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Document 02014D0119-20150307
Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine
Consolidated text: Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine
Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine
2014D0119 — EN — 07.03.2015 — 002.001
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
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COUNCIL DECISION 2014/119/CFSP of 5 March 2014 (OJ L 066, 6.3.2014, p.26) |
Amended by:
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Official Journal |
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No |
page |
date |
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COUNCIL IMPLEMENTING DECISION 2014/216/CFSP of 14 April 2014 |
L 111 |
91 |
15.4.2014 |
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L 24 |
16 |
30.1.2015 |
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L 62 |
25 |
6.3.2015 |
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Corrected by:
COUNCIL DECISION 2014/119/CFSP
of 5 March 2014
concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:|
(1) |
On 20 February 2014, the Council condemned in the strongest terms all use of violence in Ukraine. It called for an immediate end to the violence in Ukraine, and full respect for human rights and fundamental freedoms. It called upon the Ukrainian Government to exercise maximum restraint and opposition leaders to distance themselves from those who resort to radical action, including violence. |
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(2) |
On 3 March 2014, the Council agreed to focus restrictive measures on the freezing and recovery of assets of persons identified as responsible for the misappropriation of Ukrainian State funds and persons responsible for human rights violations, with a view to consolidating and supporting the rule of law and respect for human rights in Ukraine. |
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(3) |
Further action by the Union is needed in order to implement certain measures, |
HAS ADOPTED THIS DECISION:
Article 1
1. All funds and economic resources belonging to, owned, held or controlled by persons having been identified as responsible for the misappropriation of Ukrainian State funds and persons responsible for human rights violations in Ukraine, and natural or legal persons, entities or bodies associated with them, as listed in the Annex, shall be frozen.
For the purpose of this Decision, persons identified as responsible for the misappropriation of Ukrainian State funds include persons subject to investigation by the Ukrainian authorities:
(a) for the misappropriation of Ukrainian public funds or assets, or being an accomplice thereto; or
(b) for the abuse of office as a public office-holder in order to procure an unjustified advantage for him- or herself or for a third party, and thereby causing a loss to Ukrainian public funds or assets, or being an accomplice thereto.
2. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of natural or legal persons, entities or bodies listed in the Annex.
3. The competent authority of a Member State may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as it deems appropriate, after having determined that the funds or economic resources concerned are:
(a) necessary to satisfy the basic needs of the natural persons listed in the Annex and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
(b) intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;
(c) intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources; or
(d) necessary for extraordinary expenses, provided that the competent authority has notified the competent authorities of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least two weeks prior to the authorisation.
The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph.
4. By way of derogation from paragraph 1, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources, provided that the following conditions are met:
(a) the funds or economic resources are the subject of an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in paragraph 1 was listed in the Annex, or of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to or after that date;
(b) the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;
(c) the decision is not for the benefit of a natural or legal person, entity or body listed in the Annex; and
(d) recognition of the decision is not contrary to public policy in the Member State concerned.
The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under this paragraph.
5. Paragraph 1 shall not prevent a listed natural or legal person, entity or body from making a payment due under a contract entered into prior to the date on which such person, entity or body was listed in the Annex, provided that the Member State concerned has determined that the payment is not, directly or indirectly, received by a person, entity or body referred to in paragraph 1.
6. Paragraph 2 shall not apply to the addition to frozen accounts of:
(a) interest or other earnings on those accounts;
(b) payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to the measures provided for in paragraphs 1 and 2; or
(c) payments due under judicial, administrative or arbitral decisions rendered in the Union or enforceable in the Member State concerned,
provided that any such interest, other earnings and payments remain subject to the measures provided for in paragraph 1.
Article 2
1. The Council, acting upon a proposal by a Member State or the High Representative of the Union for Foreign Affairs and Security Policy, shall decide to establish and amend the list in the Annex.
2. The Council shall communicate the decision referred to in paragraph 1, including the grounds for the listing, to the natural or legal person, entity or body concerned, either directly, if the address is known, or through the publication of a notice, providing such person, entity or body with an opportunity to present observations.
3. Where observations are submitted, or where substantial new evidence is presented, the Council shall review the decision referred to in paragraph 1 and inform the person, entity or body concerned accordingly.
Article 3
1. The Annex shall include the grounds for listing the natural and legal persons, entities and bodies referred to in Article 1(1).
2. The Annex shall also contain, where available, the information necessary to identify the natural and legal persons, entities or bodies concerned. With regard to natural persons, such information may include names, including aliases, date and place of birth, nationality, passport and identity card numbers, gender, address if known, and function or profession. With regard to legal persons, entities and bodies, such information may include names, place and date of registration, registration number and place of business.
Article 4
In order to maximise the impact of the measures referred to in Article 1(1) and (2), the Union shall encourage third States to adopt restrictive measures similar to those provided for in this Decision.
Article 5
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
This Decision shall apply until 6 March 2016. The measures in Article 1 shall apply with regard to entries No 4, 8, 10 and 13 in the Annex until 6 June 2015.
This Decision shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.
ANNEX
List of persons, entities and bodies referred to in Article 1
|
Name |
Identifying information |
Statement of reasons |
Date of listing |
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1. |
Viktor Fedorovych Yanukovych (Вiктор Федорович Янукович), Viktor Fedorovich Yanukovich (Виктор Фёдорович Янукович) |
born on 9 July 1950 in Yenakiieve (Donetsk oblast), former President of Ukraine |
Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. |
6.3.2014 |
|
2. |
Vitalii Yuriyovych Zakharchenko (Вiталiй Юрiйович Захарченко), Vitaliy Yurievich Zakharchenko (Виталий Юрьевич Захарченко) |
born on 20 January 1963 in Kostiantynivka (Donetsk oblast), former Minister of Internal Affairs |
Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. |
6.3.2014 |
|
3. |
Viktor Pavlovych Pshonka (Вiктор Павлович Пшонка) |
born on 6 February 1954 in Serhiyivka (Donetsk oblast), former Prosecutor General of Ukraine |
Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. |
6.3.2014 |
|
4. |
Olena Leonidivna Lukash (Олена Леонiдiвна Лукаш), Elena Leonidovna Lukash (Елена Леонидовна Лукаш) |
born on 12 November 1976 in Rîbnița (Moldova), former Minister of Justice |
Person subject to investigations by the Ukrainian authorities for the abuse of office as a public office-holder in order to procure an unjustified advantage for herself or for a third party and thereby causing a loss to Ukrainian public funds. |
6.3.2014 |
|
5. |
Andrii Petrovych Kliuiev (Андрiй Петрович Клюєв), Andriy Petrovych Klyuyev |
born on 12 August 1964 in Donetsk, former Head of Administration of President of Ukraine |
Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and in connection with the misuse of office by a public office-holder to procure an unjustified advantage for himself or a third party thereby causing a loss to the Ukrainian public budget or assets. |
6.3.2014 |
|
6. |
Viktor Ivanovych Ratushniak (Вiктор Iванович Ратушняк) |
born on 16 October 1959, former Deputy Minister of Internal Affairs |
Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for being an accomplice thereto. |
6.3.2014 |
|
7. |
Oleksandr Viktorovych Yanukovych (Олександр Вiкторович Янукович) |
born on 10 July 1973 in Yenakiieve (Donetsk oblast), son of former President, businessman |
Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. |
6.3.2014 |
|
8. |
Viktor Viktorovych Yanukovych (Вiктор Вiкторович Янукович) |
born on 16 July 1981 in Yenakiieve (Donetsk oblast), son of former President, Member of the Verkhovna Rada of Ukraine |
Person subject to investigations by the Ukrainian authorities for the misappropriation of public funds or assets. Person associated with a designated person (former President of Ukraine, Viktor Fedorovych Yanukovych) subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. |
6.3.2014 |
|
9. |
Artem Viktorovych Pshonka (Артем Вiкторович Пшонка) |
born on 19 March 1976 in Kramatorsk (Donetsk oblast), son of former Prosecutor General, Deputy Head of the faction of Party of Regions in the Verkhovna Rada of Ukraine |
Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for being an accomplice thereto. |
6.3.2014 |
|
10. |
Serhii Petrovych Kliuiev (Сергiй Петрович Клюєв), Serhiy Petrovych Klyuyev |
born on 19 August 1969 in Donetsk, brother of Mr Andrii Kliuiev, businessman |
Person subject to investigation by the Ukrainian authorities for involvement in the misappropriation of public funds or assets and in the abuse of public office as a public office-holder in order to procure an unjustified advantage for himself or for a third party and thereby causing a loss to Ukrainian public funds or assets. Person associated with a designated person (Andrii Petrovych Kliuiev) subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. |
6.3.2014 |
|
11. |
Mykola Yanovych Azarov (Микола Янович Азаров), Nikolai Yanovich Azarov (Николай Янович Азаров) |
born on 17 December 1947 in Kaluga (Russia), Prime Minister of Ukraine until January 2014 |
Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. |
6.3.2014 |
|
12. |
Serhiy Vitaliyovych Kurchenko (Сергiй Вiталiйович Курченко) |
born on 21 September 1985 in Kharkiv, businessman |
Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. |
6.3.2014 |
|
13. |
Dmytro Volodymyrovych Tabachnyk (Дмитро Володимирович Табачник) |
born on 28 November 1963 in Kiev, former Minister of Education and Science |
Person subject to investigation by the Ukrainian authorities for the abuse of office as a public office-holder in order to procure an unjustified advantage for himself or for a third party and thereby causing a loss to Ukrainian public funds or assets. |
6.3.2014 |
|
14. |
Raisa Vasylivna Bohatyriova (Раїса Василiвна Богатирьова), Raisa Vasilievna Bogatyreva (Раиса Васильевна Богатырёва) |
born on 6 January 1953 in Bakal (Chelyabinsk oblast, Russia), former Minister of Health |
Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. |
6.3.2014 |
|
15. |
Serhiy Hennadiyovych Arbuzov (Сергiй Геннадiйович Арбузов), Sergei Gennadievich Arbuzov (Сергей Геннадиевич Арбузов) |
born on 24 March 1976 in Donetsk, former Prime Minister of Ukraine |
Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. |
15.4.2014 |
|
16. |
Yuriy Volodymyrovych Ivanyushchenko (Юрiй Володимирович Iванющенко) |
born on 21 February 1959 in Yenakiieve (Donetsk oblast), Party of Regions MP |
Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. |
15.4.2014 |
|
17. |
Oleksandr Viktorovych Klymenko (Олександр Вiкторович Клименко) |
born on 16 November 1980 in Makiivka (Donetsk oblast), former Minister of Revenues and Charges |
Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for the abuse of office by a public office-holder in order to procure an unjustified advantage for himself or for a third party and thereby causing a loss to Ukrainian public funds or assets. |
15.4.2014 |
|
18. |
Edward Stavytskyi, Eduard Anatoliyovych Stavytsky (Едуард Анатолiйович Ставицький) |
born on 4 October 1972 in Lebedyn (Sumy oblast), former Minister of Fuel and Energy of Ukraine Reportedly residing in Israel. However, still in possession of his Ukrainian citizenship |
Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. |
15.4.2014 |