(a) "claim" means any claim, whether asserted by legal proceedings or not, made before or after 6 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 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; (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 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.
Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine
Modified by
- Council Implementing Regulation (EU) No 381/2014of 14 April 2014implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, 32014R0381, April 15, 2014
- Council Regulation (EU) 2015/138of 29 January 2015amending Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, 32015R0138, January 30, 2015
- Council Implementing Regulation (EU) 2015/357of 5 March 2015implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, 32015R0357, March 6, 2015
- Council Implementing Regulation (EU) 2015/869of 5 June 2015implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, 32015R0869, June 6, 2015
- Council Implementing Regulation (EU) 2015/1777of 5 October 2015implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, 32015R1777, October 6, 2015
- Council Implementing Regulation (EU) 2016/311of 4 March 2016implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, 32016R0311, March 5, 2016
- Council Implementing Regulation (EU) 2017/374of 3 March 2017implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, 32017R0374, March 4, 2017
- Council Implementing Regulation (EU) 2018/326of 5 March 2018implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, 32018R0326, March 6, 2018
- Council Implementing Regulation (EU) 2019/352of 4 March 2019implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in UkraineCorrigendum to Council Implementing Regulation (EU) 2019/352 of 4 March 2019 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine(Official Journal of the European Union L 64 of 5 March 2019), 32019R035232019R0352R(01), March 5, 2019
- Commission Implementing Regulation (EU) 2019/1163of 5 July 2019amending and setting out a single list for the Annexes containing contact details of Member States competent authorities and address for notifications to the European Commission to certain Regulations concerning restrictive measures, 32019R1163, July 8, 2019
- Council Implementing Regulation (EU) 2020/370of 5 March 2020implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, 32020R0370, March 6, 2020
Corrected by
- Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, 32014R0208R(02), March 11, 2014
- Corrigendum to Council Implementing Regulation (EU) 2019/352 of 4 March 2019 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine, 32019R0352R(01), March 28, 2019
(a) for the misappropriation of Ukrainian public funds or assets or being an accomplice thereto; or (b) for abuse of office as a public office-holder in order to procure an unjustified advantage for him- or herself or for a third party and thereby causing a loss to Ukrainian public funds or assets, or being an accomplice thereto.
(a) necessary to satisfy the basic needs of the 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.
(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.
(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).
(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,
(a) supply immediately any information which would facilitate compliance with this Regulation, such as information on accounts and amounts frozen in accordance with Article 2, to the competent authority of the Member State where they are resident or located, and shall transmit such information, directly or through the Member State, to the Commission; and (b) cooperate with the competent authority in any verification of such information.
(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).
(a) in respect of funds frozen under Article 2 and authorisations granted under Articles 4, 5 and 6; (b) in respect of violation and enforcement problems and judgments handed down by national courts.
(a) within the territory of the Union, including its airspace; (b) on board any aircraft or any vessel under the jurisdiction of a Member State; (c) to any person inside or outside the territory of the Union who is a national of a Member State; (d) 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; (e) to any legal person, entity or body in respect of any business done in whole or in part within the Union.
Name | Identifying information | Statement of reasons | Date of listing | |
---|---|---|---|---|
1. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. | ||
2. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and in connection with the misuse of office by a public office-holder to procure an unjustified advantage for himself or a third party thereby causing a loss to the Ukrainian public budget or assets. | ||
3. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. | ||
4. | born on | Person subject to criminal proceedings by the Ukrainian authorities for involvement in the misappropriation of public funds or assets and in connection with the misuse of office by a public office-holder to procure an unjustified advantage for herself or a third party thereby causing a loss to the Ukrainian public budget or assets. | ||
5. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and in connection with the misuse of office by a public office-holder to procure an unjustified advantage for himself or a third party thereby causing a loss to the Ukrainian public budget or assets. | ||
6. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for being an accomplice thereto. | ||
7. | Oleksandr Viktorovych Yanukovych (Олександр Вiкторович Янукович) | Born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for being an accomplice thereto. | |
8. | born on | Person subject to investigations by the Ukrainian authorities for the misappropriation of public funds or assets. Person associated with a designated person (former President of Ukraine, Viktor Fedorovych Yanukovych) subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. | ||
9. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for being an accomplice thereto. | ||
10. | born on | Person subject to criminal proceedings by the Ukrainian authorities for involvement in the misappropriation of public funds or assets. Person associated with a designated person (Andrii Petrovych Kliuiev) subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. | ||
11. | Born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for being an accomplice thereto. | ||
12. | Serhiy Vitalyovych Kurchenko (Сергiй Вiталiйович Курченко) | Born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for the abuse of office in order to procure an unjustified advantage for himself or for a third party and thereby causing a loss to Ukrainian public funds or assets. | |
13. | born on | Person subject to criminal proceedings by the Ukrainian authorities for involvement in the misappropriation of public funds or assets. | ||
14. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. | ||
15. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. | ||
16. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. | ||
17. | born on | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets and for the abuse of office by a public office-holder in order to procure an unjustified advantage for himself or for a third party and thereby causing a loss to Ukrainian public funds or assets. | ||
18. | Person subject to criminal proceedings by the Ukrainian authorities for the misappropriation of public funds or assets. |
1. Viktor Fedorovych Yanukovych The criminal proceedings relating to the misappropriation of public funds or assets are still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection of Mr Yanukovych were respected in the criminal proceedings on which the Council relied. This is demonstrated in particular by letters of 26 September 2014 and8 October 2014 concerning the sending of the written notification of suspicion, information that permission for a special pre-trial investigationin absentia was granted on27 July 2015 , a number of Court decisions relating to the seizure of property and by the fact that the decision of27 September 2017 to suspend the criminal proceedings was open to appeal. The Council also has evidence on its file that a recent motion of the defence was granted on30 September 2019 .2. Vitalii Yuriyovych Zakharchenko The criminal proceedings relating to the misappropriation of public funds or assets are still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection of Mr Zakharchenko were respected in the criminal proceedings on which the Council relied. This is demonstrated in particular by the decisions of the investigating judge of 21 May 2018 and of23 November 2018 granting permission to detain Mr Zakharchenko with the purpose of bringing him to the Court to participate in hearing the petition for the application of detention in custody. Moreover, the decision of19 February 2019 on the suspension of the pre-trial investigation was open to appeal.3. Viktor Pavlovych Pshonka The criminal proceedings relating to the misappropriation of public funds or assets are still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection of Mr Pshonka were respected in the criminal proceedings on which the Council relied. This is demonstrated in particular by the fact that a written notification of suspicion was delivered on 22 December 2014 , by the fact that the decision of16 June 2017 to suspend the criminal proceedings was open to appeal and by the decisions of the investigating judge of12 March 2018 ,13 August 2018 and5 September 2019 granting permission to detain Mr Pshonka with the purpose of bringing him to the Court to participate in hearing the petition for the application of detention in custody.6. Viktor Ivanovych Ratushniak The criminal proceedings relating to the misappropriation of public funds or assets are still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection of Mr Ratushniak were respected in the criminal proceedings on which the Council relied. This is demonstrated in particular by the decisions of the investigating judge of 21 May 2018 and of23 November 2018 granting permission to detain Mr Ratushniak with the purpose of bringing him to the Court to participate in hearing the petition for the application of detention in custody. Moreover, the decision of19 February 2019 on the suspension of the pre-trial investigation was open to appeal.7. Oleksandr Viktorovych Yanukovych The criminal proceedings relating to the misappropriation of public funds or assets are still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection of Mr Yanukovych were respected in the criminal proceedings on which the Council relied. This is demonstrated in particular by a number of Court decisions relating to the seizure of property and by the decision of the investigating judge of 27 June 2018 cancelling the resolution of the prosecution refusing to grant the motion of defence for closing the investigation.9. Artem Viktorovych Pshonka The criminal proceedings relating to the misappropriation of public funds or assets are still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection of Mr Pshonka were respected in the criminal proceedings on which the Council relied. This is demonstrated in particular by the fact that a written notification of suspicion was delivered on 29 December 2014 , by the fact that the decision of16 June 2017 to suspend the criminal proceedings was open to appeal and by the decisions of the investigating judge of12 March 2018 ,13 August 2018 and5 September 2019 granting permission to detain Mr Pshonka with the purpose of bringing him to the Court to participate in hearing the petition for the application of detention in custody.12. Serhiy Vitalyovych Kurchenko The criminal proceedings relating to the misappropriation of public funds or assets are still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection of Mr Kurchenko were respected in the criminal proceedings on which the Council relied. This is demonstrated in particular by the decision of the investigating judge of 7 March 2018 granting permission for a special investigationin absentia . Moreover, the defence was notified about the completion of the pre-trial investigation on28 March 2019 and was provided access to the materials for familiarisation.13. Dmytro Volodymyrovych Tabachnyk The criminal proceedings relating to the misappropriation of public funds or assets are still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection of Mr Tabachnyk were respected in the criminal proceedings on which the Council relied. This is demonstrated in particular by the decision of the investigating judge of 8 May 2018 granting permission to detain Mr Tabachnyk with the purpose of bringing him to the Court to participate in hearing the petition for the application of detention in custody.15. Serhiy Hennadiyovych Arbuzov The criminal proceedings relating to the misappropriation of public funds or assets are still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection of Mr Arbuzov were respected in the criminal proceedings on which the Council relied. This is demonstrated in particular by a letter of 24 April 2017 concerning the sending of the written notification of suspicion, the decisions of the investigating judge of19 December 2018 ,18 March 2019 and29 July 2019 granting the motion of the defence against inaction by the Prosecutor General’s Office, the decision of the investigating judge of10 August 2017 granting permission for a special investigationin absentia and by the decisions of the investigating judge of4 November 2019 and5 November 2019 refusing the motions of the defence to set a deadline for completing the pre-trial investigation.17. Oleksandr Viktorovych Klymenko The criminal proceedings relating to the misappropriation of public funds or assets are still ongoing. The information on the Council’s file shows that the rights of defence and the right to effective judicial protection of Mr Klymenko were respected in the criminal proceedings on which the Council relied. This is demonstrated in particular by the decisions of the investigating judge of 1 March 2017 and5 October 2018 granting permission for a special investigationin absentia , the decisions of the investigating judge of8 February 2017 and19 August 2019 granting a preventive measure in the form of detention in custody, and the ongoing process of familiarisation with the materials of the criminal proceedings by the defence.
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