort to radical action, including                              violence.

(2)On 3 March 2014, the Council agreed to focus restrictive measures on the freezing and recovery of assets of persons identified                              as responsible for the misappropriation of Ukrainian State funds and persons responsible for human rights violations, with                              a view to consolidating and supporting the rule of law and respect for human rights in Ukraine.

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

HAS ADOPTED THIS DECISION:

# Article 1U.K.

[F11.All funds and economic resources belonging to, owned, held or controlled by persons having been identified as responsible                           for the misappropriation of Ukrainian State funds and persons responsible for human rights violations in Ukraine, and natural                           or legal persons, entities or bodies associated with them, as listed in the Annex, shall be frozen.                  

For the purpose of this Decision, persons identified as responsible for the misappropriation of Ukrainian State funds include                        persons subject to investigation by the Ukrainian authorities:                   

(a)for the misappropriation of Ukrainian public funds or assets, or being an accomplice thereto; or                  

(b)for the abuse of office as a public office-holder in order to procure an unjustified advantage for him- or herself or for                           a third party, and thereby causing a loss to Ukrainian public funds or assets, or being an accomplice thereto.]                  

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 natural 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 natural or                        legal 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 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 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.

Textual Amendments

F1Substituted by Council Decision (CFSP) 2015/143 of 29 January 2015 amending Decision 2014/119/CFSP concerning restrictive measures directed                                 against certain persons, entities and bodies in view of the situation in Ukraine.

# Article 2U.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 3U.K.

1.The Annex shall include the grounds for listing the natural and legal persons, entities and bodies referred to in Article                        1(1).                  

2.The Annex shall also contain, where available, the information necessary to identify the natural and 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 and bodies, such information may include names, place and date of registration, registration number                        and place of business.                  

# Article 4U.K.

In order to maximise the impact of the measures referred to in Article 1(1) and (2), the Union shall encourage third States                     to adopt restrictive measures similar to those provided for in this Decision.                  

# [F2Article 5U.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 6 March 2016. The measures in Article 1 shall apply with regard to entries No 4, 8, 10 and 13 in the Annex until 6 June 2015.                   

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.]                   

Textual Amendments

F2Substituted by Council Decision (CFSP) 2015/364 of 5 March 2015 amending Decision 2014/119/CFSP concerning restrictive measures directed                                 against certain persons, entities and bodies in view of the situation in Ukraine.

## [F2ANNEXU.K.**List of persons, entities and bodies referred to in Article 1**