Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

Article 1

For the purposes of this Regulation, the following definitions apply:

• (a) ‘claim’ means any claim, whether asserted by legal proceedings or not, made before or after 17 March 2014, under or in connection with a contract or transaction, and includes in particular:
• (i) a claim for performance of any obligation arising under or in connection with a contract or transaction;
• (ii) a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form;
• (iii) a claim for compensation in respect of a contract or transaction;
• (iv) a counterclaim;
• (v) 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;

• (b) ‘contract or transaction’ means any transaction of whatever form, whatever the applicable law, and 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;

• (c) ‘competent authorities’ means the competent authorities of the Member States as identified on the websites listed in Annex II;

• (d) ‘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;

• (e) ‘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;

• (f) ‘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 any other change that would enable the funds to be used, including portfolio management;

• (g) ‘funds’ means financial assets and benefits of every kind, including, but not limited to:
• (i) cash, cheques, claims on money, drafts, money orders and other payment instruments;
• (ii) deposits with financial institutions or other entities, balances on accounts, debts and debt obligations;
• (iii) publicly- and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts;
• (iv) interest, dividends or other income on or value accruing from or generated by assets;
• (v) credit, right of set-off, guarantees, performance bonds or other financial commitments;
• (vi) letters of credit, bills of lading, bills of sale; and
• (vii) documents showing evidence of an interest in funds or financial resources;

• (h) ‘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;

• (i) ‘owning’ a legal person, entity or body means being in possession of 50 % or more of the proprietary rights of a legal person, entity or body, or having a majority interest therein;

• (j) ‘controlling’ a legal person, entity or body means, but is not limited to:
• (i) having the right or exercising the power to appoint or remove a majority of the members of the administrative, management or supervisory body of a legal person, entity or body;
• (ii) having appointed solely as a result of the exercise of one’s voting rights a majority of the members of the administrative, management or supervisory bodies of a legal person, entity or body who have held office during the present and previous financial year;
• (iii) controlling alone, pursuant to an agreement with other shareholders in or members of a legal person, entity or body, a majority of shareholders’ or members’ voting rights in that legal person, entity or body;
• (iv) having the right to exercise a dominant influence over a legal person, entity or body, pursuant to an agreement entered into with that legal person, entity or body or to a provision in its Memorandum or Articles of Association, where the law governing that legal person, entity or body permits its being subject to such agreement or provision;
• (v) having the power to, de facto, exercise the right to exercise a dominant influence referred to in point (iv), without being the holder of that right;
• (vi) having the right to use all or part of the assets of a legal person, entity or body;
• (vii) managing the business of a legal person, entity or body on a unified basis, while publishing consolidated accounts; or
• (viii) sharing jointly and severally the financial liabilities of a legal person, entity or body, or guaranteeing them.

Article 2

Article 2a

Article 3

• (a) natural persons responsible for, supporting or implementing actions or policies which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, or stability or security in Ukraine, or which obstruct the work of international organisations in Ukraine;

• (b) legal persons, entities or bodies supporting, materially or financially, actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine;

• (c) legal persons, entities or bodies in Crimea or Sevastopol whose ownership has been transferred contrary to Ukrainian law, or legal persons, entities or bodies which have benefited from such a transfer;

• (d) natural or legal persons, entities or bodies supporting, materially or financially, or benefiting from Russian decision-makers responsible for the annexation of Crimea or the destabilisation of Ukraine;

• (e) natural or legal persons, entities or bodies conducting transactions with the separatist groups in the Donbas region of Ukraine;

• (f) natural or legal persons, entities or bodies supporting, materially or financially, or benefitting from the Government of the Russian Federation, which is responsible for the annexation of Crimea and the destabilisation of Ukraine; or

• (g) leading businesspersons operating in Russia and their immediate family members, or other natural persons, benefitting from them, or businesspersons, legal persons, entities or bodies involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation, which is responsible for the annexation of Crimea and the destabilisation of Ukraine;

• (h) natural or legal persons, entities or bodies:
• (i) facilitating infringements of the prohibition against circumvention of the provisions of this Regulation, or of Council Regulations (EU) No 692/2014 ([^E0001]), (EU) No 833/2014 ([^E0002]) or (EU) 2022/263 ([^E0003]) or of Council Decisions 2014/145/CFSP ([^E0004]), 2014/386/CFSP ([^E0005]), 2014/512/CFSP ([^E0006]) or (CFSP) 2022/266 ([^E0007]); or
• (ii) otherwise significantly frustrating those provisions; or

• (i) legal persons, entities or bodies operating in the Russian IT-sector with a license administered by the Federal Security Service of the Russian Federation (FSB) Center for Licensing, Certification, and Protection of State Secrets or a ‘weapons and military equipment’ license administered by the Russian Ministry of Industry and Trade; or

• (j) entities established in Russia, previously owned or controlled by entities established in the Union, ownership or control of which has been compulsorily transferred by the Government of the Russian Federation through laws, regulations, other legislative instruments or other action of a Russian public authority, or natural or legal persons, entities or bodies that have benefitted from such a transfer, and natural persons who have been appointed to the governing bodies of such entities in Russia without the consent of the Union entities which previously owned or controlled them;

• (k) natural or legal persons, entities or bodies that own, control, manage or operate vessels that transport crude oil or petroleum products or mineral products originating in Russia or exported from Russia and practice irregular and high-risk shipping practices as set out in the International Maritime Organisation General Assembly resolution A.1192(33), or that otherwise provide material, technical or financial support to the operations of such vessels;

• (l) natural or legal persons, entities or bodies forming part of, supporting, materially or financially, or benefitting from Russia’s military and industrial complex, including by being involved in the development, production or supply of military technology and equipment; or

• (m) natural or legal persons, entities or bodies that have participated in or enabled transfers of ownership, control or economic benefit of the business interests of leading businesspersons who are subject to Union restrictive measures pursuant to the criterion set out in point (g) of this paragraph and listed in Annex I to this Regulation, thereby significantly frustrating those measures, with the exception of transfers expressly permitted pursuant to derogations and exemptions laid down in this Regulation or Regulation (EU) No 833/2014; or

• (n) natural or legal persons, entities or bodies responsible for, supporting or implementing actions or policies contributing to the deportation, forced transfer, forced assimilation, including indoctrination, or militarised education of Ukrainian minors,

and natural or legal persons, entities or bodies associated with them.

1a. If natural persons listed in Annex I die during the period of application of the restrictive measures, the Council may retain the names of the deceased persons on that list if their delisting would pose a risk of undermining the objectives of Union restrictive measures because of a likelihood that the assets concerned would otherwise be used to finance Russia’s war of aggression against Ukraine or other actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.

1b. Leading businesspersons operating in Russia listed in Annex I pursuant to paragraph 1, point (g), who claim to have transferred ownership, control or economic benefit of their business interests on or after 24 February 2022 shall continue to be considered as leading businesspersons and maintained in the list set out in Annex I, unless sufficient, recent and reliable information demonstrates that they no longer meet the criterion set out in paragraph 1, point (g).

Article 4

• (a) 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 foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

• (b) intended exclusively for payment of reasonable professional fees or reimbursement of incurred expenses associated with the provision of legal services;

• (c) intended exclusively for payment of fees or service charges for routine holding or maintenance of frozen funds or economic resources; or

• (d) necessary for extraordinary expenses, provided that the relevant competent authority has notified the grounds on which it considers that a specific authorisation should be granted to the competent authorities of the other Member States and to the Commission at least two weeks prior to authorisation; or

• (e) to be paid into or from an account belonging to or held by a diplomatic mission, consular post or 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, consular post or international organisation;

• (f) necessary for the needs of state-funded intermediate organisations for the foreign cultural policy of the Member States in Russia;

• (g) necessary for Member States’ historical responsibility programmes or for the support of Member States’ ethnic minorities in Russia.

Article 5

• (a) the funds or economic resources are subject to an arbitral decision rendered prior to the date on which the natural or legal person, entity or body referred to in Article 2 was included 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;

• (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 Annex I; and

• (d) recognition of the decision is not contrary to public policy in the Member State concerned.

Article 5a

Article 5b

Article 5c

Article 6

• (a) the funds or economic resources shall be used for a payment by a natural or legal person, entity or body listed in Annex I; and

• (b) the payment is not in breach of Article 2(2).

Article 6a

1a. By way of derogation from Article 2(2), the competent authorities of a Member State may authorise, under such conditions as they deem appropriate, payments to the entity listed under entry number 265 under heading “B. Entities” in Annex I, for goods and services that can only be provided by that entity and that are necessary for the operation, maintenance or repair of Budapest metro line 3 cars delivered by Metrowagonmash in 2018 and of Sofia metro lines 1, 2 and 4 cars, delivered by Metrowagonmash before 2017.

Article 6b

2a. By way of derogation from Article 2, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources belonging to the entity listed under entry number 108 in Annex I, or the making available of certain funds or economic resources to that entity, under such conditions as the competent authorities deem appropriate and after having determined that such funds or economic resources are necessary for the termination by 22 August 2023, of operations, contracts, or other agreements, including correspondent banking relations, concluded with that entity before 21 July 2022.

2b. By way of derogation from Article 2, the competent authorities of a Member State may, under such conditions as they deem appropriate, authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources to the entity listed under entry number 108 in Annex I, after having determined that the funds or economic resources are necessary for the completion, by 17 June 2023, of an ongoing sale and transfer of proprietary rights directly or indirectly owned by that entity in a legal person, entity or body established in the Union. That deadline does not retroactively validate divestments not compliant with the necessary requirements under this Regulation.

2c. By way of derogation from Article 2, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources belonging to the entities listed under entry numbers 126 and 127 under the heading ‘Entities’ in Annex I, or the making available of certain funds or economic resources to those entities, under such conditions as the competent authorities deem appropriate and after having determined that such funds or economic resources are necessary for the termination by 17 June 2023, of operations, contracts, or other agreements, including correspondent banking relations, concluded with those entities before 16 December 2022.

2d. By way of derogation from Article 2, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources belonging to the entities listed under entry numbers 198, 199 and 200 under the heading ‘Entities’ in Annex I, or the making available of certain funds or economic resources to those entities, under such conditions as the competent authorities deem appropriate and after having determined that such funds or economic resources are necessary for the termination by 26 August 2023 of operations, contracts, or other agreements, including correspondent banking relations, concluded with those entities before 25 February 2023, or, with respect to the entity listed under entry number 198 under the heading ‘Entities’ in Annex I, for transactions for the disbursement of funds by the Jewish Claims Conference to beneficiaries in the Russian Federation by 31 December 2024, irrespective of when the operations, contracts or other agreements were concluded.

• (a) the funds or economic resources are necessary for the sale and transfer by  31 May 2023, or within 6 months from the date of listing in Annex I, 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 Annex I; and,

• (b) the proceeds of such sale and transfer remain frozen.

5a. By way of derogation from Article 2, the competent authorities of the Member States may, under such conditions as they deem appropriate, authorise the release of certain frozen funds or economic resources belonging to the entities listed under entry numbers 82 and 101 under the heading ‘Entities’ in Annex I, or the making available of certain funds or economic resources to those entities, after having determined that:

• (a) such funds or economic resources are necessary for the disposal or the transfer of securities by an entity established in the Union, currently or previously controlled by the entity listed under entry number 82 under the heading ‘Entities’ in Annex I;

• (b) such disposal or transfer is completed by 31 December 2023; and,

• (c) such disposal or transfer is carried out on the basis of operations, contracts or other agreements concluded with, or otherwise involving, the entities listed under entry numbers 82 and 101 under the heading ‘Entities’ in Annex I, before 3 June 2022.

5aa. By way of derogation from Article 2, competent authorities of a Member State may authorise the conversion by 25 December 2023 by nationals or residents of a Member State, or an entity established in the Union, of a depositary receipt with Russian underlying security held with the entity listed under entry number 101 under the heading ‘Entities’ in Annex I for the purpose of selling the underlying security, and the making available of funds linked to the conversion of the depositary receipt and to the sale of the underlying security directly or indirectly to that entity in Russia, under such conditions as the competent authorities deem appropriate and after having determined that:

• (a) the depositary receipt was issued before 3 June 2022;

• (b) the relevant request for authorisation is submitted by 25 September 2023;

• (c) the holder of the depositary receipt is able to demonstrate that such conversion is necessary for the sale of the underlying security;

• (d) the sale of the underlying security is compliant with prohibitions under Regulation No 833/2014, including Articles 5 and 5f; and

• (e) no funds will be made available to any other entity listed in Annex I.

5b. By way of derogation from Article 2, the competent authorities of the Member States may, under such conditions as they deem appropriate, authorise the release of certain frozen funds or economic resources belonging to the entity listed under entry number 190 under the heading ‘Entities’ in Annex I, or the making available of certain funds or economic resources to that entity, after having determined that such funds or economic resources are necessary for the termination by 26 August 2023 of operations, contracts or other agreements concluded with, or otherwise involving, that entity before 25 February 2023.

5c. By way of derogation from Article 2, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources belonging to the natural person listed under entry number 695 under the heading ‘Persons’ in Annex I, or the making available of certain funds or economic resources to this natural person or an entity owned by this natural person, under such conditions as the competent authorities deem appropriate and after having determined that such funds or economic resources are necessary for the completion of transactions, including sales, which are strictly necessary for the wind-down, by 31 August 2023, of a joint venture or similar legal arrangement established in Russia with this natural person or an entity owned by this natural person before 28 February 2022.

5d. By way of derogation from Article 2, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources belonging to, owned, held or controlled by a natural or legal person, entity or body listed in Annex I, or the provision of services to such a natural or legal person, entity or body, under such conditions as they deem appropriate and after having determined that this is strictly necessary for the setting-up, certification or evaluation of a firewall which:

• (a) removes the control by the natural or legal person, entity or body listed in Annex I over the assets of a non-listed legal person, entity or body incorporated or constituted under the law of a Member State and which is owned or controlled by the former; and

• (b) ensures that no further funds or economic resources accrue for the benefit of the listed natural or legal person, entity or body.

5e. By way of derogation from Article 2, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources belonging to the  entities listed under entry numbers 56, 270, 579 and 726 under the heading ‘Entities’ in Annex I, under such conditions as the competent authorities deem appropriate and after having determined that:

• (a) this is necessary to allow a payment due by the  entities listed under entry numbers 56, 270, 579 and 726 under the heading ‘Entities’ in Annex I to be made to an entity established in the Union, in a country member of the European Economic Area, in Switzerland or in a partner country as listed in Annex VIII to Council Regulation (EU) No 833/2014 ([^E0009]), or to a national or resident of a Member State, of a country member of the European Economic Area, of Switzerland or of a partner country as listed in Annex VIII to Regulation (EU) No 833/2014; and

• (b) such payment constitutes the indemnity or benefit provided further to the materialisation of a risk and is not in breach of Article 2(2) of this Regulation.

5ea. By way of derogation from Article 2, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources belonging to natural or legal persons, entities or bodies listed in Annex I pursuant to Article 3(1), point (k), or the making available of certain funds or economic resources to those natural or legal persons, entities or bodies under such conditions as the competent authorities deem appropriate and after having determined that:

• (a) such release or making available of funds or economic resources is necessary to allow a payment due by those natural or legal persons, entities or bodies listed in Annex I pursuant to Article 3(1), point (k) or by an insurance provider as a result of a risk for which those natural or legal persons, entities or bodies listed in Annex I pursuant to Article 3(1), point (k) are liable, to be made to an entity established in the Union, in a country member of the European Economic Area, in Switzerland or in a partner country as listed in Annex VIII to Regulation (EU) No 833/2014, or to a national or resident of a Member State, of a country member of the European Economic Area, of Switzerland or of a partner country as listed in Annex VIII to Regulation (EU) No 833/2014 and not listed in Annex I; and

• (b) such payment constitutes the indemnity or benefit provided further to the materialisation of a risk for which those natural or legal persons, entities or bodies listed in Annex I pursuant to Article 3(1), point (k) are liable.

5f. By way of derogation from Article 2 of this Regulation, the competent authorities of a Member State may, under such conditions as they deem appropriate, authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources to the individuals listed under entry numbers 92, 694, 719, 721, 881 and 920 under the heading ‘Persons’ in Annex I, after having determined that:

• (a) the funds or economic resources are necessary for the sale and transfer by 30 June 2025 of proprietary rights directly or indirectly owned by one of those individuals in a legal person, entity or body established in the Union; and

• (b) the proceeds of such sale and transfer are frozen.

5g. By way of derogation from Article 2, the competent authorities of a Member State may, under such conditions as they deem appropriate, authorise the release of certain frozen funds or economic resources belonging to the entity listed under entry number 333 under the heading ‘Entities’ in Annex I, or the making available of certain funds or economic resources to that entity, after having determined that such funds or economic resources are necessary for the termination by 20 June 2024 of contracts concluded with that entity before 19 December 2023.

5h. By way of derogation from Article 2 of this Regulation, and provided that the funds concerned were frozen as a result of the involvement of a legal person, entity or body listed in Annex I to this Regulation, or of a legal person owned or controlled by a legal person, entity or body listed in that Annex, acting as intermediary bank during a transfer of those funds to the Union from the Russian Federation, from a third country or from the Union, the competent authorities of a Member State may, under such conditions as they deem appropriate, authorise the release of certain frozen funds, after having determined that the transfer of such funds is:

• (a) between two natural or legal persons, entities or bodies that are not listed in Annex I to this Regulation;

• (b) carried out using accounts at credit institutions that are not listed in Annex I to this Regulation; and

• (c) not in breach of Article 2(2) or Article 9 of this Regulation.

This paragraph shall not apply in relation to frozen funds or economic resources held by Central securities depositories within the meaning of Regulation (EU) No 909/2014.

5i. By way of derogation from Article 2 of this Regulation, and provided that the payment concerned was frozen as a result of a transfer to the Union from the Russian Federation, from a third country or from the Union, initiated through or from a legal person, entity or body listed in Annex I to this Regulation, or through or from a legal person owned or controlled by a legal person, entity or body listed in that Annex, the competent authorities of a Member State may, under such conditions as they deem appropriate, authorise the release of that frozen payment, after having determined that the transfer of that payment is:

• (a) between two natural or legal persons, entities or bodies that are not listed in Annex I to this Regulation; and

• (b) not in breach of Article 2(2) or Article 9 of this Regulation.

This paragraph shall not apply in relation to frozen funds or economic resources held by Central securities depositories within the meaning of Regulation (EU) No 909/2014.

The beneficiaries of a transfer as referred to in the first subparagraph of this paragraph shall only be nationals of a Member State, of a country member of the European Economic Area or of Switzerland, or natural persons having a temporary or permanent residence permit in a Member State, in a country member of the European Economic Area or in Switzerland.

One authorisation per applicant may be granted under this paragraph.

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

5j. By way of derogation from Article 2 of this Regulation, the competent authorities of a Member State may, under such conditions as they deem appropriate, authorise the release of cash balances frozen by a central securities depository within the meaning of Regulation (EU) No 909/2014 and attributable to the entity listed under entry number 101 under the heading ‘Entities’ in Annex I to this Regulation or to another entity listed under that heading, after having determined that:

• (a) the central securities depository concerned maintains an account or accounts with the entity listed under entry number 101 under the heading ‘Entities’ in Annex I to this Regulation;

• (b) the entity listed under entry number 101 under the heading ‘Entities’ in Annex I to this Regulation or another entity listed under that heading maintains an account or accounts with the central securities depository holding the cash balance to be released;

• (c) the entity listed under entry number 101 under the heading ‘Entities’ in Annex I to this Regulation has debited an amount from the account or the accounts referred to in point (a) of this paragraph, pursuant to a law, decree, regulation, judicial or administrative decision or any other measure, directly or indirectly attributable to the Russian Federation, without the prior consent of the central securities depository concerned;

• (d) the released cash balance is to be used by the central securities depository concerned to meet its legal obligations towards its participants and does not exceed the debited amount referred to in point (c) of this paragraph; and

• (e) the released cash balance is not made available in breach of Article 2(2).

5k. By way of derogation from Article 2, the competent authorities of a Member State may authorise the release of certain frozen funds belonging to the entity listed under entry number 639 under the heading ‘Entities’ in Annex I to this Regulation, or the making available of certain economic resources to that entity, under such conditions as they deem appropriate after having determined that such funds and economic resources are strictly necessary to facilitate a significant reduction in the intake of, or reliance on, the import of Russian crude oil and provided that the release of funds or making available of economic resources is completed before 24 October 2026.

5l. By way of derogation from Article 2, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources belonging to the entity listed under entry number 692 under the heading ‘Entities’ in Annex I to this Regulation, or the making available of certain funds or economic resources to that entity, under such conditions as they deem appropriate and after having determined that such funds or economic resources are strictly necessary for:

• (a) the termination by 31 December 2026, of operations, contracts or other agreements concluded with the entity listed under entry number 692 before 23 April 2026 and provided that the release or making available of funds or economic resources is completed by 31 December 2026; or

• (b) industry purchases of critical components manufactured by and for corresponding payments to that entity with a view to enabling a transition towards alternative sources of supply provided that the release or making available of funds or economic resources is completed by 16 March 2027.

5m. By way of derogation from Article 2, the competent authorities of the Member States may, under such conditions as they deem appropriate, authorise:

• (a) the disposal or transfer of shares, participations or other equity instruments by a credit institution established in the Union to an entity established in the Union that is, prior to such transfer, minority-owned directly or indirectly, individually or jointly, by one or both of the individuals listed under entries number 674 and 675 under the heading “Persons” in Annex I, where the transfer would result in an increase of the shareholdings of one or both those individuals in that entity after having determined that such disposal or transfer is carried out on the basis of a put option right contractually agreed and duly exercised prior to 28 February 2022, but not yet effected as at the date of entry into force of this derogation, provided that any shares or participations of those individuals, including those due to an increase of their shareholdings following the transfer, are frozen;

• (b) the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources belonging to, owned, held or controlled, directly or indirectly, individually or jointly, by one or both of the individuals listed under entries 674 and 675 under the heading “Persons” in Annex I, or by any entity directly or indirectly owned, controlled or participated by those individuals, or funds or economic resources owned, held or controlled by such individuals in entities or credit institutions listed (under the entries 198 or 270) under the heading “Entities” in Annex I after having determined that:
• (i) such release or making available of funds or economic resources is carried out for the sole purpose of enabling the counterparty to discharge its payment obligation owed to a credit institution established in the Union pursuant to a put option right contractually agreed and duly exercised prior to 28 February 2022, but not yet effected as at the date of entry into force of this derogation;
• (ii) the funds or economic resources released or made available are transferred directly to the credit institution established in the Union in satisfaction of such contractual obligation; and
• (iii) the credit institution established in the Union to which the consideration is paid is not a person, entity or body listed in Annex I.

Article 6c

Article 2 shall not apply to funds or economic resources that are strictly necessary for 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.

Article 6d

• (a) the release of such economic resources is necessary for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment; and

• (b) the proceeds resulting from the release of such economic resources are frozen.

Article 6e

1a. By way of derogation from Article 2, the competent authorities of a Member State, based on a specific and case-by-case assessment, may authorise, for each relevant transaction separately, the release of certain frozen funds or economic resources belonging to natural persons listed in Annex I who held a significant role in international trade in agricultural and food products, including wheat and fertilisers, prior to their listing, or the making available of certain funds or economic resources to those persons, under such conditions as the competent authorities deem appropriate and after having determined that such funds or resources are necessary for the sale, supply, transfer or export of agricultural and food products, including wheat and fertilisers, to third countries in order to address food security.

Article 6f

Article 2 shall not apply to funds or economic resources that are needed for the provision of pilot services which are necessary for reasons of maritime safety.

Article 6g

Article 6h

Article 7

• (a) interest or other earnings on those accounts;

• (b) 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 has been included in Annex I; or

• (c) 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

• (a) supply immediately any information which would facilitate implementation of this Regulation, such as:
• — information on funds and economic resources frozen in accordance with Article 2 or information held about funds and economic resources within Union territory belonging to, owned, held or controlled by natural or legal persons, entities or bodies listed in Annex I and which have not been treated as frozen by the natural and legal persons, entities and bodies obliged to do so, to the competent authority of the Member State where they are resident or located, within two weeks of acquiring this information;
• — information held on funds and economic resources within Union territory belonging to, owned, held or controlled by natural or legal persons, entities or bodies listed in Annex I and which have been subject to any move, transfer, alteration, use of, access to, or dealing referred to in Article 1(e) or 1(f) in the two weeks preceding the listing of those natural or legal persons, entities or bodies in Annex I, to the competent authority of the Member State where they are resident or located, within two weeks of acquiring this information; and,

• (b) cooperate with the competent authority in any verification of such information.

The obligation in the first subparagraph shall apply subject to national or other applicable rules regarding the confidentiality of information held by judicial authorities.

For the purposes of the first subparagraph, the confidentiality of communications between lawyers and their clients shall include the confidentiality of communications relating to legal advice provided by other certified professionals who are authorised under national law to represent their clients in judicial proceedings, insofar as such legal advice is provided in connection with pending or prospective judicial proceedings.

1a. The information on funds and economic resources frozen in accordance with Article 2 supplied under paragraph 1 of this Article shall include at least the following:

• (a) information identifying the natural or legal persons, entities or bodies owning, holding or controlling the frozen funds and economic resources, including their name, address and VAT registration or tax identification number;

• (b) the amount or market value of such funds or economic resources at the date of reporting and at the date of freezing; and,

• (c) the types of funds, broken down according to the categories set out in points (i) to (vii) of Article 1(g) as well as crypto-assets and other relevant categories, and an additional category corresponding to economic resources within the meaning of Article 1(d). For each of those categories and where available, the quantity, location and other relevant features of the funds or economic resources.

1b. The Member State concerned shall transmit to the Commission the information received pursuant to paragraphs 1 and 1a within two weeks of receiving it. The Member State concerned may transmit such information in an anonymised form if an investigating or judicial authority has declared it to be confidential in the context of pending criminal investigations or criminal judicial proceedings.

Central securities depositories within the meaning of Regulation (EU) No 909/2014 of the European Parliament and of the Council ([^E0010]) shall provide the information referred to in paragraphs 1and 1a, and information on extraordinary and unforeseen loss and damage concerning the relevant funds and economic resources, to the competent authority of the Member State where they are located, within two weeks of acquiring it and every three months thereafter, and transmit it simultaneously to the Commission.

1c. Member States, as well as the relevant natural and legal persons, entities and bodies, shall cooperate with the Commission in any verification of the information concerning the funds or economic resources referred to in paragraphs 1 and 1a. The Commission may request any additional information it requires to carry out such verification. When such a request is addressed to a natural or legal person, entity or body, the Commission shall simultaneously transmit it to the Member State concerned.

1d. Member States shall designate by 31 October 2024 the national authorities competent to identify and trace, where appropriate, the funds and economic resources belonging to, or owned, held or controlled by, any natural or legal persons, entities or bodies listed in Annex I and that are located in their jurisdiction, with a view to preventing or detecting instances of a breach or circumvention, or attempts at a breach or circumvention, of the prohibitions set out in this Regulation.

3a. The Commission may, in consultation with the Member States and on the basis of reciprocity, exchange with the competent authorities of a partner country as listed in Annex VIII to Regulation (EU) No 833/2014 information concerning third-country trade, transactions and operators for the purpose of preventing circumvention of the prohibitions set out in this Regulation, to the extent that it is relevant and necessary for the effective implementation of this Regulation. Where that information contains personal data, the exchange shall be done under the conditions set out in Chapter V of Regulation (EU) 2018/1725 of the European Parliament and of the Council ([^E0011]).

If, on an exceptional basis, the information referred to in the first subparagraph relates to an operator established in a Member State, the Commission shall obtain the agreement of the competent authorities of the Member States concerned before any exchange of that information.

Article 8a

Article 9

• (a) report before 1 September 2022 or within 6 weeks from the date of listing in Annex I, whichever is latest, funds or economic resources within the jurisdiction of a Member State belonging to, owned, held or controlled by them, to the competent authority of the Member State where those funds or economic resources are located; and

• (b) cooperate with the competent authority in any verification of such information.

Article 10

Article 11

• (a) designated natural or legal persons, entities or bodies listed in Annex I;

• (b) any natural or legal person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in point (a);

• (c) any natural person of a third country or any legal person, entity or body established in a third country, with the exception of partner countries listed in Annex VIII of Council Regulation (EU) No 833/2014, making available funds or economic resources the making available of which is prohibited under this Regulation, to the persons, entities or bodies referred to in points (a) or (b) of this paragraph.

Article 11a

Article 11b

Where no court of a Member State has jurisdiction pursuant to other provisions of Union law or of the law of a Member State, a court of a Member State may, on an exceptional basis, hear a claim for damages brought pursuant to Article 11a, provided that the case has a sufficient connection with the Member State of the court seised.

Article 11c

No injunction, order, relief, judgment or other court or administrative decision pursuant to or derived from Article 248.1 or Article 248.2 of the Arbitration Procedure Code of the Russian Federation or equivalent Russian legislation, or given by a Russian court or authority pursuant to any other Russian law, holding a person referred to in Article 17, points (c) or (d), liable, whether in contract or in tort or on any other legal basis, or giving effect, directly or indirectly, to any claim, right or alleged obligation against such person, including in the context of insolvency, bankruptcy, restructuring or analogous proceedings, 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, shall be recognised, given effect or enforced in a Member State.

Article 12

• (a) in respect of funds and economic resources frozen under Article 2 and authorisations granted under the derogations set out in this Regulation;

• (b) in respect of violation and enforcement problems, penalties applied for infringements of the provisions of this Regulation and judgments handed down by national courts;

• (c) in respect of detected instances of breach, circumvention and attempts at breach or circumvention of the prohibitions set out in this Regulation, including through the use of crypto-assets.