02023R0888 — EN — 30.05.2023 — 001.001
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COUNCIL REGULATION (EU) 2023/888 of 28 April 2023 concerning restrictive measures in view of actions destabilising the Republic of Moldova (OJ L 114 2.5.2023, p. 1) |
Amended by:
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Official Journal |
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COUNCIL IMPLEMENTING REGULATION (EU) 2023/1045 of 30 May 2023 |
L 140I |
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30.5.2023 |
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COUNCIL REGULATION (EU) 2023/888
of 28 April 2023
concerning restrictive measures in view of actions destabilising the Republic of Moldova
Article 1
For the purposes of this Regulation, the following definitions apply:
‘claim’ means any claim, whether asserted by legal proceedings or not, made before or after the date of entry into force of this Regulation, under or in connection with a contract or transaction, and in particular:
a claim for performance of any obligation arising under or in connection with a contract or transaction;
a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form;
a claim for compensation in respect of a contract or transaction;
a counterclaim;
a claim for the recognition or enforcement, including by the procedure of exequatur, of a judgment, an arbitration award or an equivalent decision, wherever made or given;
‘contract or transaction’ means any transaction of whatever form and whatever the applicable law, whether comprising one or more contracts or similar obligations made between the same or different parties; for this purpose ‘contract’ includes a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, and credit, whether legally independent or not, as well as any related provision arising under, or in connection with, the transaction;
‘competent authorities’ means the competent authorities of the Member States as identified on the websites listed in Annex II;
‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds, but may be used to obtain funds, goods or services;
‘freezing of economic resources’ means preventing the use of economic resources to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them;
‘freezing of funds’ means preventing any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management;
‘funds’ means financial assets and benefit of every kind, including, but not limited to:
cash, cheques, claims on money, drafts, money orders and other payment instruments;
deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;
publicly and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;
interest, dividends or other income on or value accruing from or generated by assets;
credit, right of set-off, guarantees, performance bonds or other financial commitments;
letters of credit, bills of lading, bills of sale;
documents showing evidence of an interest in funds or financial resources;
‘territory of the Union’ means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty, including their airspace.
Article 2
Annex I shall include:
natural or legal 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:
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;
planning, directing, engaging in, directly or indirectly, supporting or otherwise facilitating violent demonstrations or other acts of violence; or
serious financial misconduct concerning public funds and the unauthorised export of capital;
natural or legal persons, entities or bodies, who are associated with the natural or legal persons, entities or bodies designated under point (a).
Article 3
By way of derogation from Article 2, the competent authorities 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:
necessary to satisfy the basic needs of natural or legal persons, entities or bodies listed in Annex I, and dependent family members of such natural persons, including payments for food, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
intended exclusively for the payment of reasonable professional fees or the reimbursement of incurred expenses associated with the provision of legal services;
intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources;
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
to be paid into or from an account of a diplomatic or consular mission 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 or consular mission or international organisation.
Article 4
Article 5
By way of derogation from Article 2(1), the competent authorities may authorise the release of certain frozen funds or economic resources, if the following conditions are met:
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 Article 2 was listed in Annex I, 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;
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;
the decision is not for the benefit of a natural or legal person, entity or body listed in Annex I; and
recognition of the decision is not contrary to public policy in the Member State concerned.
Article 6
By way of derogation from Article 2(1) and provided that a payment by a natural or legal person, entity or body listed in Annex I is due under a contract or agreement that was concluded by, or an obligation that arose for, the natural or legal person, entity or body concerned, before the date on which that natural or legal person, entity or body was included in Annex I, the competent authorities may authorise, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources, provided that the competent authority concerned has determined that:
the funds or economic resources will be used for a payment by a natural or legal person, entity or body listed in Annex I; and
the payment is not in breach of Article 2(2).
Article 7
Article 2(2) shall not apply to the addition to frozen accounts of:
interest or other earnings on those accounts;
payments due under contracts, agreements or obligations that were concluded or arose before the date on which the natural or legal person, entity or body referred to in Article 2 was included in Annex I; or
payments due under judicial, administrative or arbitral decisions rendered in a Member State or enforceable in the Member State concerned,
provided that any such interest, other earnings and payments are frozen in accordance with Article 2(1).
Article 8
Without prejudice to the applicable rules concerning reporting, confidentiality and professional secrecy, natural and legal persons, entities and bodies shall:
supply immediately any information which would facilitate compliance with this Regulation, such as information on accounts and amounts frozen in accordance with Article 2(1), to the competent authority of the Member State where they are resident or located, and transmit such information, directly or through the Member State, to the Commission; and
cooperate with the competent authority in any verification of the information referred to in point (a).
Article 9
It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the measures referred to in Article 2.
Article 10
Article 11
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 Regulation, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, notably 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:
natural or legal persons, entities or bodies listed in Annex I;
any natural or legal person, entity or body acting through or on behalf of one of the natural or legal persons, entities or bodies referred to in point (a).
Article 12
The Commission and Member States shall inform each other of the measures taken under this Regulation and share any other relevant information at their disposal in connection with this Regulation, in particular information in respect of:
funds frozen under Article 2 and authorisations granted under Articles 3, 5 and 6;
violation and enforcement problems and judgments handed down by national courts.
Article 13
Article 14
Article 15
Article 16
The Council, the Commission and the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) shall process personal data in order to carry out their tasks under this Regulation. These tasks include:
as regards the Council, preparing and making amendments to Annex I;
as regards the High Representative, preparing amendments to Annex I;
as regards the Commission:
adding the contents of Annex I to the electronic, consolidated list of persons, groups and entities subject to Union financial sanctions and to the interactive sanctions map, both publicly available;
processing information on the impact of the measures provided for in this Regulation such as the value of frozen funds and information on authorisations granted by the competent authorities.
Article 17
Article 18
Any information provided to or received by the Commission in accordance with this Regulation shall be used by the Commission only for the purposes for which it was provided or received.
Article 19
This Regulation shall apply:
within the territory of the Union, including its airspace;
on board any aircraft or vessel under the jurisdiction of a Member State;
to any natural person inside or outside the territory of the Union who is a national of a Member State;
to any legal person, entity or body, inside or outside the territory of the Union, which is incorporated or constituted under the law of a Member State;
to any legal person, entity or body in respect of any business done in whole or in part within the Union.
Article 20
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
LIST OF NATURAL AND LEGAL PERSONS, ENTITIES AND BODIES REFERRED TO IN ARTICLE 2
A. Natural persons
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Name |
Identifying information |
Statement of reasons |
Date of listing |
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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 |
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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 |
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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 |
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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 |
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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 |
ANNEX II
Websites for information on the competent authorities and address for notifications to the Commission
BELGIUM
https://diplomatie.belgium.be/en/policy/policy_areas/peace_and_security/sanctions
BULGARIA
https://www.mfa.bg/en/EU-sanctions
CZECHIA
www.financnianalytickyurad.cz/mezinarodni-sankce.html
DENMARK
http://um.dk/da/Udenrigspolitik/folkeretten/sanktioner/
GERMANY
https://www.bmwi.de/Redaktion/DE/Artikel/Aussenwirtschaft/embargos-aussenwirtschaftsrecht.html
ESTONIA
https://vm.ee/sanktsioonid-ekspordi-ja-relvastuskontroll/rahvusvahelised-sanktsioonid
IRELAND
https://www.dfa.ie/our-role-policies/ireland-in-the-eu/eu-restrictive-measures/
GREECE
http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html
SPAIN
https://www.exteriores.gob.es/es/PoliticaExterior/Paginas/SancionesInternacionales.aspx
FRANCE
http://www.diplomatie.gouv.fr/fr/autorites-sanctions/
CROATIA
https://mvep.gov.hr/vanjska-politika/medjunarodne-mjere-ogranicavanja/22955
ITALY
https://www.esteri.it/it/politica-estera-e-cooperazione-allo-sviluppo/politica_europea/misure_deroghe/
CYPRUS
https://mfa.gov.cy/themes/
LATVIA
http://www.mfa.gov.lv/en/security/4539
LITHUANIA
http://www.urm.lt/sanctions
LUXEMBOURG
https://maee.gouvernement.lu/fr/directions-du-ministere/affaires-europeennes/organisations-economiques-int/mesures-restrictives.html
HUNGARY
https://kormany.hu/kulgazdasagi-es-kulugyminiszterium/ensz-eu-szankcios-tajekoztato
MALTA
https://foreignandeu.gov.mt/en/Government/SMB/Pages/SMB-Home.aspx
NETHERLANDS
https://www.rijksoverheid.nl/onderwerpen/internationale-sancties
AUSTRIA
https://www.bmeia.gv.at/themen/aussenpolitik/europa/eu-sanktionen-nationale-behoerden/
POLAND
https://www.gov.pl/web/dyplomacja/sankcje-miedzynarodowe
https://www.gov.pl/web/diplomacy/international-sanctions
PORTUGAL
https://portaldiplomatico.mne.gov.pt/politica-externa/medidas-restritivas
ROMANIA
http://www.mae.ro/node/1548
SLOVENIA
http://www.mzz.gov.si/si/omejevalni_ukrepi
SLOVAKIA
https://www.mzv.sk/europske_zalezitosti/europske_politiky-sankcie_eu
FINLAND
https://um.fi/pakotteet
SWEDEN
https://www.regeringen.se/sanktioner
Address for notifications to the European Commission:
European Commission
Directorate-General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA)
Rue Joseph II 54
B-1049 Brussels, Belgium
Email: relex-sanctions@ec.europa.eu