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Document 02023D0891-20230530

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Consolidated text: Council Decision (CFSP) 2023/891 of 28 April 2023 concerning restrictive measures in view of actions destabilising the Republic of Moldova

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02023D0891 — EN — 30.05.2023 — 001.001

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COUNCIL DECISION (CFSP) 2023/891

of 28 April 2023

concerning restrictive measures in view of actions destabilising the Republic of Moldova

(OJ L 114 2.5.2023, p. 15)

Amended by:

 

 

Official Journal

  No

page

date

►M1

COUNCIL DECISION (CFSP) 2023/1047 of 30 May 2023

  L 140I

9

30.5.2023



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COUNCIL DECISION (CFSP) 2023/891

of 28 April 2023

concerning restrictive measures in view of actions destabilising the Republic of Moldova



Article 1

1.  

Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of:

(a) 

natural persons responsible for, supporting or implementing actions or policies which undermine or threaten the sovereignty and independence of the Republic of Moldova, or democracy, the rule of law, stability or security in the Republic of Moldova through any of the following actions:

(i) 

obstructing or undermining the democratic political process, including by obstructing or seriously undermining the holding of elections or attempting to destabilise or overthrow the constitutional order;

(ii) 

planning, directing, engaging in, directly or indirectly, supporting or otherwise facilitating violent demonstrations or other acts of violence; or

(iii) 

serious financial misconduct concerning public funds and the unauthorised export of capital;

(b) 

natural persons associated with persons designated under point (a);

as listed in the Annex.

2.  
Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.
3.  

Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:

(a) 

as a host country of an international intergovernmental organisation;

(b) 

as a host country to an international conference convened by, or under the auspices of, the United Nations;

(c) 

under a multilateral agreement conferring privileges and immunities; or

(d) 

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

4.  
Paragraph 3 shall also apply in cases where a Member State is host country of the Organization for Security and Cooperation in Europe (OSCE).
5.  
The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraphs 3 or 4.
6.  
Member States may grant exemptions from the measures imposed under paragraph 1 where travel is justified on the grounds of urgent humanitarian need or on grounds of attending intergovernmental meetings or meetings promoted or hosted by the Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes the policy objectives of the restrictive measures, including support for the rule of law, democracy, stability and security of the Republic of Moldova.
7.  
Member States may also grant exemptions from the measures imposed under paragraph 1 where entry or transit is necessary for the fulfilment of a judicial process.
8.  
A Member State wishing to grant exemptions referred to in paragraph 6 or 7 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more Member States raise an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more Member States raise an objection, the Council, acting by qualified majority, may decide to grant the proposed exemption.
9.  
Where, pursuant to paragraphs 3, 4, 6, 7 and 8, a Member State authorises the entry into, or transit through its territory of persons listed in the Annex, the authorisation shall be limited to the purpose for which it is given to the person concerned thereby.

Article 2

1.  

All funds and economic resources belonging to, owned, held or controlled by:

(a) 

natural persons, entities or bodies responsible for, supporting or implementing actions or policies which undermine or threaten the sovereignty and independence of the Republic of Moldova, or democracy, the rule of law, stability or security in the Republic of Moldova through any of the following actions:

(i) 

obstructing or undermining the democratic political process, including by obstructing or seriously undermining the holding of elections or attempting to destabilise or overthrow the constitutional order;

(ii) 

planning, directing, engaging in, directly or indirectly, supporting or otherwise facilitating violent demonstrations or other acts of violence; or

(iii) 

serious financial misconduct concerning public funds and the unauthorised export of capital;

(b) 

natural or legal persons, entities or bodies associated with persons designated under point (a);

as listed in the Annex, shall be frozen.

2.  
No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of natural or legal persons, entities or bodies listed in the Annex.
3.  

By way of derogation from paragraphs 1 and 2, the competent authorities of the Member States 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 they deem appropriate, after having determined that the funds or economic resources concerned are:

(a) 

necessary to satisfy the basic needs of the persons listed in the Annex and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

(b) 

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

(c) 

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

(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; or

(e) 

to be paid into or from an account of a diplomatic mission or consular post or an international organisation enjoying immunities in accordance with international law, insofar as such payments are intended to be used for official purposes of the 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.

4.  

By way of derogation from paragraph 1, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, provided that the following conditions are met:

(a) 

the funds or economic resources are the subject of an arbitral decision rendered prior to the date on which the person, entity or body referred to in paragraph 1 was listed in the Annex, or of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to or after that date;

(b) 

the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;

(c) 

the decision is not for the benefit of a natural or legal person, entity or body listed in the Annex; and

(d) 

recognition of the decision is not contrary to public policy in the Member State concerned.

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

5.  
Paragraph 1 shall not prevent a listed natural or legal person, entity or body from making a payment due under a contract entered into prior to the date on which such natural or legal person, entity or body was listed in the Annex, provided that the Member State concerned has determined that the payment is not, directly or indirectly, received by a natural or legal person, entity or body referred to in paragraph 1.
6.  

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

(a) 

interest or other earnings on those accounts;

(b) 

payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to the measures provided for in paragraphs 1 and 2; or

(c) 

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

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

7.  
The prohibition set out in paragraph 2 shall not apply to organisations and agencies which are pillar-assessed by the Union and with which the Union has signed a financial framework partnership agreement on the basis of which the organisations and agencies act as humanitarian partners of the Union, provided that the provision of the funds or economic resources referred to in paragraph 2 is necessary for exclusively humanitarian purposes in the Republic of Moldova.
8.  
In cases not covered by paragraph 7, and by way of derogation from paragraphs 1 and 2, the competent authorities of a Member State may grant specific or general authorisations, under such general or specific conditions as they deem appropriate, to release certain frozen funds or economic resources or to make available certain funds or economic resources, provided that the provision of such funds or economic resources is necessary for exclusively humanitarian purposes in the Republic of Moldova.

Article 3

1.  
The Council, acting by unanimity upon a proposal by a Member State or by the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’), 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 4

1.  
The Annex shall include the grounds for listing the natural and legal persons, entities and bodies referred to in Articles 1 and 2.
2.  
The Annex shall contain, where available, the information necessary to identify the natural or legal persons, entities or bodies concerned. With regard to natural persons, such information may include: names and aliases; date and place of birth; nationality; passport and identity card numbers; gender; address, if known; and function or profession. With regard to legal persons, entities or bodies, such information may include: names; place and date of registration; registration number; and place of business.

Article 5

1.  

The Council and the High Representative may process personal data in order to carry out their tasks under this Decision, in particular:

(a) 

as regards the Council, for preparing and making amendments to the Annex;

(b) 

as regards the High Representative, for preparing amendments to the Annex.

2.  
The Council and the High Representative may process, where applicable, relevant data relating to criminal offences committed by listed natural persons, to criminal convictions or to security measures concerning such persons, only to the extent that such processing is necessary for the preparation of the Annex.
3.  
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 ( 1 ), in order to ensure that the natural persons concerned can exercise their rights under Regulation (EU) 2018/1725.

Article 6

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, in particular a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:

(a) 

designated natural or legal persons, entities or bodies listed in the Annex;

(b) 

any natural or legal person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in point (a).

Article 7

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

Article 8

This Decision shall apply until 29 April 2024.

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.

In reviewing restrictive measures taken pursuant to Articles 1(1)(a)(iii) and 2(1)(a)(iii), the Council shall take into account as appropriate whether the persons in question are subject to judicial proceedings or not in respect of the conduct for which they were listed.

Article 9

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

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ANNEX

LIST OF NATURAL AND LEGAL PERSONS, ENTITIES AND BODIES REFERRED TO IN ARTICLES 1 AND 2

A.   Natural persons



 

Name

Identifying information

Statement of reasons

Date of listing

1.

Ilan Mironovich SHOR

a.k.a.

Ilan Mironovici ȘOR

Function: businessman, president of the political party ‘SHOR’ (‘ȘOR’)

DOB: 6.3.1987

POB: Tel Aviv, Israel

Gender: male

Nationality: Moldovan, Israeli

Passport no: 0971007884125 (Republic of Moldova)

Ilan Shor is a Moldovan politician (leader of the ȘOR Political Party) and businessman from the Republic of Moldova who is involved in the illegal financing of political parties in the Republic of Moldova and in incitement to violence against the political opposition. The ȘOR Party, which Ilan Shor leads, is involved in the payment and training of persons in order to provoke disorder and unrest during the protests in the Republic of Moldova.

By a decision dated 13 April 2023, the Court of Appeal of Chisinau sentenced Ilan Shor for being guilty of fraud and money laundering in the ‘Bank Fraud’ case to 15 years of imprisonment and the confiscation of assets for a value of EUR 254 million. Funds from this large-scale banking fraud and connections to corrupt oligarchs and Moscow-based entities have been and are still being used, according to authorities of the Republic of Moldova, to artificially create political unrest in the country.

His actions directed towards subverting democracy in the Republic of Moldova include providing illegal funding to support pro-Kremlin political activity in the Republic of Moldova. An example of the use of such funds is the organisation of violent protests and rallies, primarily in the capital Chisinau, with the help of protestors paid by the ȘOR Party, throughout 2022 and 2023.

By directing and planning violent demonstrations and through his serious financial misconduct concerning public funds and the unauthorised export of capital, Ilan Shor is responsible for actions which undermine and threaten the sovereignty and independence of the Republic of Moldova, and the democracy, the rule of law, stability and security in the Republic of Moldova.

30.5.2023

2.

Gheorghe Petru CAVCALIUC

Function: politician, president of the political party ‘Building Europe at Home Party’

former Deputy Head of the General Police Inspectorate

DOB: 25.10.1982

POB: Micăuți village, Strășeni county, Republic of Moldova

Gender: male

Nationality: Moldovan

ID number 2000033042660 (Republic of Moldova)

Gheorghe Petru Cavcaliuc is the former Deputy Head of the General Police Inspectorate of the Republic of Moldova. He is known for having organised and participated in the violent protests of October 2022, alongside Ilan Shor. He has used his connections within the General Police Inspectorate to recruit former police officers and create a paramilitary group to ‘protect’ the violent demonstrators against the Government of the Republic of Moldova. In this context, he has founded a so-called ‘shadow government’ with the aim of replacing the democratically elected government of the Republic of Moldova.

By directing and planning violent demonstrations, Gheorghe Cavcaliuc is responsible for actions which undermine and threaten the sovereignty and independence of the Republic of Moldova, and the democracy, the rule of law, stability and security in the Republic of Moldova.

30.5.2023

3.

Marina TAUBER

Function: Member of the Parliament of the Republic of Moldova (since March 2019)

DOB: 1.5.1986

POB: Chișinău, Republic of Moldova

Gender: female

Nationality: Moldovan

Marina Tauber is the deputy leader of the ȘOR Party and a Member of the Parliament of the Republic of Moldova. She was charged in the ‘Bank Fraud’ case and she is subject to investigation in two criminal cases in the Republic of Moldova related to the illegal financing from an organised criminal group and the falsification of the report on the financial management of the ȘOR Party.

On 20 December 2022, prosecutors conducted several searches in connection with the case of the illegal financing of Ilan Shor’s party. The authorities of the Republic of Moldova then identified money which, according to the prosecutors, was to be used for organising anti-government protests and remunerating the participants in those demonstrations.

In 2023, knives, flammable substances and daggers were seized following protests organised by the People’s Movement, which the ȘOR Party is part of. Violence and altercations between the police and demonstrators were registered, where 54 people were detained, including minors. According to the General Police Inspectorate of the Republic of Moldova, Marina Tauber was among the main organisers of the protests of the ȘOR Party and the People’s Movement.

According to the Anticorruption Prosecutor’s Office of the Republic of Moldova, she used special communication instruments in order to give direct instructions to the presidents and vice-presidents of the territorial offices of the ȘOR Party in the country on how to bring people to the demonstrations, organise transport and how to receive the money for the remuneration of the people.

By directing and planning violent demonstrations and through her serious financial misconduct concerning public funds and the unauthorised export of capital, Marina Tauber is responsible for actions which undermine and threaten the sovereignty and independence of the Republic of Moldova, and the democracy, the rule of law, stability and security in the Republic of Moldova.

30.5.2023

4.

Igor Yuryevich CHAIKA

a.ka. Igor Yuryevich CHAYKA

(Игорь Юрьевич ЧАЙКА)

Function: Russian businessman

DOB: 13.12.1988

POB: Irkutsk or Moscow, former USSR (now Russian Federation)

Gender: male

Nationality: Russian

Igor Chaika is a Russian businessman responsible for funnelling money in support of the Russian Federal Security Service (FSB) projects aimed at destabilising the Republic of Moldova. He played the role of Russian ‘purse’, channelling money to FSB assets in the Republic of Moldova in order to bring the country under the control of the Kremlin.

Through his serious financial misconduct concerning public funds, Igor Chaika is responsible for supporting actions which undermine and threaten the sovereignty and independence of the Republic of Moldova, and the democracy, the rule of law, stability and security in the Republic of Moldova.

30.5.2023

5.

Vladimir Gheorghe PLAHOTNIUC

a.k.a. Vladimir ULINICI

a.k.a. Vladimir PLAKHOTNYUK

a.k.a. Vladislav Vladimir NOVAK

(Владимир (Влад) Георгиевич ПЛАХОТНЮК)

Function: businessman, politician

DOB: 1.1.1966 or 25.12.1965

POB: Pitușca, Călărași, former USSR (now Republic of Moldova)

Gender: male

Nationality: Moldovan, Romanian, Russian

Passport no: 0960304018797 (Republic of Moldova)

Vladimir Plahotniuc is subject to numerous criminal proceedings in the Republic of Moldova related to crimes in connection with the embezzlement of State funds of the Republic of Moldova and their illegal transfer outside the Republic of Moldova. He was accused in the Republic of Moldova in the ‘Bank Fraud’ case, the economic effects of which are still affecting the country. He is also being investigated for bribing the former president of the Republic of Moldova with a bag of cash in exchange for political favours.

Through his serious financial misconduct concerning public funds and the unauthorised export of capital, Vladimir Plahotniuc is responsible for actions and implementing policies which undermine and threaten the democracy, the rule of law, stability or security in the Republic of Moldova through undermining the democratic political process in the Republic of Moldova and serious financial misconduct concerning public funds.

30.5.2023


( 1 ) 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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