Council Decision (CFSP) 2023/2871 of 18 December 2023 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

‘6a Member States may grant exemptions from the measures imposed under paragraph 1 where entry into, or transit through, their territories is necessary for the conduct of a judicial process, including surrender and extradition procedures.’

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

‘1a If natural persons listed in the Annex 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.’

‘4a By way of derogation from paragraphs 1 and 2, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, after having determined that a judicial or administrative authority of a Member State has adopted a decision, under the conditions provided by law, to deprive in the public interest a natural or legal person, entity or body listed in the Annex of funds or economic resources belonging to, owned by or controlled by such person, entity or body, provided that compensation paid for such deprivation of funds or economic resources is frozen. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph.

4b By way of derogation from paragraphs 1 and 2, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources belonging to the natural or legal persons, entities or bodies listed in the Annex pursuant to Article 2(1), point (j), or the making available of certain funds or economic resources to those natural or legal persons, entities or bodies, under such conditions as they deem appropriate, after having determined that those funds or economic resources are necessary for the sale or use of shares in, or assets of, legal persons, entities or bodies established in Russia listed in the Annex pursuant to Article 2(1), point (j), in order to enable the payment of the consideration agreed by the parties or for the compensation decided by a judicial or administrative authority or established by law in the context of the compulsory transfer of ownership or control by the Government of the Russian Federation. 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 of the European Parliament and of the Council . The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph.

‘17 By way of derogation from paragraphs 1 and 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 53, 54, 55, 79, 80, 81, 82, 108, 126, 127, 198, 199, 200, 214, 215 and 270 under the heading ‘Entities’ in the Annex, 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 purchase, import or transport of agricultural and food products, including wheat and fertilisers.’

‘21 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 belonging to the entities listed under entry numbers 198, 199 and 200 under the heading ‘Entities’ in the Annex, 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 the Annex, 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. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph within two weeks of granting the authorisation.’

‘27 Paragraphs 1 and 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.’

‘28 By way of derogation from paragraphs 1 and 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 270 under the heading ‘Entities’ in the Annex, under such conditions as the competent authorities deem appropriate and after having determined that: a) such authorisation is necessary to allow a payment due by the entity listed under entry number 270 under the heading ‘Entities’ in the Annex 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 VII to Decision 2014/512/CFSP, 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 VII to Decision 2014/512/CFSP; 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 Decision.

29 By way of derogation from paragraphs 1 and 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 individuals listed under entry numbers 92, 674, 675, 694, 880, 882, 909 and 920 under the heading ‘Persons’ in the Annex and the entities listed under entry numbers 38 and 39 under the heading ‘Entities’ in the Annex, after having determined that: a) the funds or economic resources are necessary for the sale and transfer by 30 June 2024 of proprietary rights directly or indirectly owned by one of those individuals or entities in a legal person, entity or body established in the Union; and b) the proceeds of such sale and transfer are frozen.

30 By way of derogation from paragraphs 1 and 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 the Annex, 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 19 June 2024 of contracts concluded with that entity before 18 December 2023.’

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 the Annex 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 Decision and in Regulation (EU) No 269/2014.’

This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.