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Document 02014D0512-20220228

Consolidated text: Council Decision 2014/512/CFSP of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine

ELI: http://data.europa.eu/eli/dec/2014/512/2022-02-28

02014D0512 — EN — 28.02.2022 — 019.001


This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

►B

COUNCIL DECISION 2014/512/CFSP

of 31 July 2014

concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine

(OJ L 229 31.7.2014, p. 13)

Amended by:

 

 

Official Journal

  No

page

date

►M1

COUNCIL DECISION 2014/659/CFSP of 8 September 2014

  L 271

54

12.9.2014

►M2

COUNCIL DECISION 2014/872/CFSP of 4 December 2014

  L 349

58

5.12.2014

 M3

COUNCIL DECISION (CFSP) 2015/971 of 22 June 2015

  L 157

50

23.6.2015

►M4

COUNCIL DECISION (CFSP) 2015/1764 of 1 October 2015

  L 257

42

2.10.2015

 M5

COUNCIL DECISION (CFSP) 2015/2431 of 21 December 2015

  L 334

22

22.12.2015

 M6

COUNCIL DECISION (CFSP) 2016/1071 of 1 July 2016

  L 178

21

2.7.2016

 M7

COUNCIL DECISION (CFSP) 2016/2315 of 19 December 2016

  L 345

65

20.12.2016

 M8

COUNCIL DECISION (CFSP) 2017/1148 of 28 June 2017

  L 166

35

29.6.2017

►M9

COUNCIL DECISION (CFSP) 2017/2214 of 30 November 2017

  L 316

20

1.12.2017

 M10

COUNCIL DECISION (CFSP) 2017/2426 of 21 December 2017

  L 343

77

22.12.2017

 M11

COUNCIL DECISION (CFSP) 2018/964 of 5 July 2018

  L 172

3

9.7.2018

 M12

COUNCIL DECISION (CFSP) 2018/2078 of 21 December 2018

  L 331

224

28.12.2018

 M13

COUNCIL DECISION (CFSP) 2019/1108 of 27 June 2019

  L 175

38

28.6.2019

 M14

COUNCIL DECISION (CFSP) 2019/2192 of 19 December 2019

  L 330

71

20.12.2019

 M15

COUNCIL DECISION (CFSP) 2020/907 of 29 June 2020

  L 207

37

30.6.2020

 M16

COUNCIL DECISION (CFSP) 2020/2143 of 17 December 2020

  L 430

26

18.12.2020

 M17

COUNCIL DECISION (CFSP) 2021/1144 of 12 July 2021

  L 247

99

13.7.2021

 M18

COUNCIL DECISION (CFSP) 2022/52 of 13 January 2022

  L 9

43

14.1.2022

►M19

COUNCIL DECISION (CFSP) 2022/264 of 23 February 2022

  L 42I

95

23.2.2022

►M20

COUNCIL DECISION (CFSP) 2022/327 of 25 February 2022

  L 48

1

25.2.2022

►M21

COUNCIL DECISION (CFSP) 2022/335 of 28 February 2022

  L 57

4

28.2.2022




▼B

COUNCIL DECISION 2014/512/CFSP

of 31 July 2014

concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine



▼M20

Article 1

1.  

It shall be prohibited to directly or indirectly purchase, sell, provide investment services for or assistance in the issuance of, or any other dealing with bonds, equity, or similar financial instruments with a maturity exceeding 90 days, issued after 1 August 2014 to 12 September 2014, or with a maturity exceeding 30 days, issued after 12 September 2014 to 12 April 2022 or any transferable securities and money market instruments issued after 12 April 2022 by:

(a) 

major credit institutions or finance development institutions established in Russia with over 50 % public ownership or control as of 1 August 2014, as listed in Annex I;

(b) 

any legal person, entity or body established outside the Union owned for more than 50 % by an entity listed in Annex I; or

(c) 

any legal person, entity or body acting on behalf, or at the direction, of an entity within the category referred to in point (b) of this paragraph or listed in Annex I.

2.  

It shall be prohibited to directly or indirectly, purchase, sell, provide investment services for or assistance in the issuance of, or otherwise deal with transferable securities and money-market instruments issued after 12 April 2022 by:

(a) 

any major credit institution, or other institution with over 50 % public ownership or control as of 26 February 2022 or any other credit institution having a significant role in supporting the activities of Russia and its Government and of the Russian Central Bank and established in Russia, as listed in Annex V;

(b) 

a legal person, entity or body established outside the Union whose proprietary rights are directly or indirectly owned for more than 50 % by an entity listed in Annex V; or

(c) 

a legal person, entity or body acting on behalf or at the direction of an entity referred to in point (a) or (b) of this paragraph.

3.  

It shall be prohibited to directly or indirectly purchase, sell, provide investment services for or assistance in the issuance of, or otherwise deal with transferable securities and money-market instruments with a maturity exceeding 30 days, issued after 12 September 2014 to 12 April 2022 or any transferable securities and money market instruments issued after 12 April 2022 by:

(a) 

a legal person, entity or body established in Russia, as listed in Annex II, predominantly engaged and with major activities in the conception, production, sales or export of military equipment or services, except legal persons, entities or bodies active in the space and nuclear energy sectors;

(b) 

a legal person, entity or body established in Russia, which is publicly controlled or with over 50 % public ownership which have estimated total assets of over RUB 1 trillion and whose estimated revenues originate for at least 50 % from the sale or transportation of crude oil or petroleum products, as listed in Annex III;

(c) 

a legal person, entity or body established outside the Union whose proprietary rights are directly or indirectly owned for more than 50 % by an entity listed in point (a) or (b) of this paragraph; or

(d) 

a legal person, entity or body acting on behalf or at the direction of an entity referred to in point (a), (b) or (c) of this paragraph.

4.  

It shall be prohibited to directly or indirectly purchase, sell, provide investment services for or assistance in the issuance of, or otherwise deal with transferable securities and money-market instruments, issued after 12 April 2022 by:

(a) 

a legal person, entity or body established in Russia, which is publicly controlled or with over 50 % public ownership and in which Russia, its Government or Central Bank has the right to participate in profits or with which Russia, its Government or Central Bank has other substantial economic relationships, as listed in Annex VI;

(b) 

a legal person, entity or body established outside the Union whose proprietary rights are directly or indirectly owned for more than 50 % by an entity listed in Annex VI; or

(c) 

a legal person, entity or body acting on behalf or at the direction of an entity referred to in point (a) or (b) of this paragraph.

5.  
It shall be prohibited to list and provide services as of 12 April 2022 on trading venues registered or recognised in the Union for the transferable securities of any legal person, entity or body established in Russia and with over 50 % public ownership.
6.  

It shall be prohibited to directly or indirectly make or be part of any arrangement to make:

(i) 

new loans or credit with a maturity exceeding 30 days to any legal person, entity or body referred to in paragraph 1 or 3, after 12 September 2014 to 26 February 2022; or

(ii) 

any new loans or credit to any legal person, entity or body referred to in paragraph 1, 2, 3 or 4 after 26 February 2022.

The prohibition shall not apply to:

(a) 

loans or credit that have a specific and documented objective to provide financing for non-prohibited imports or exports of goods and non-financial services between the Union and any third State, including the expenditure for goods and services from another third State that is necessary for executing the export or import contracts; or

(b) 

loans that have a specific and documented objective to provide emergency funding to meet solvency and liquidity criteria for legal persons established in the Union, whose proprietary rights are owned for more than 50 % by any entity referred to in Annex I.

7.  

The prohibition in paragraph 6 shall not apply to drawdown or disbursements made under a contract concluded before 26 February 2022, provided that the following conditions are met:

(a) 

all the terms and conditions of such drawdown or disbursements:

(i) 

were agreed before 26 February 2022; and

(ii) 

have not been modified on or after that date; and

(b) 

before 26 February 2022, a contractual maturity date has been fixed for the repayment in full of all funds made available and for the cancellation of all the commitments, rights and obligations under the contract; and

(c) 

at the time of its conclusion the contract was not in breach of the prohibitions laid down in this Decision.

The terms and conditions of drawdowns and disbursements referred to in point (a) include provisions concerning the length of the repayment period for each drawdown or disbursement, the interest rate applied or the interest rate calculation method, and the maximum amount.

▼M19

Article 1a

1.  

The direct or indirect purchase or sale of, the direct or indirect provision of investment services for or assistance in the issuance of, or any other dealing with transferable securities and money-market instruments issued after 9 March 2022 by:

(a) 

Russia and its Government;

(b) 

the Russian Central Bank; or,

(c) 

a legal person, entity or body acting on behalf of, or at the direction of, the entity referred to in point (b),

shall be prohibited.

2.  
It shall be prohibited to directly or indirectly make, or be part of any arrangement to make, any new loans or credit to any legal person, entity or body referred to in paragraph 1 after 23 February 2022. This prohibition shall not apply to loans or credit that have a specific and documented objective to provide financing for non-prohibited imports or exports of goods and non-financial services between the Union and any third State, including the expenditure for goods and services from another third State that is necessary for executing the export or import contracts.
3.  

The prohibition in paragraph 2 shall not apply to drawdown or disbursements made under a contract concluded before 23 February 2022 provided that the following conditions are met:

(a) 

all the terms and conditions of such drawdown or disbursements:

(i) 

were agreed before 23 February 2022; and

(ii) 

have not been modified on or after that date; and

(b) 

before 23 February 2022 a contractual maturity date has been fixed for the repayment in full of all funds made available and for the cancellation of all the commitments, rights and obligations under the contract.

The terms and conditions of drawdowns and disbursements referred to in point (a) include provisions concerning the length of the repayment period for each drawdown or disbursement, the interest rate applied or the interest rate calculation method, and the maximum amount.

▼M21

4.  
Transactions related to the management of reserves as well as of assets of the Central Bank of Russia, including transactions with any legal person, entity or body acting on behalf of, or at the direction of, the Central Bank of Russia, are prohibited.
5.  
By way of derogation from paragraph 4, the competent authorities may authorise a transaction provided that it is strictly necessary to ensure the financial stability of the Union as a whole or of the Member State concerned.
6.  
The Member State concerned shall immediately inform the other Member States and the Commission of its intention to grant an authorisation under paragraph 5.

▼M20

Article 1b

1.  
It shall be prohibited to accept any deposits from Russian nationals or natural persons residing in Russia, or legal persons, entities or bodies established in Russia, if the total value of deposits of the natural or legal person, entity or body per credit institution exceeds 100 000  EUR.
2.  
Paragraph 1 shall not apply to nationals of a Member State or natural persons having a temporary or permanent residence permit in a Member State.
3.  
Paragraph 1 shall not apply to deposits which are necessary for non-prohibited cross-border trade in goods and services between the Union and Russia.
4.  

By way of derogation from paragraph 1, the competent authorities may authorise the acceptance of such a deposit, under such conditions as they deem appropriate, after having determined that the acceptance of such a deposit is:

(a) 

necessary to satisfy the basic needs of natural or legal persons, entities or bodies referred to in paragraph 1 and their dependent family members, including payments for food, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

(b) 

intended exclusively for the payment of reasonable professional fees or the reimbursement of incurred expenses associated with the provision of legal services;

(c) 

necessary for extraordinary expenses, provided that the relevant 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; or

(d) 

necessary for official purposes of a diplomatic mission or consular post or international organisation.

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

5.  

By way of derogation from paragraph 1, the competent authorities may authorise the acceptance of such a deposit, under such conditions as they deem appropriate, after having determined that the acceptance of such a deposit is:

(a) 

necessary for humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance or for evacuations; or

(b) 

necessary for civil society activities that directly promote democracy, human rights or the rule of law in Russia.

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

Article 1c

1.  
It shall be prohibited for Union central securities depositories to provide any services as defined in the Annex of Regulation (EU) No 909/2014 of the European Parliament and of the Council ( 1 ) for transferable securities issued after 12 April 2022 to any Russian national or natural person residing in Russia or any legal person, entity or body established in Russia.
2.  
Paragraph 1 shall not apply to natural persons who are nationals of a Member State or having a temporary or permanent residence permit in a Member State.

Article 1d

1.  
It shall be prohibited to sell euro denominated transferable securities issued after 12 April 2022 or units in collective investment undertakings providing exposure to such securities, to any Russian national or natural person residing in Russia or any legal person, entity or body established in Russia.
2.  
Paragraph 1 shall not apply to nationals of a Member State or natural persons having a temporary or permanent residence permit in a Member State.

▼B

Article 2

1.  
The direct or indirect sale, supply, transfer or export of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts therefor, to Russia by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be prohibited whether originating or not in their territories.
2.  

It shall be prohibited:

(a) 

to provide technical assistance, brokering services or other services related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts therefor, directly or indirectly to any natural or legal person, entity or body in, or for use in Russia;

(b) 

to provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance or guarantee, as well as insurance and reinsurance for any sale, supply, transfer or export of arms and related materiel, or for the provision of related technical assistance, brokering services or other services directly or indirectly to any person, entity or body in, or for use in Russia.

3.  
The import, purchase or transport of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts therefor, from Russia by nationals of Member States or using their flag vessels or aircraft, shall be prohibited.

▼M2

4.  
The prohibition in paragraphs 1, 2 and 3 shall be without prejudice to the execution of contracts concluded before 1 August 2014 or ancillary contracts necessary for the execution of such contracts, and to the provision of spare parts and services necessary for the maintenance and safety of existing capabilities within the Union.

▼M4

5.  

The prohibitions in paragraphs 1 and 3 shall not apply to:

(a) 

the sale, supply, transfer or export and to the import, purchase or transport of hydrazine (CAS 302-01-2) in concentrations of 70 per cent or more;

(b) 

the import, purchase or transport of unsymmetrical dimethyl hydrazine (CAS 57-14-7);

(c) 

the sale, supply, transfer or export and to the import, purchase or transport of monomethyl hydrazine (CAS 60-34-4);

for use of launchers operated by European launch service providers, or for the use of launches of European space programmes, or for the fuelling of satellites by European satellites manufacturers.

The amount of any export of hydrazine shall be calculated in accordance with the launch or launches or the satellites for which it is made and shall not exceed a total quantity of 800 kg for each individual launch or satellite. The amount of any export of monomethyl hydrazine shall be calculated in accordance with the launch or launches or the satellites for which it is made.

▼M9

5a.  

The prohibitions in paragraphs 1 and 3 shall not apply to the sale, supply, transfer or export and to the import, purchase or transport of hydrazine (CAS 302-01-2) in concentrations of 70 % or more for the tests and flight of ExoMars descent module and for the flight of ExoMars carrier module in the framework of the ExoMars 2020 mission, under the following conditions:

(a) 

the amount of hydrazine destined for the tests and flight of the ExoMars descent module in the framework of the ExoMars 2020 mission, calculated in accordance with the needs of each phase of that mission, is not to exceed a total of 5 000  kg for the entire duration of the mission;

(b) 

the amount of hydrazine destined for the flight of the ExoMars carrier module in the framework of the ExoMars 2020 mission is not to exceed a total of 300 kg.

▼M9

6.  
The prohibitions in paragraph 2 shall not apply to the provision of technical assistance, brokering services or other services, and to the provision of financing or financial assistance, related to the operations referred to in paragraphs 5 and 5a.
7.  
The operations referred to paragraphs 5, 5a and 6 shall be subject to prior authorisation by the competent authorities of the Member States. Member States shall duly inform the Council in all cases where they grant an authorisation. The information shall include the details of the amounts transferred and of the end-use.

▼M20

Article 3

1.  
The direct or indirect sale, supply, transfer or export of all dual-use goods and technology listed in Annex I to Regulation (EU) 2021/821 of the European Parliament and of the Council ( 2 ) to any natural or legal person, entity or body in Russia or for use in Russia by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be prohibited whether originating or not in their territories.
2.  

It shall be prohibited:

(a) 

to provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Russia or for use in Russia;

(b) 

to provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any sale, supply, transfer or export of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in Russia, or for use in Russia.

3.  

Without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the prohibitions in paragraphs 1 and 2 shall not apply to the sale, supply, transfer or export of dual-use goods and technology or to the related provision of technical and financial assistance, for non-military use and for a non-military end user, intended for:

(a) 

humanitarian purposes, health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment, or as a response to natural disasters;

(b) 

medical or pharmaceutical purposes;

(c) 

temporary export of items for use by news media;

(d) 

software updates;

(e) 

use as consumer communication devices;

(f) 

ensuring cyber-security and information security for individuals and entities in Russia except for its government and undertakings directly or indirectly controlled by that government; or

(g) 

personal use by natural persons travelling to Russia or members of their immediate families travelling with them, and limited to personal effects, household effects, vehicles or tools of trade owned by those individuals and not intended for sale.

With the exception of points (f) and (g)of this paragraph, the exporter shall declare in the customs declaration that the items are being exported under the relevant exception set out in this paragraph and shall notify the competent authority of the Member State where the exporter is resident or established of the first use of the relevant exception within 30 days from the date when the first export took place.

4.  

By way of derogation from paragraphs 1 and 2 of this Article, and without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the competent authorities may authorise the sale, supply, transfer or export of dual-use goods and technology or the provision of related technical or financial assistance, for non-military use and for a non-military end user, after having determined that such goods or technology or the related technical or financial assistance are:

(a) 

intended for cooperation between the Union, the governments of Member States and the government of Russia in purely civilian matters;

(b) 

intended for intergovernmental cooperation in space programmes;

(c) 

intended for the operation, maintenance, fuel retreatment and safety of civil nuclear capabilities, as well as civil nuclear cooperation, in particular in the field of research and development;

(d) 

intended for maritime safety;

(e) 

intended for civilian telecommunications networks, including the provision of internet services;

(f) 

intended for the exclusive use of entities owned, or solely or jointly controlled by a legal person, entity or body which is incorporated or constituted under the law of a Member State or of a partner country;

(g) 

intended for the diplomatic representations of the Union, Member States and partner countries, including delegations, embassies and missions.

5.  
By way of derogation from paragraphs 1 and 2 of this Article, and without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the competent authorities may authorise the sale, supply, transfer or export of dual-use goods and technology or the provision of related technical or financial assistance, for non-military use and for a non-military end-user, after having determined that such goods or technology or the related technical or financial assistance are due under contracts concluded before 26 February 2022, or ancillary contracts necessary for the execution of such a contract, provided that the authorisation is requested before 1 May 2022.
6.  
All authorisations required under this Article shall be granted by the competent authorities in accordance with the rules and procedures laid down in Regulation (EU) 2021/821, which shall apply mutatis mutandis. The authorisation shall be valid throughout the Union.
7.  

When deciding on requests for authorisations in accordance with paragraphs 4 and 5 of this Article, the competent authorities shall not grant an authorisation if they have reasonable grounds to believe that:

(i) 

the end-user might be a military end-user, a natural or legal person, entity or body listed in Annex IV or that the goods might have a military end-use: or

(ii) 

the sale, supply, transfer or export of goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance is intended for aviation or space industry.

8.  
The competent authorities of the Member States may annul, suspend, modify or revoke an authorisation which they have granted pursuant to paragraphs 4 and 5 if they deem that such annulment, suspension, modification or revocation is necessary for the effective implementation of this Decision.
9.  
The partner countries as referred to in this Article and in points (f) and (g) of Article 3a(4), and which apply substantially equivalent export control measures, are included in Annex VII.

Article 3a

1.  
It shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods and technology which might contribute to Russia’s military and technological enhancement, or the development of the defence and security sector, whether or not originating in the Union, to any natural or legal person, entity or body in Russia or for use in Russia.
2.  

It shall be prohibited:

(a) 

to provide technical assistance, brokering services or other services related to goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Russia, or for use in Russia;

(b) 

to provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any sale, supply, transfer or export of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in Russia, or for use in Russia.

3.  

The prohibitions in paragraphs 1 and 2 shall not apply to the sale, supply, transfer or export of goods and technology referred to in paragraph 1 or to the related provision of technical and financial assistance, for non-military use and for a non-military end-user, intended for:

(a) 

humanitarian purposes, health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment, or as a response to natural disasters;

(b) 

medical or pharmaceutical purposes;

(c) 

temporary export of items for use by news media;

(d) 

software updates;

(e) 

use as consumer communication devices;

(f) 

ensuring cyber-security and information security for natural and legal persons, entities and bodies in Russia except for its government and undertakings directly or indirectly controlled by that government; or

(g) 

personal use of natural persons travelling to Russia or members of their immediate families travelling with them, and limited to personal effects, household effects, vehicles or tools of trade owned by those individuals and not intended for sale.

With the exception of points (f) and (g) above, the exporter shall declare in the customs declaration that the items are being exported under the relevant exception set out in this paragraph and shall notify the competent authority of the Member State where the exporter is resident or established of the first use of the relevant exception within 30 days from the date when the first export took place.

4.  

By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the sale, supply, transfer or export of goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance, for non-military use and for a non-military end-user, after having determined that such goods or technology or the related technical or financial assistance are:

(a) 

intended for cooperation between the Union, the governments of Member States and the government of Russia in purely civilian matters;

(b) 

intended for intergovernmental cooperation in space programmes;

(c) 

intended for the operation, maintenance, fuel retreatment and safety of civil nuclear capabilities, as well as civil nuclear cooperation, in particular in the field of research and development;

(d) 

intended for maritime safety;

(e) 

intended for civilian telecommunications networks, including the provision of internet service;

(f) 

intended for the exclusive use of entities owned, or solely or jointly controlled by a legal person, entity or body which is incorporated or constituted under the law of a Member State or of a partner country; or

(g) 

intended for the diplomatic representations of the Union, Member States and partner countries, including delegations, embassies and missions.

5.  
By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the sale, supply, transfer or export of goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance, for non-military use and for a non-military end-user, after having determined that such goods or technology or the related technical or financial assistance are due under contracts concluded before 26 February 2022, or ancillary contracts necessary for the execution of such a contract, provided that the authorisation is requested before 1 May 2022.
6.  
All authorisations required under this Article shall be granted by the competent authorities in accordance with the rules and procedures laid down in Regulation (EU) 2021/821, which shall apply mutatis mutandis. The authorisation shall be valid throughout the Union.
7.  

When deciding on requests for authorisations referred to in paragraphs 4 and 5 of this Article, the competent authorities shall not grant an authorisation if they have reasonable grounds to believe that:

(i) 

the end-user might be a military end-user, a natural or legal person, entity or body listed in Annex IV or that the goods might have a military end-use: or

(ii) 

the sale, supply, transfer or export of goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance is intended for aviation or space industry.

8.  
The competent authorities of the Member States may annul, suspend, modify or revoke an authorisation which they have granted pursuant to paragraphs 4 and 5 if they deem that such annulment, suspension, modification or revocation is necessary for the effective implementation of this Decision.
9.  
The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

▼M20

Article 3b

1.  

With regard to the entities listed in Annex IV, by way of derogation from Articles 3 and 3a, and without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the competent authorities of the Member States may only authorise the sale, supply, transfer or export of dual-use goods and technology and the goods and technology referred to in Article 3a, or the provision of related technical or financial assistance after having determined:

(a) 

that such goods or technology or the related technical or financial assistance are necessary for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment; or

(b) 

that such goods or technology or the related technical or financial assistance are due under contracts concluded before 26 February 2022, or ancillary contracts necessary for the execution of such a contract, provided that the authorisation is requested before 1 May 2022.

2.  
All authorisations required under this Article shall be granted by the competent authorities in accordance with the rules and procedures laid down in Regulation (EU) 2021/821, which shall apply mutatis mutandis. The authorisation shall be valid throughout the Union.
3.  
The competent authorities of the Member States may annul, suspend, modify or revoke an authorisation which they have granted pursuant to paragraph 1 if they deem that such annulment, suspension, modification or revocation is necessary for the effective implementation of this Decision.

▼M2

Article 4

1.  

The direct or indirect sale, supply, transfer or export of certain equipment suited to the following categories of exploration and production projects in Russia, including its Exclusive Economic Zone and Continental Shelf, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States, shall be subject to prior authorisation by the competent authority of the exporting Member State:

(a) 

oil exploration and production in waters deeper than 150 metres;

(b) 

oil exploration and production in the offshore area north of the Arctic Circle;

(c) 

projects that have the potential to produce oil from resources located in shale formations by way of hydraulic fracturing; it does not apply to exploration and production through shale formations to locate or extract oil from non-shale reservoirs.

The Union shall take the necessary measures in order to determine the relevant items to be covered by this paragraph.

2.  

The provision of:

(a) 

technical assistance or other services related to the equipment referred to in paragraph 1;

(b) 

financing or financial assistance for any sale, supply, transfer or export of the equipment referred to in paragraph 1 or for the provision of related technical assistance or training;

shall also be subject to prior authorisation by the competent authority of the exporting Member State.

3.  
The competent authorities of the Member States shall not grant any authorisation for any sale, supply, transfer or export of the equipment or the provision of the services, as referred to in paragraphs 1 and 2, if they determine that the sale, supply, transfer or export concerned or the provision of the service concerned is destined for one of the categories of exploration and production referred to in paragraph 1.
4.  
Paragraph 3 shall be without prejudice to the execution of contracts concluded before 1 August 2014 or ancillary contracts necessary for the execution of such contracts.
5.  
An authorisation may be granted where the sale, supply, transfer or export of the items or the provision of the services, as referred to in paragraphs 1 and 2, is necessary for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment. In duly justified cases of emergency, the sale, supply, transfer or export or the provision of services, as referred to in paragraphs 1 and 2, may proceed without prior authorisation, provided that the exporter notifies the competent authority within five working days after the sale, supply, transfer or export or the provision of services has taken place, providing detail about the relevant justification for the sale, supply, transfer or export or the provision of services without prior authorisation.

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Article 4a

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1.  

The direct or indirect provision of associated services necessary for the following categories of exploration and production projects in Russia, including its Exclusive Economic Zone and Continental Shelf, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States shall be prohibited:

(a) 

oil exploration and production in waters deeper than 150 metres;

(b) 

oil exploration and production in the offshore area north of the Arctic Circle;

(c) 

projects that have the potential to produce oil from resources located in shale formations by way of hydraulic fracturing; it does not apply to exploration and production through shale formations to locate or extract oil from non-shale reservoirs.

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2.  
The prohibition set out in paragraph 1 shall be without prejudice to the execution of contracts or framework agreements concluded before 12 September 2014 or ancillary contracts necessary for the execution of such contracts.
3.  
The prohibition set out in paragraph 1 shall not apply where the services in question are necessary for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment.

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Article 4b

1.  
It shall be prohibited to provide public financing or financial assistance for trade with, or investment in, Russia.
2.  

The prohibition in paragraph 1 shall not apply to:

(a) 

binding financing or financial assistance commitments established prior to 26 February 2022;

(b) 

the provision of public financing or financial assistance up to the total value of EUR 10 000 000 per project to small and medium-sized enterprises established in the Union; or

(c) 

the provision of public financing or financial assistance for trade in food, and for agricultural, medical or humanitarian purposes.

Article 4c

1.  
It shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods and technology suited for use in oil refining, whether or not originating in the Union, to natural or legal persons, entities or bodies in Russia or for use in Russia.
2.  

It shall be prohibited to:

(a) 

provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Russia or for use in Russia;

(b) 

provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any sale, supply, transfer or export of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any person, entity or body in Russia or for use in Russia.

3.  
The prohibitions in paragraphs 1 and 2 shall be without prejudice to the execution until 27 May 2022 of contracts concluded before 26 February 2022, or ancillary contracts necessary for the execution of such contracts.
4.  
By way of derogation from paragraphs 1 and 2, the competent authorities of the Member States may authorise, under such conditions as they deem appropriate, the sale, supply, transfer or export of goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance, after having determined that such goods or technology or the provision of related technical or financial assistance are necessary for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment.

In duly justified cases of emergency, the sale, supply, transfer or export may proceed without prior authorisation, provided that the exporter notifies the competent authority within five working days after the sale, supply, transfer or export has taken place, providing detail about the relevant justification for the sale, supply, transfer or export without prior authorisation.

5.  
The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.

Article 4d

1.  
It shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods and technology suited for use in aviation or the space industry, whether or not originating in the Union, to any natural or legal person, entity or body in Russia or for use in Russia.
2.  
It shall be prohibited to provide insurance and reinsurance, directly or indirectly, in relation to goods and technology referred to in paragraph 1 to any person, entity or body in Russia or for use in Russia.
3.  
It shall be prohibited to provide any one or any combination of the following activities: overhaul, repair, inspection, replacement, modification or defect rectification of an aircraft or component, with the exception of pre-flight inspection, in relation to the goods and technology referred to in paragraph 1, directly or indirectly, to any natural or legal person, entity or body in Russia or for use in Russia.
4.  

It shall be prohibited to:

(a) 

provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Russia or for use in Russia;

(b) 

provide financing or financial assistance related to goods and technology referred to in paragraph 1 for any sale, supply, transfer or export of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in Russia or for use in Russia.

5.  
The prohibitions in paragraphs 1and 4 shall not apply to the execution until 28 March 2022 of contracts concluded before 26 February 2022, or ancillary contracts necessary for the execution of such contracts.
6.  
The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article

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Article 4e

1.  
Member States shall, in accordance with their national rules and laws and consistent with international law, in particular relevant international civil aviation agreements, deny to any aircraft operated by Russian air carriers, including as a marketing carrier in code-sharing or blocked-space arrangements, to any Russian-registered aircraft, and to any non-Russian-registered aircraft which is owned or chartered, or otherwise controlled by any Russian natural or legal person, entity or body, permission to land in, take off from, or overfly the territory of the Union.
2.  
Paragraph 1 shall not apply in the case of an emergency landing or an emergency overflight.
3.  
By way of derogation from paragraph 1, the competent authorities may authorise an aircraft to land in, take off from, or overfly, the territory of the Union if the competent authorities have determined that such landing, take-off or overflight is required for humanitarian purposes or for any other purpose consistent with the objectives of this Decision.
4.  
The Member State or Member States concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 3 within two weeks of the authorisation.

Article 4f

1.  
The Network Manager appointed by the Commission pursuant to its Implementing Decision (EU) 2019/709 shall support the Commission and its Member States in ensuring the implementation of, and compliance with, Article 4e. The Network Manager shall, in particular, reject all flight plans filed by aircraft operators indicating an intent to carry out activities over the territory of the Union that constitute a violation of the provisions of this Decision, or of other safety and security measures in place, such that the pilot is not permitted to fly.
2.  
The Network Manager shall regularly supply to the Commission and Member States, based on the analysis of flight plans, reports on the implementation of Article 4e.

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Article 5

In order to maximise the impact of the measures referred to in this Decision, the Union shall encourage third States to adopt restrictive measures similar to those provided for herein.

Article 6

Actions by natural or legal persons, entities or bodies shall not give rise to liability of any kind on their part, if they did not know, and had no reasonable cause to suspect, that their actions would infringe the measures set out in this Decision.

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Article 7

1.  

No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Decision, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, in particular a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:

(a) 

legal persons, entities or bodies listed in Annex I, II, III, IV, V or VI, or referred to in point (b) or (c) of Article 1(1), in point (b), or (c) of Article 1(2), in point (c), or (d) of Article 1(3), in point (b) or (c) of Article 1(4), or in point (a), (b) or (c) or Article 1a;

(b) 

any other Russian person, entity or body; or

(c) 

any person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in points (a) or (b) of this paragraph.

2.  
In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited by paragraph 1 shall be on the person seeking the enforcement of that claim.
3.  
This Article is without prejudice to the right of the persons, entities and bodies referred to in paragraph 1 to judicial review of the legality of the non-performance of contractual obligations in accordance with this Decision.

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Article 8

It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions set out in this Decision, including by acting as a substitute for the natural or legal persons, entities or bodies subject to those prohibitions, or by acting to their benefit by using any of the exceptions provided for in this Decision.

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Article 8a

1.  
The Council and the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) may process personal data in order to carry out their tasks under this Decision, in particular for preparing and making amendments to this Decision and its Annexes.
2.  
For the purposes of this Decision, the Council and the High Representative are designated as ‘controllers’ within the meaning of point (8) of Article 3 of Regulation (EU) 2018/1725 of the European Parliament and of the Council ( 3 ), in relation to the processing activities necessary to accomplish the tasks referred to in paragraph 1.

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Article 9

1.  
This Decision shall apply until 31 July 2022.
2.  
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.

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Article 10

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




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ANNEX I

List of legal persons, entities and bodies referred to in Article 1(1)(a)

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1. 

SBERBANK

2. 

VTB BANK

3. 

GAZPROMBANK

4. 

VNESHECONOMBANK (VEB)

5. 

ROSSELKHOZBANK




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ANNEX II

List of legal persons, entities and bodies referred to in Article 1(3)(a)

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OPK OBORONPROM
UNITED AIRCRAFT CORPORATION
URALVAGONZAVOD




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ANNEX III

List of legal persons, entities and bodies referred to in Article 1(3)(b)

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ROSNEFT
TRANSNEFT
GAZPROM NEFT

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ANNEX IV

List of legal persons, entities and bodies referred to in Articles 3(7), 3a(7), and 3b(1)

JSC Sirius
OJSC Stankoinstrument
OAO JSC Chemcomposite
JSC Kalashnikov
JSC Tula Arms Plant
NPK Technologii Maschinostrojenija
OAO Wysokototschnye Kompleksi
OAO Almaz Antey
OAO NPO Bazalt
Admiralty Shipyard JSC
Aleksandrov Scientific Research Technological Institute NITI
Argut OOO
Communication center of the Ministry of Defense
Federal Research Center Boreskov Institute of Catalysis
Federal State Budgetary Enterprise of the Administration of the President of Russia
Federal State Budgetary Enterprise Special Flight Unit Rossiya of the Administration of the President of Russia
Federal State Unitary Enterprise Dukhov Automatics Research Institute (VNIIA)
Foreign Intelligence Service (SVR)
Forensic Center of Nizhniy Novgorod Region Main Directorate of the Ministry of Interior Affairs
International Center for Quantum Optics and Quantum Technologies (the Russian Quantum Center)
Irkut Corporation
Irkut Research and Production Corporation Public Joint Stock Company
Joint Stock Company Scientific Research Institute of Computing Machinery
JSC Central Research Institute of Machine Building (JSC TsNIIMash)
JSC Kazan Helicopter Plant Repair Service
JSC Shipyard Zaliv (Zaliv Shipbuilding yard)
JSC Rocket and Space Centre – Progress
Kamensk-Uralsky Metallurgical Works J.S. Co.
Kazan Helicopter Plant PJSC
Komsomolsk-na-Amur Aviation Production Organization (KNAAPO)
Ministry of Defence RF
Moscow Institute of Physics and Technology
NPO High Precision Systems JSC
NPO Splav JSC
OPK Oboronprom
PJSC Beriev Aircraft Company
PJSC Irkut Corporation
PJSC Kazan Helicopters
POLYUS Research Institute of M.F. Stelmakh Joint Stock Company
Promtech-Dubna, JSC
Public Joint Stock Company United Aircraft Corporation
Radiotechnical and Information Systems (RTI) Concern
Rapart Services LLC; Rosoboronexport OJSC (ROE)
Rostec (Russian Technologies State Corporation)
Rostekh – Azimuth
Russian Aircraft Corporation MiG
Russian Helicopters JSC
SP KVANT (Sovmestnoe Predpriyatie Kvantovye Tekhnologii)
Sukhoi Aviation JSC
Sukhoi Civil Aircraft
Tactical Missiles Corporation JSC
Tupolev JSC
UEC-Saturn
United Aircraft Corporation
JSC AeroKompozit
United Engine Corporation
UEC-Aviadvigatel JSC
United Instrument Manufacturing Corporation
United Shipbuilding Corporation
JSC PO Sevmash
Krasnoye Sormovo Shipyard
Severnaya Shipyard
Shipyard Yantar
UralVagonZavod

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ANNEX V

List of legal persons, entities and bodies referred to in Article 1(2)(a)

Alfa Bank
Bank Otkritie
Bank Rossiya
Promsvyazbank




ANNEX VI

List of legal persons, entities and bodies referred to in Article 1(4)(a)

Almaz-Antey
Kamaz
Novorossiysk Commercial Sea Port
Rostec (Russian Technologies State Corporation)
Russian Railways
JSC PO Sevmash
Sovcomflot
United Shipbuilding Corporation




ANNEX VII

List of partner countries referred to in Article 3(9)

THE UNITED STATES OF AMERICA



( 1 ) Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 (OJ L 257, 28.8.2014, p. 1).

( 2 ) Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast) (OJ L 206, 11.6.2021, p. 1).

( 3 ) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).

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