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Council Decision (CFSP) 2024/1484 of 27 May 2024 concerning restrictive measures in view of the situation in Russia

Council Decision (CFSP) 2024/1484 of 27 May 2024 concerning restrictive measures in view of the situation in Russia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

  1. On 4 March 2022, the Russian President Vladimir Putin signed a law that blocks access to Facebook and to Twitter, currently known as X, and imposes prison sentences on those deemed to be spreading false information about Russia’s war of aggression against Ukraine. That law has led to the imprisonment of numerous individuals protesting against, or disseminating information related to, Russia’s war of aggression against Ukraine.

  2. On 17 April 2023, the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’) stated that the Union strongly condemns the sentencing of opposition politician, democracy activist and outspoken Kremlin critic Vladimir Kara-Murza to 25 years in prison on politically motivated charges. The High Representative stated that the ‘trial’ did not meet the international standards of a fair and public hearing by a competent, impartial and independent tribunal, and that the court’s decision clearly demonstrates yet again the political misuse of the judiciary in order to pressure activists, human rights defenders and any voices opposing Russia’s illegal war of aggression against Ukraine.

  3. On 29 October 2023, the High Representative stated that the Union honours the victims of political repression in Russia, and called for the immediate and unconditional release of all political prisoners, including Yuri Dmitriev, Vladimir Kara-Murza, Ilya Yashin, Alexei Gorinov and Ivan Safronov. He also expressed concern over reports of ill-treatment, harassment and physical and psychological torture by Russian prison authorities, and the increasing harassment of human rights lawyers in Russia.

  4. On 30 November 2023, Russia’s Supreme Court outlawed what it called the ‘international LGBT public movement’ as ‘extremist’ and banned its activity on Russian territory. On 1 December 2023, the High Representative stated that the Union strongly condemns that decision, and that that decision aims to further persecute the LGBTIQ community in Russia and to stifle civil society and those courageously defending human rights.

  5. On 19 February 2024, the High Representative issued a statement on behalf of the Union expressing outrage at the death of Russian opposition leader Alexei Navalny and stating that the ultimate responsibility for his death lies with President Putin and the Russian authorities. The High Representative urged Russia to allow an independent and transparent international investigation into the circumstances of Alexei Navalny’s death, and asserted that it is yet another sign of the accelerating and systematic repression in Russia.

  6. On 27 February 2024, the High Representative stated that the Union is appalled by the sentencing of Oleg Orlov, a prominent human rights defender and co-chair of renowned human rights organisation Memorial, to two and a half years in prison on politically motivated charges. The High Representative called on the Russian authorities to immediately and unconditionally release all political prisoners and to abandon their oppressive legislation used to suppress civil society and independent voices, and stated that the Union stands in solidarity with all Russian citizens who have raised their voice and criticised Russia’s war and who have been detained, prosecuted or imprisoned for this.

  7. In its conclusions of 22 March 2024, the European Council called, inter alia, for the immediate and unconditional release of all political prisoners in Russia and an end to the persecution of the political opposition. Furthermore, it called for work to be taken forward in the Council to establish a new sanctions regime in view of the situation in Russia.

  8. In view of the deterioration and gravity of the situation in Russia, restrictive measures should be imposed on natural or legal persons, entities or bodies responsible for serious human rights violations or abuses, for the repression of civil society and democratic opposition, and for undermining democracy and the rule of law in Russia, and on natural or legal persons, entities or bodies associated with them. Therefore, the Council considers that 19 natural persons and 1 legal person should be added to the list of natural and legal persons, entities and bodies set out in the Annex to this Decision.

  9. Furthermore, it is appropriate to introduce restrictions on exporting items which might be used for internal repression, as well as items intended primarily for use in the monitoring or interception of information security and telecommunication.

  10. Further action by the Union is needed in order to implement certain measures,

HAS ADOPTED THIS DECISION:

Article 1

1.

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

  1. are responsible for serious violations or abuses of human rights or for the repression of civil society and democratic opposition, or whose activities otherwise seriously undermine democracy or the rule of law in Russia;

  2. provide financial, technical, or material support for, or are otherwise involved in, the acts set out in point (a), including by planning, directing, ordering, assisting, preparing, facilitating or encouraging such acts;

  3. are associated with the natural persons referred to in point (a) or (b),

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:

  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;

  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.

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 paragraph 3 or 4.

6.

Member States may grant exemptions from the measures imposed under paragraph 1 where entry or transit is justified on the grounds of urgent humanitarian need, or on the 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 and human rights in Russia.

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 the 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 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.

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 natural or legal persons, entities or bodies that:

  1. are responsible for serious violations or abuses of human rights or the repression of civil society and democratic opposition, or whose activities otherwise seriously undermine democracy or the rule of law in Russia;

  2. provide financial, technical, or material support for, or are otherwise involved in, acts set out in point (a), including by planning, directing, ordering, assisting, preparing, facilitating or encouraging such acts;

  3. are associated with the natural or legal persons, entities or bodies referred to in point (a) or (b),

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:

  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; or

  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, in so far 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 within 2 weeks of the authorisation.

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:

  1. 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;

  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 authorisation granted under this paragraph within 2 weeks of the authorisation.

5.

Paragraph 1 shall not prevent a natural or legal person, entity or body listed in the Annex 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 therein, 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:

  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.

7.

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 provision of such funds or economic resources is necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs.

8.

By way of derogation from paragraphs 1 and 2, the competent authorities of the Member States may authorise the release of certain frozen economic resources, after having determined that this is necessary for:

  1. 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;

  2. the provision of electronic communication services by Union telecommunication operators, for the provision of associated facilities and services necessary for the operation, maintenance and security of such electronic communication services, in Russia, in Ukraine, in the Union, between Russia and the Union, and between Ukraine and the Union, and for data centre services in the Union; or

  3. the sale and transfer by 28 August 2024, or within 6 months from the date of listing in the Annex, whichever is latest, of proprietary rights in a legal person, entity or body established in the Union where those proprietary rights are directly or indirectly owned by a natural or legal person, entity or body listed in the Annex, and after having determined that the proceeds of such sale and transfer remain frozen.

9.

In the absence of a negative decision, a request for information or a notification for additional time from the competent authority within 5 working days of the date of receipt of a request for authorisation under paragraph 7, that authorisation shall be considered granted.

10.

The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under this Article within 4 weeks of the authorisation.

Article 3

1.

The Council, acting by unanimity, upon a proposal from a Member State or from 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 and if such communication can be effected, or through the publication of a notice, providing such natural or legal 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 natural or legal 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(1) and 2(1).

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

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

ANNEX