Council Decision (CFSP) 2024/2643 of 8 October 2024 concerning restrictive measures in view of Russia’s destabilising activities

Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of natural persons, as listed in Annex I, who are:

1. responsible for, implementing, supporting, benefitting from, involved in or facilitating actions or policies attributable to the Government of the Russian Federation which undermine or threaten democracy, the rule of law, stability or security in the Union or in one or several of its Member States, in an international organisation or in a third country, or which undermine or threaten the sovereignty or independence of one or several of its Member States, or of a third country, through the following actions:

   1. planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating the obstruction or undermining of the democratic political process or public order and safety, including by obstructing or undermining the holding of elections or attempting to destabilise or overthrow the constitutional order;

   2. planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating violent demonstrations;

   3. planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating acts of physical or non-physical violence, including activities to silence, intimidate, coerce, or exact reprisals against persons critical of the actions or policies of the Russian Federation;

   4. planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating the use of information manipulation and interference;

   5. planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating any actions targeted at the functioning of democratic institutions, economic activities or services of public interest, including by unauthorised entry into the territory of a Member State, including its airspace, or aimed at interfering with, damaging or destroying, including through sabotage or malicious cyber activities as part of hybrid activities, critical infrastructure, including submarine infrastructure;

   6. planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating the instrumentalisation of migrants as referred to in Article 1(4), point (b), of Regulation (EU) 2024/1359;

   7. exploiting an armed conflict, instability or insecurity, including through the illicit exploitation of, or trade in, natural resources and wildlife in a third country;

   8. instigating, supporting or otherwise facilitating a violent conflict in a third country;

2. associated with the natural persons listed under point (a);

3. supporting the natural persons engaged in activities referred to in point (a).

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

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

1. as a host country to an international intergovernmental organisation;

2. as a host country to an international conference convened by, or under the auspices of the United Nations (UN);

3. under a multilateral agreement conferring privileges and immunities; or

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

Paragraph 3 shall also apply where a Member State is host country to the Organisation for Security and Cooperation in Europe (OSCE).

The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraph 3 or 4.

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 those 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 those measures.

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, including surrender and extradition procedures.

A Member State wishing to grant the exemptions referred to in paragraph 6 or 7 shall notify the Council in writing. An exemption shall be deemed to be granted unless one or more of the Council members raises an objection in writing within 2 working days of receiving notification of the proposed exemption. Should one or more of the Council members raise an objection, the Council, acting by qualified majority, may decide to grant the proposed exemption.

Where, pursuant to paragraph 3, 4, 6, 7 or 8, a Member State authorises the entry into, or transit through its territory of a person listed in the Annex, that authorisation shall be limited to the purpose for which it is given to the person concerned therewith.

All funds and economic resources belonging to, owned, held or controlled by natural or legal persons, entities or bodies that are:

1. responsible for, implementing, supporting, benefitting from, involved in or facilitating actions or policies attributable to the Government of the Russian Federation which undermine or threaten democracy, the rule of law, stability or security in the Union or in one or several of its Member States, in an international organisation or in a third country, or which undermine or threaten the sovereignty or independence of one or several of its Member States, or of a third country, through the following actions:

   1. planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating the obstruction or undermining of the democratic political process or public order and safety, including by obstructing or undermining the holding of elections or attempting to destabilise or overthrow the constitutional order;

   2. planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating violent demonstrations;

   3. planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating acts of physical or non-physical violence, including activities to silence, intimidate, coerce, or exact reprisals against persons critical of the actions or policies of the Russian Federation;

   4. planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating the use of information manipulation and interference;

   5. planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating any actions targeted at the functioning of democratic institutions, economic activities or services of public interest, including by unauthorised entry into the territory of a Member State, including its airspace, or aimed at interfering with, damaging or destroying, including through sabotage or malicious cyber activities as part of hybrid activities, critical infrastructure, including submarine infrastructure;

   6. planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating the instrumentalisation of migrants as referred to in Article 1(4), point (b), of Regulation (EU) 2024/1359;

   7. exploiting an armed conflict, instability or insecurity, including through the illicit exploitation of, or trade in, natural resources and wildlife in a third country;

   8. instigating, supporting or otherwise facilitating a violent conflict in a third country;

2. associated with the natural or legal persons, entities or bodies listed under point (a);

3. supporting the natural or legal persons, entities or bodies engaged in activities referred to in point (a), as listed in Annex I, shall be frozen.

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.

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:

1. 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;

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

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

4. 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 2 weeks prior to the authorisation;

5. 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;

6. necessary for the functioning of diplomatic and consular representations of the Union and of the Member States or partner countries in Russia, including delegations, embassies and missions, or international organisations in Russia enjoying immunities in accordance with international law; or

7. necessary for the provision of electronic communication services by Union telecommunication operators, and for the provision of associated facilities and services necessary for the operation, maintenance and security of such electronic communication services.

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 3 within 2 weeks of that authorisation.

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:

1. 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;

2. 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;

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

4. 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 paragraph 5 within 2 weeks of that authorisation.

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.

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

1. interest or other earnings on those accounts;

2. 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

3. 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.