Council Regulation (EU) 2022/580 of 8 April 2022 amending Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
On 8 April 2022, the Council adopted Decision (CFSP) 2022/582 (3) amending Decision 2014/145/CFSP, that introduced further derogation options from the asset freeze and the prohibition to make funds and economic resources available to designated persons and entities. Those amendments fall within the scope of the Treaty on the Functioning of the European Union and regulatory action at the level of the Union is necessary in order to implement them, in particular with a view to ensuring their uniform application in all Member States. Regulation (EU) No 269/2014 should therefore be amended accordingly.
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Council Implementing Regulation (EU) 2022/581 of 8 April 2022 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
On 24 February 2022, the President of the Russian Federation announced a military operation in Ukraine and Russian armed forces began an attack on Ukraine. That attack is a blatant violation of the territorial integrity, sovereignty and independence of Ukraine. In its conclusions of 24 February 2022, the European Council condemned in the strongest possible terms the Russian Federation’s unprovoked and unjustified military aggression against Ukraine. By its illegal military actions, Russia is grossly violating international law and the principles of the United Nations Charter, and undermining European and global security and stability. The European Council agreed on further restrictive measures that will impose massive and severe consequences on Russia for its actions, in close coordination with the Union’s partners and allies. On 25 February 2022, the Council adopted Decision (CFSP) 2022/329 (2), which amended the criteria of designation to include persons and entities supporting and benefitting from the Government of the Russian Federation, persons and entities providing a substantial source of revenue to the Government of the Russian Federation, and natural or legal persons associated with listed persons or entities. In its conclusions of 24 March 2022, the European Council stated that Russia’s war of aggression against Ukraine grossly violates international law and is causing massive loss of life and injury to civilians, and that the Union remains ready to close loopholes and target actual and possible circumvention of the restrictive measures already adopted, as well as to move quickly with further coordinated robust sanctions on Russia and Belarus, to effectively thwart Russian abilities to continue the aggression. In view of the gravity of the situation, the Council considers that it is appropriate to impose restrictive measures on leading businesspersons involved in economic sectors providing a substantial source of revenue to, and on persons supporting or benefitting from, the Government of the Russian Federation and on natural persons associated with those persons, including family members unduly benefitting from them. The Council also considers that the Ministers and members of the ‘People’s Council’ of the so-called ‘Donetsk People’s Republic’ and ‘Luhansk People’s Republic’ should be subject to restrictive measures. Furthermore, the Council considers that companies supporting, materially or financially, or benefitting from the Government of the Russian Federation and materially or financially supporting actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine should also be subject to restrictive measures. As a result, 216 individuals and 18 entities should be added to the list of persons, entities and bodies subject to restrictive measures set out in Annex I to Regulation (EU) No 269/2014. Regulation (EU) No 269/2014 should therefore be amended accordingly.
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Council Decision (CFSP) 2022/582 of 8 April 2022 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
In view of the gravity of the situation, the Council considers that it is appropriate to impose restrictive measures on leading businesspersons involved in economic sectors providing a substantial source of revenue to, and on persons supporting or benefitting from, the Government of the Russian Federation and on natural persons associated with those persons, including family members unduly benefitting from them. The Council also considers that the Ministers and members of the ‘People’s Council’ of the so-called ‘Donetsk People’s Republic’ and ‘Luhansk People’s Republic’ should be subject to restrictive measures. Furthermore, the Council considers that companies supporting, materially or financially, or benefitting from the Government of the Russian Federation and materially or financially supporting actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine should also be subject to restrictive measures. As a result, 216 individuals and 18 entities should be added to the list of persons, entities and bodies subject to restrictive measures set out in the Annex to Decision 2014/145/CFSP. The Council considers that a derogation to the assets freeze and the prohibition from making funds and economic resources available to designated persons and entities should be introduced for diplomatic missions. The Council considers that a derogation should be introduced for certain operations applicable to certain entities listed in the Annex to Decision 2014/145/CFSP. Decision 2014/145/CFSP should therefore be amended accordingly.
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Council Regulation (EU) 2022/576 of 8 April 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine
On 8 April 2022, the Council adopted Decision (CFSP) 2022/578, amending Decision 2014/512/CFSP. It extends the list of controlled items which might contribute to Russia’s military and technological enhancement or the development of its defence and security sector. It introduces additional import restrictions on certain goods from Russia, in particular on coal and other solid fossil fuels. It also introduces further export restrictions to Russia, in particular on jet fuel and other goods. Decision (CFSP) 2022/578 also prohibits the award and continued execution of public contracts and concessions with Russian nationals and entities or bodies established in Russia. Decision (CFSP) 2022/578 imposes a prohibition on the provision of support, including financing and financial assistance or any other benefit, from a Union, Euratom or Member State programme to Russian publicly owned or controlled entities. Decision (CFSP) 2022/578 also extends the prohibitions on the export of euro-denominated banknotes and on the sale of euro-denominated transferrable securities to all official currencies of the Member States. Decision (CFSP) 2022/578 extends the exemption from the prohibition to engage in transactions with certain State-owned entities as regards transactions for the purchase, import or transport of fossil fuels and certain minerals into Switzerland, the European Economic Area and the Western Balkans. It is appropriate to extend the exemptions from the prohibition on transaction with certain Russian State-owned enterprises and their subsidiaries to countries in the European Economic Area and Switzerland as well as to the Western Balkans; the Union expects the swift and full alignment of all countries in the region with EU restrictive measures, including those concerning Russia’s actions destabilising the situation in Ukraine. Decision (CFSP) 2022/578 also introduces a prohibition for road transport undertakings established in Russia to transport goods by road in the Union, and prohibits access to ports to vessels registered under the flag of Russia. It introduces a prohibition on being a beneficiary, acting as a trustee or in similar capacities for Russian persons and entities, as well as a prohibition on providing certain services to trusts. These measures fall within the scope of the Treaty and, therefore, in particular with a view to ensuring their uniform application in all Member States, regulatory action at the level of the Union is necessary. Regulation (EU) No 833/2014 should therefore be amended accordingly.
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Council Regulation (EU) 2022/577 of 8 April 2022 amending Regulation (EC) No 765/2006 concerning restrictive measures in view of the situation in Belarus and the involvement of Belarus in the Russian aggression against Ukraine
Council Decision (CFSP) 2022/579 (3) imposes further restrictive measures prohibiting the sale to Belarus of transferable securities denominated in any official currency of a Member State, and prohibiting the sale, supply, transfer or export to Belarus of banknotes denominated in any official currency of a Member State. That Decision also imposes further restrictive measures prohibiting road transport undertakings established in Belarus from transporting goods by road within the territory of the European Union. Regulation (EC) No 765/2006 should therefore be amended accordingly.
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Council Decision (CFSP) 2022/578 of 8 April 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine
In view of the gravity of the situation, and in response to Russia’s military aggression against Ukraine, it is appropriate to introduce further restrictive measures. In particular, it is appropriate to extend the prohibition on deposits to crypto-wallets, as well as to extend the prohibitions on the export of euro-denominated banknotes and on the sale of euro-denominated transferrable securities to all official currencies of the Member States. It is also appropriate to prohibit the award and continued execution of public contracts and concessions with Russian nationals and entities or bodies established in Russia. Furthermore, it is appropriate to prohibit the provision of support, including financing and financial assistance or any other benefit from a Union, Euratom or Member State programme to Russian publicly owned or controlled entities. It is also appropriate to introduce a prohibition on being a beneficiary, acting as trustee or in similar capacities for Russian persons and entities, as well as a prohibition on providing certain services to trusts. Moreover, it is appropriate to prohibit access to ports in the territory of the Union to vessels registered under the flag of Russia. It is also appropriate to restrict exports of jet fuel and other goods to Russia, as well as to introduce additional import restrictions on certain goods exported by or originating from Russia, including coal and other solid fossil fuels. Finally, it should also be prohibited to any road transport undertaking established in Russia to transport goods by road within the territory of the Union, including in transit. It is also appropriate to extend the exemption from the prohibition to engage in transactions with certain State-owned entities to Switzerland, the European Economic Area and the Western Balkans. The Union expects the swift and full alignment of all countries in the region with EU restrictive measures, including those concerning Russia’s actions destabilising the situation in Ukraine. Moreover, it is also appropriate to amend or introduce certain derogations in relation to the restrictions on dual-use goods and technologies, goods and technologies which might contribute to Russia’s military and technological enhancement or the development of its defence and security sector, goods and technology suited for use in aviation or the space industry, jet fuel and fuel additives, and luxury goods. Further action by the Union is needed in order to implement certain measures. Decision 2014/512/CFSP should therefore be amended accordingly.
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Please be reminded that all EU/UN sanctions are directly applicable under Maltese law under the National Interest (Enabling Powers) Act, cap 365 of the Laws of Malta as linked here.
Should any of your clients be a person or entity who is listed under UN/EU or national sanctions or who is directly or indirectly owned or controlled by a listed person or entity, the freezing measures mentioned under article 17 of the Act apply.
The Sanctions Monitoring Board is to be informed immediately of the actions that have been taken in relation to the assets of such listed persons.
The Sanctions Monitoring Board may be contacted on sanctions.mfea@gov.mt on any issue relating to sanctions.
Please find below links to the:
EU Financial Sanctions Database
Consolidated UN Sanctions List
EU Sanctions Map
Sanctions Monitoring Board
