Council Decision (CFSP) 2020/1482 of 14 October 2020 amending Decision (CFSP) 2018/1544 concerning restrictive measures against the proliferation and use of chemical weapons
Date: 2020-10-14
Institutions: Council of the European Union
Subjects: EU restrictive measure, chemical weapon, economic sanctions, international sanctions, legal person, natural person, non-proliferation of arms








L_2020341EN.01000901.xml










15.10.2020   


EN


Official Journal of the European Union


L 341/9








            COUNCIL DECISION (CFSP) 2020/1482
of 14 October 2020
         
amending Decision (CFSP) 2018/1544 concerning restrictive measures against the proliferation and use of chemical weapons


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 15 October 2018, the Council adopted Decision (CFSP) 2018/1544 (1), concerning restrictive measures against the proliferation and use of chemical weapons.












(2)


On 20 August 2020, Alexei Navalny, a prominent opposition leader in Russia, was admitted to a hospital in Omsk, Russian Federation, due to his serious health condition.












(3)


On 22 August 2020, Alexei Navalny was transported to Berlin, Germany, where he was thoroughly examined.












(4)


On 2 September 2020, the Government of the Federal Republic of Germany announced that a specialised laboratory of the Federal Armed Forces had found evidence that Alexei Navalny had been subject to poisoning with a toxic nerve agent of the Novichok group. That finding was subsequently corroborated by laboratories in France and Sweden, as announced on 14 September 2020.












(5)


The European Council, in its conclusions of 1 and 2 October 2020, condemned the assassination attempt on Alexei Navalny. The use of chemical weapons constitutes a serious breach of international law. The European Council called upon the Russian Federation’s authorities to fully cooperate with the Organisation for the Prohibition of Chemical Weapons to ensure an impartial international investigation and to bring those responsible to justice.












(6)


In that context, and in view of the continued threat posed by the proliferation and use of chemical weapons, six persons and one entity should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures set out in the Annex to Decision (CFSP) 2018/1544.












(7)


The Annex to Decision (CFSP) 2018/1544 should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The Annex to Decision (CFSP) 2018/1544 is amended as set out in the Annex to this Decision.


Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.




Done at Brussels, 14 October 2020.


For the Council


The President

M. ROTH
            





(1)  Council Decision (CFSP) 2018/1544 of 15 October 2018 concerning restrictive measures against the proliferation and use of chemical weapons (OJ L 259, 16.10.2018, p. 25).




ANNEX
The following entries are inserted under the heading ‘List of natural and legal persons, entities and bodies referred to in Articles 2 and 3’ in the Annex to Decision (CFSP) 2018/1544:
A.   NATURAL PERSONS











Name




Identifying information




Grounds for designation




Date of listing











‘10.


Andrei Veniaminovich YARIN
(Андрей Вениаминович ЯРИН)






Gender: male;
Date of birth: 13 February 1970;
Place of birth: Nizhny Tagil;
Nationality: Russian;
Title: Chief of the Presidential Domestic Policy Directorate


Andrei Yarin is Chief of the Presidential Domestic Policy Directorate in the Presidential Executive Office in the Russian Federation. In this function, he is in charge of designing and implementing internal political orientations. Andrei Yarin was also appointed to a task force inside the Presidential Executive Office whose role was to counter Alexei Navalny’s influence in Russian society including through operations meant to discredit him.
Alexei Navalny has been the target of systematic harassment and repression by State and judicial actors in the Russian Federation due to his prominent role in the political opposition.
Alexei Navalny’s activities were closely monitored by the authorities of the Russian Federation during his journey to Siberia in August 2020. On 20 August 2020, he was taken seriously ill and admitted to a hospital in Omsk, Russian Federation. On 22 August 2020, he was transported to a hospital in Berlin, Germany. A specialised laboratory in Germany subsequently found clear evidence, also corroborated by laboratories in France and Sweden, that Alexei Navalny had been poisoned with a toxic nerve agent of the Novichok group. This toxic agent is accessible only to State authorities in the Russian Federation.
In these circumstances, it is reasonable to conclude that the poisoning of Alexei Navalny was only possible with the consent of the Presidential Executive Office. Given his senior leadership role in that Office, Andrei Yarin is therefore responsible for inducing and providing support to the persons who carried out or were involved in the poisoning of Alexei Navalny with the Novichok nerve agent, which constitutes a use of chemical weapons under the Chemical Weapons Convention.


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11.


Sergei Vladilenovich KIRIYENKO
(Сергей Вадиленович КИРИЕНКО)






Gender: male;
Date of birth: 26 July 1962;
Place of birth: Sukhumi;
Nationality: Russian;
Title: First Deputy Chief of Staff of the Presidential Executive Office


Sergei Kiriyenko is the First Deputy Chief of Staff of the Presidential Executive Office of the Russian Federation. In this function, he is responsible for domestic affairs, including political groups and activities.
Alexei Navalny has been the target of systematic harassment and repression by State and judicial actors in the Russian Federation due to his prominent role in the political opposition.
Alexei Navalny’s activities were closely monitored by the authorities of the Russian Federation during his journey to Siberia in August 2020. On 20 August 2020, he was taken seriously ill and admitted to a hospital in Omsk, Russian Federation. On 22 August 2020, he was transported to a hospital in Berlin, Germany. A specialised laboratory in Germany subsequently found clear evidence, also corroborated by laboratories in France and Sweden, that Alexei Navalny had been poisoned with a toxic nerve agent of the Novichok group. This toxic agent is accessible only to State authorities in the Russian Federation.
In these circumstances, it is reasonable to conclude that the poisoning of Alexei Navalny was only possible with the consent of the Presidential Executive Office. Given his senior leadership role in that Office, Sergei Kiriyenko is therefore responsible for inducing and providing support to the persons who carried out or were involved in the poisoning of Alexei Navalny with the Novichok nerve agent, which constitutes a use of chemical weapons under the Chemical Weapons Convention.


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12.


Sergei Ivanovich MENYAILO
(Сергей Иванович МЕНЯЙЛО)






Gender: male;
Date of birth: 22 August 1960;
Place of birth: Alagir;
Nationality: Russian;
Title: Plenipotentiary Representative of the President of the Russian Federation in the Siberian Federal District


Sergei Menyailo is the Plenipotentiary Representative of the President of the Russian Federation in the Siberian Federal District and in this capacity he is responsible for ensuring the implementation of the constitutional powers of the President including the implementation of domestic and foreign policy of the State. Sergei Menyailo is also a non-permanent member of the Security Council of the Russian Federation.
Alexei Navalny has been the target of systematic harassment and repression by State and judicial actors in the Russian Federation due to his prominent role in the political opposition.
Alexei Navalny’s activities were closely monitored by the authorities of the Russian Federation during his journey to Siberia in August 2020. On 20 August 2020, he was taken seriously ill and admitted to a hospital in Omsk, Russian Federation. On 22 August 2020, he was transported to a hospital in Berlin, Germany. A specialised laboratory in Germany subsequently found clear evidence, also corroborated by laboratories in France and Sweden, that Alexei Navalny had been poisoned with a toxic nerve agent of the Novichok group. This toxic agent is accessible only to State authorities in the Russian Federation.
In these circumstances, it is reasonable to conclude that the poisoning of Alexei Navalny was only possible with the consent of the Presidential Executive Office.
Given his senior leadership role as the representative of that Office in the Siberian Federal District, Sergei Menyailo is therefore responsible for inducing and providing support to the persons who carried out or were involved in the poisoning of Alexei Navalny with the Novichok nerve agent, which constitutes a use of chemical weapons under the Chemical Weapons Convention.


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13.


Aleksandr Vasilievich BORTNIKOV
(Александр Васильевич БОРТНИКОВ)






Gender: male;
Date of birth: 15 November 1951;
Place of birth: Perm;
Nationality: Russian;
Title: Director of the Federal Security Service of the Russian Federation


Aleksandr Bortnikov is the Director of the Federal Security Service of the Russian Federation and in this capacity he is responsible for the activities of the principal security agency in Russia.
Alexei Navalny has been the target of systematic harassment and repression by State and judicial actors in the Russian Federation due to his prominent role in the political opposition.
Alexei Navalny’s activities were closely monitored by the Federal Security Service of the Russian Federation during his journey to Siberia in August 2020. On 20 August 2020, he was taken seriously ill and admitted to a hospital in Omsk, Russian Federation. On 22 August 2020, he was transported to a hospital in Berlin, Germany. A specialised laboratory in Germany subsequently found clear evidence, also corroborated by laboratories in France and Sweden, that Alexei Navalny had been poisoned with a toxic nerve agent of the Novichok group. This toxic agent is accessible only to State authorities in the Russian Federation.
In these circumstances and taking into account that Alexei Navalny was under surveillance at the time of his poisoning, it is reasonable to conclude that the poisoning was only possible with the involvement of the Federal Security Service.
Given his senior leadership role in the Federal Security Service, Aleksandr Bortnikov is therefore responsible for providing support to the persons who carried out or were involved in the poisoning of Alexei Navalny with the Novichok nerve agent, which constitutes a use of chemical weapons under the Chemical Weapons Convention.


15.10.2020










14.


Pavel Anatolievich POPOV
(Павел Анатольевич ПОПОВ)






Gender: male;
Date of birth: 01 January 1957;
Place of Birth: Krasnoyarsk;
Nationality: Russian;
Title: Deputy Minister of Defence of the Russian Federation


Pavel Popov is the Deputy Minister in the Ministry of Defence of the Russian Federation and in this capacity he has overall responsibility for research activities. This includes the oversight and development of the Ministry’s scientific and technical capabilities, including the development of potential and modernisation of existing weapons and military equipment.
The Russian Ministry of Defence took on the responsibility for the chemical weapons stocks inherited from the Soviet Union and their safe storage until their destruction could be completed.
On 20 August 2020, Alexei Navalny was taken seriously ill and admitted to a hospital in Omsk, Russian Federation. On 22 August 2020, he was transported to a hospital in Berlin, Germany. A specialised laboratory in Germany subsequently found clear evidence, also corroborated by laboratories in France and Sweden, that Alexei Navalny had been poisoned with a toxic nerve agent of the Novichok group. This toxic agent is accessible only to State authorities in the Russian Federation.
As a consequence of the overall responsibility of the Ministry of Defence for the safe storage and destruction of chemical weapons, the use of such chemical weapons in the territory of the Russian Federation could only be as a result of intent or negligence by the Ministry of Defence and its political leadership.
Given his senior leadership role in the Ministry of Defence of the Russian Federation, Pavel Popov is therefore responsible for assisting the persons who carried out or were involved in the poisoning of Alexei Navalny with the Novichok nerve agent, which constitutes a use of chemical weapons under the Chemical Weapons Convention.


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15.


Aleksei Yurievich KRIVORUCHKO
(Алексей Юрьевич КРИВОРУЧКО)






Gender: male;
Date of birth: 17 July 1975;
Place of Birth: Stavropol;
Nationality: Russian;
Title: Deputy Minister of Defence of the Russian Federation


Aleksei Krivoruchko is the Deputy Minister in the Ministry of Defence of the Russian Federation with the overall responsibility for armaments. This includes the oversight of the Ministry’s stocks of weapons and military equipment. He is also responsible for their elimination within the framework of the implementation of international treaties assigned to the Ministry of Defence.
The Russian Ministry of Defence took on the responsibility for the chemical weapons stocks inherited from the Soviet Union and their safe storage until their destruction could be completed.
On 20 August 2020, Alexei Navalny was taken seriously ill and admitted to a hospital in Omsk, Russian Federation. On 22 August 2020, he was transported to a hospital in Berlin, Germany. A specialised laboratory in Germany subsequently found clear evidence, also corroborated by laboratories in France and Sweden, that Alexei Navalny had been poisoned with a toxic nerve agent of the Novichok group. This toxic agent is accessible only to State authorities in the Russian Federation.
As a consequence of the overall responsibility of the Ministry of Defence for the safe storage and destruction of chemical weapons, the use of such chemical weapons in the territory of the Russian Federation could only be as a result of intent or negligence by the Ministry of Defence and its political leadership.
Given his senior leadership role in the Ministry of Defence of the Russian Federation, Aleksei Krivoruchko is therefore responsible for assisting the persons who carried out or were involved in the poisoning of Alexei Navalny with the Novichok nerve agent, which constitutes a use of chemical weapons under the Chemical Weapons Convention.


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B.   LEGAL PERSONS, ENTITIES AND BODIES











Name




Identifying information




Grounds for designation




Date of listing











‘2.


State Scientific Research Institute for Organic Chemistry and Technology (GosNIIOKhT)
(Государственный научно-исследовательский институт органической химии и технологии)






Address: Shosse Entuziastov 23, 11124 Moscow, Moscow Oblast, Russia;
Phone: +7 (495) 673 7530;
Fax: +7 (495) 673 2218;
Web: http://gosniiokht.ru
E-mail: dir@gosniiokht.ru


The State Scientific Research Institute for Organic Chemistry and Technology (GosNIIOKhT) is a state research institute with the responsibility for the destruction of chemical weapons stocks inherited from the Soviet Union.
The institute in its original role before 1994 was involved in the development and production of chemical weapons including the toxic nerve agent now know as “Novichok”. After 1994, the same facility took part in the government’s programme for the destruction of the stocks of chemical weapons inherited from the Soviet Union.
On 20 August 2020, Alexei Navalny was taken seriously ill and admitted to a hospital in Omsk, Russian Federation. On 22 August 2020, he was transported to a hospital in Berlin, Germany. A specialised laboratory in Germany subsequently found clear evidence, also corroborated by laboratories in France and Sweden, that Alexei Navalny had been poisoned with a toxic nerve agent of the Novichok group. This toxic agent is accessible only to State authorities in the Russian Federation.
The deployment of a toxic nerve agent of the Novichok group would therefore only be possible due to the failure of the Institute to carry out its responsibility to destroy the stockpiles of chemical weapons.


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