Council Decision (CFSP) 2022/266 of 23 February 2022 concerning restrictive measures in response to the illegal recognition, occupation or annexation by the Russian Federation of certain non-government controlled areas of Ukraine

The import into the Union of goods originating in the non-government controlled areas of Ukraine in the oblasts of Donetsk, Kherson, Luhansk, and Zaporizhzhia shall be prohibited.

It shall be prohibited to provide, directly or indirectly, financing or financial assistance, as well as insurance and reinsurance, related to the import of goods originating in the non-government controlled areas of Ukraine referred to in paragraph 1.

Any of the following shall be prohibited:

1. the acquisition of, or the extension of a participation in, real estate in the non-government controlled areas referred to in Article 1;

2. the acquisition of, or the extension of a participation in, entities in the non-government controlled areas referred to in Article 1, including the acquisition in full of such entities and the acquisition of shares therein, and the acquisition of other securities of a participating nature;

3. the granting of any financing to entities in the non-government controlled areas referred to in Article 1, or for the documented purpose of financing such entities;

4. the creation of any joint venture with entities in the non-government controlled areas referred to in Article 1; and,

5. the provision of investment services directly related to the activities referred to in points (a) to (d) of this paragraph.

The prohibitions in paragraph 1 shall:

1. be without prejudice to the execution of an obligation from contracts concluded before 23 February 2022; and,

2. not prevent the extension of a participation, if such extension is an obligation under a contract concluded before 24 February 2022.

The prohibitions and restrictions set out in this Article shall not apply to the conduct of legitimate business with entities outside the non-government controlled areas referred to in Article 1, provided the related investments are not destined to entities in the non-government controlled areas referred to in Article 1.

It shall be prohibited to sell, supply, transfer, or export, directly or indirectly, goods and technology by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States, whether or not originating in the Union,

1. to any natural or legal person, entity or body in the non-government controlled areas referred to in Article 1; or,

2. for use in the non-government controlled areas referred to in Article 1,

   in the following sectors:

   1. transport;

   2. telecommunications;

   3. energy; and

   4. the prospection, exploration and production of oil, gas and mineral resources.

The provision of:

1. technical assistance or training and other services related to the goods and technology in the sectors referred to in paragraph 1;

2. financing or financial assistance for any sale, supply, transfer or export of goods or technology in the sectors referred to in paragraph 1, or for the provision of related technical assistance or training,

shall be prohibited.

The prohibitions set out in paragraphs 1 and 2 shall not apply to:

1. public bodies or legal persons, entities or bodies which receive public funding from the Union or Member States, provided that the goods, technology, services and assistance referred to in paragraphs 1 and 2 are necessary for exclusively humanitarian purposes in the non-government controlled areas of Ukraine referred to in Article 1;

2. 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 goods, technology, services and assistance referred to in paragraphs 1 and 2 are necessary for exclusively humanitarian purposes in the non-government controlled areas of Ukraine referred to in Article 1;

3. organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate or which are certified or recognised by a Member State in accordance with national procedures, provided that the goods, technology, services and assistance referred to in paragraphs 1 and 2 are necessary for exclusively humanitarian purposes in the non-government controlled areas of Ukraine referred to in Article 1; or

4. Member States’ specialised agencies, provided that the goods, technology, services and assistance referred to in paragraphs 1 and 2 are necessary for exclusively humanitarian purposes in the non-government controlled areas of Ukraine referred to in Article 1.

In cases not covered by paragraph 2a, and by way of derogation from paragraphs 1 and 2, the competent authorities of a Member State may grant general or specific authorisations, under such general and specific terms and conditions as they deem appropriate, for the sale, supply, transfer or export of goods or technology referred to in paragraph 1 and the provision of services and assistance referred to in paragraph 2, after having determined that such goods, technology, services and assistance are necessary for exclusively humanitarian purposes in the non-government controlled areas of Ukraine referred to in Article 1.

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

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

It shall be prohibited to provide, directly or indirectly, accounting, auditing, including statutory audit, bookkeeping or tax consulting services, or business and management consulting or public relations services to legal persons, entities or bodies in the non-government controlled areas.

It shall be prohibited to provide, directly or indirectly, construction, architectural and engineering services, legal advisory services and IT consultancy services to legal persons, entities or bodies in the non-government controlled areas.

It shall be prohibited to provide, directly or indirectly, market research and public opinion polling services, technical testing and analysis services and advertising services to legal persons, entities or bodies in the non-government controlled areas.

It shall be prohibited to sell, supply, transfer, export, or provide, directly or indirectly, software for the management of enterprises and software for industrial design and manufacture to legal persons, entities or bodies in the non-government controlled areas.

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

It shall be prohibited to:

1. provide, directly or indirectly, technical assistance or brokering services directly relating to infrastructure in the non-government controlled areas in the sectors referred to in Article 6(1), independently of the origin of the goods and technology;

2. provide technical assistance, brokering services or other services related to the goods and services referred to in paragraphs 1, 1-a, 1-b and 1-c for their provision, directly or indirectly, to legal persons, entities or bodies in the non-government controlled areas;

3. provide financing or financial assistance related to the goods and services referred to in paragraphs 1, 1-a, 1-b and 1-c for their provision, or for the provision of related technical assistance, brokering services or other services, directly or indirectly, to legal persons, entities or bodies in the non-government controlled areas;

4. sell, license or transfer in any other way intellectual property rights or trade secrets as well as grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the software referred to in paragraph 1-c and to the provision, manufacture, maintenance and use of that software, directly or indirectly to any natural or legal person, entity or body in the non-government controlled areas or for use in the non-government controlled areas.

Paragraphs 1 and 1-a shall not apply to the provision of services that are strictly necessary for the exercise of the right of defence in judicial proceedings and the right to an effective legal remedy.

Paragraphs 1 and 1-a shall not apply to the provision of services which are strictly necessary to ensure access to judicial, administrative or arbitral proceedings in a Member State, as well as for the recognition or enforcement of a judgment or an arbitration award rendered in a Member State, provided that such provision of services is consistent with the objectives of this Decision and Council Decision 2014/145/CFSP⁽¹⁾.

Paragraphs 1-a, 1-b and 1-c shall not apply to the sale, supply, transfer, export, or provision of services necessary for public 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.

By way of derogation from paragraph 1-c, the competent authorities may authorise the provision of services referred to therein, under such conditions as they deem appropriate, after having determined that those services are necessary for the contribution of Ukrainian nationals to international open-source projects.

By way of derogation from paragraphs 1 to 1-d, the competent authorities may authorise the sale, supply, transfer, export, or provision of the services referred to therein, under such conditions as they deem appropriate, after having determined that this is necessary for:

1. 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;

2. civil society activities that directly promote democracy, human rights or the rule of law in the non-government controlled areas;

3. the functioning of international organisations enjoying immunities in accordance with international law located in the non-government controlled areas;

4. ensuring critical energy supply within the Union, and the purchase, import or transport into the Union of titanium, aluminium, copper, nickel, palladium and iron ore;

5. ensuring the continuous operation of infrastructures, hardware and software which are critical for human health and safety, or the safety of the environment;

6. the establishment, operation, maintenance, fuel supply and retreatment and safety of civil nuclear capabilities, and the continuation of design, construction and commissioning required for the completion of civil nuclear facilities, the supply of precursor material for the production of medical radioisotopes and similar medical applications, or critical technology for environmental radiation monitoring, as well as for civil nuclear cooperation, in particular in the field of research and development;

7. the provision of electronic communication services by Union telecommunication operators necessary for the operation, maintenance and security, including cybersecurity, of electronic communication services, in Ukraine, in the Union, between Ukraine and the Union, and for data centre services in the Union.

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 1-h or 1-i within two weeks of the authorisation.

The prohibitions set out in paragraphs 1 to 1-d shall not apply to:

1. public bodies or legal persons, entities or bodies which receive public funding from the Union or Member States, provided that the assistance and services referred to in paragraph 1 are necessary for exclusively humanitarian purposes in the non-government controlled areas of Ukraine referred to in Article 1;

2. 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 assistance and services referred to in paragraph 1 are necessary for exclusively humanitarian purposes in the non-government controlled areas of Ukraine referred to in Article 1;

3. organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate or which are certified or recognised by a Member State in accordance with national procedures, provided that the assistance and services referred to in paragraph 1 are necessary for exclusively humanitarian purposes in the non-government controlled areas of Ukraine referred to in Article 1; or

4. Member States’ specialised agencies, provided that the assistance and services referred to in paragraph 1 are necessary for exclusively humanitarian purposes in the non-government controlled areas of Ukraine referred to in Article 1.

In cases not covered by paragraphs 1 to 1-d, and by way of derogation from paragraph 1, the competent authorities of a Member State may grant general or specific authorisations, under such general and specific terms and conditions as they deem appropriate, for the provision of the assistance and services referred to in paragraph 1 after having determined that such assistance and services are necessary for exclusively humanitarian purposes in the non-government-controlled areas of Ukraine referred to in Article 1.

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