Council Decision (CFSP) 2023/2874 of 18 December 2023 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

‘6 It shall be prohibited to directly or indirectly make or be part of any arrangement to make: (i) new loans or credit with a maturity exceeding 30 days to any legal person, entity or body referred to in paragraph 1 or 3, after 12 September 2014 to 26 February 2022; or (ii) any new loans or credit to any legal person, entity or body referred to in paragraph 1, 2, 3 or 4 after 26 February 2022. The prohibition shall not apply to: (a) loans or credit that have a specific and documented objective to provide financing for non-prohibited imports or exports of goods and non-financial services between the Union and any third State, including the expenditure for goods and services from another third State that is necessary for executing the export or import contracts, provided that the national competent authority has been notified within three months of the date of the loan or credit; or (b) loans that have a specific and documented objective to provide emergency funding to meet solvency and liquidity criteria for legal persons established in the Union, whose proprietary rights are owned for more than 50 % by any entity referred to in Annex I, provided that the national competent authority has been notified within three months of the date of the loan or credit.

7 The prohibition in paragraph 6 shall not apply to drawdown or disbursements made under a contract concluded before 26 February 2022, provided that the following conditions are met: (a) all the terms and conditions of such drawdown or disbursements: (i) were agreed before 26 February 2022; and (ii) have not been modified on or after that date; (b) before 26 February 2022, a contractual maturity date has been fixed for the repayment in full of all funds made available and for the cancellation of all the commitments, rights and obligations under the contract; (c) at the time of its conclusion the contract was not in breach of the prohibitions in this Decision in force at that time; and (d) the national competent authority has been notified within three months of the date of the drawdown or disbursements. The terms and conditions of drawdowns and disbursements referred to in point (a) include provisions concerning the length of the repayment period for each drawdown or disbursement, the interest rate applied or the interest rate calculation method, and the maximum amount.’

‘2 It shall be prohibited to directly or indirectly make or be part of any arrangement to make any new loans or credit to any legal person, entity or body referred to in paragraph 1 after 23 February 2022. The prohibition shall not apply to loans or credit that have a specific and documented objective to provide financing for non-prohibited imports or exports of goods and non-financial services between the Union and any third State, including the expenditure for goods and services from another third State that is necessary for executing the export or import contracts, provided that the national competent authority has been notified within three months of the date of the loan or credit.

3 The prohibition in paragraph 2 shall not apply to drawdown or disbursements made under a contract concluded before 23 February 2022 provided that the following conditions are met: (a) all the terms and conditions of such drawdown or disbursements: (i) were agreed before 23 February 2022; and (ii) have not been modified on or after that date; (b) before 23 February 2022 a contractual maturity date has been fixed for the repayment in full of all funds made available and for the cancellation of all the commitments, rights and obligations under the contract; and (c) the national competent authority has been notified within three months of the date of the drawdown or disbursements. The terms and conditions of drawdowns and disbursements referred to in point (a) include provisions concerning the length of the repayment period for each drawdown or disbursement, the interest rate applied or the interest rate calculation method, and the maximum amount.’

‘3a By way of derogation from paragraph 1, the competent authorities may authorise, under such conditions as they deem appropriate, transactions which are strictly necessary for the divestment and withdrawal by 31 December 2024, by the entities referred to in paragraph 1 or their subsidiaries in the Union from a legal person, entity or body established in the Union.’

‘2a It shall be prohibited as from 18 January 2024 to allow Russian nationals or natural persons residing in Russia to directly or indirectly own or control, or to hold any posts in the governing bodies of, a legal person, entity or body which is incorporated or constituted under the law of a Member State and is providing the services referred to in paragraph 2.’

‘3 Paragraphs 1, 2 and 2a shall not apply to nationals of a Member State, of a country member of the European Economic Area or of Switzerland, or to 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.’

‘2a It shall be prohibited to provide, directly or indirectly, market research and public opinion polling services, technical testing and analysis services and advertising services to:’

‘2b It shall be prohibited to sell, supply, transfer, export or provide, directly or indirectly, software for the management of enterprises and software for industrial design and manufacture to: (a) the Government of Russia; or (b) legal persons, entities or bodies established in Russia.’

‘3a It shall be prohibited to: (a) provide technical assistance, brokering services or other services related to the goods and services referred to in paragraphs 1, 2, 2a and 2b for their provision, directly or indirectly, to the Government of Russia or legal persons, entities or bodies established in Russia; (b) provide financing or financial assistance related to the goods and services referred to in paragraphs 1, 2, 2a and 2b for their provision, or for the provision of related technical assistance, brokering services or other services, directly or indirectly, to the Government of Russia or legal persons, entities or bodies established in Russia.’

‘4b Paragraph 2b shall not apply to the sale, supply, transfer, export or provision of software that is strictly necessary for the termination by 20 March 2024 of contracts which are not compliant with this Article concluded before 19 December 2023, or of ancillary contracts necessary for the execution of such contracts.’

‘7 Paragraphs 1, 2, 2a and 2b shall not apply until 20 June 2024 to the provision of services intended for the exclusive use of legal persons, entities or bodies established in Russia that are owned by, or solely or jointly controlled by, a legal person, entity or body which is incorporated or constituted under the law of a Member State, a country member of the European Economic Area, Switzerland or a partner country as listed in Annex VII.’

‘8 Paragraphs 2, 2a and 2b shall not apply to the sale, supply, transfer, export, or provision of services necessary for public health emergencies, the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment, or as a response to natural disasters.’

‘9b By way of derogation from paragraph 2b, the competent authorities may authorise the provision of services referred to therein, under such conditions as they deem appropriate, after having determined that those services are necessary for the contribution of Russian nationals to international open-source projects.’

‘10 By way of derogation from paragraphs 1, 2, 2a, 2b and 3a, the competent authorities may authorise the services referred to therein, under such conditions as they deem appropriate, after having determined that this is necessary for:’

‘11 The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 9a, 9b and 10 within two weeks of the authorisation.’

1 Legal persons, entities and bodies established in the Union whose proprietary rights are directly or indirectly owned for more than 40 % by: (a) a legal person, entity or body established in Russia; (b) a Russian national; or (c) a natural person residing in Russia, shall, as of 1 May 2024, report to the competent authority of the Member State where they are established, within two weeks of the end of each quarter, any transfer of funds exceeding 100000 EUR out of the Union that they made during that quarter, directly or indirectly, in one or several operations.

2 Notwithstanding the applicable rules concerning reporting, confidentiality and professional secrecy, credit and financial institutions shall, as of 1 July 2024, report to the competent authority of the Member State where they are located, within two weeks of the end of each semester, information on all transfers of funds out of the Union of a cumulative amount, over that semester, exceeding 100000 EUR that they initiated, directly or indirectly, for the legal persons, entities and bodies referred to in paragraph 1.

3 Member States shall assess the information received in accordance with paragraphs 1 and 2 to identify transactions, entities and business sectors that indicate a serious risk of breaches or circumvention of, or use of funds for purposes incompatible with, this Decision or Council Decisions 2014/145/CFSP , 2014/386/CFSP , 2014/512/CFSP, or (CFSP) 2022/266 , or Council Regulations (EU) No 269/2014 , (EU) No 833/2014 , (EU) No 692/2014 or (EU) 2022/263 and shall regularly inform each other and the Commission of their findings.

4 Based on the information received from the Member States under paragraph 3, the Commission shall review the functioning of the measures provided for in this Article no later than 20 December 2024.

1 It shall be prohibited, as of 1 January 2024, to purchase, import, or transfer, directly or indirectly, diamonds and products incorporating diamonds, if they originate in Russia or have been exported from Russia into the Union or to any third country.

2 It shall be prohibited, as of 1 January 2024, to purchase, import, or transfer, directly or indirectly, diamonds and products incorporating diamonds, of any origin, if they transited via the territory of Russia.

3 It shall be prohibited, as of 1 March 2024, to purchase, import, or transfer, directly or indirectly, products processed in a third country consisting of diamonds originating in Russia or exported from Russia with a weight equal to or above 1.0 carats per diamond.

4 It shall be prohibited, as of 1 September 2024, to purchase, import, or transfer, directly or indirectly, products processed in a third country consisting of or incorporating diamonds originating in Russia or exported from Russia with a weight equal to or above 0.5 carats or 0.1 grams per diamond.

5 It shall be prohibited to: (a) provide technical assistance, brokering services or other services related to the goods referred to in paragraphs 1 to 4, and to the provision, manufacture, maintenance and use of those goods, directly or indirectly in relation to the prohibitions in paragraphs 1 to 4; (b) provide financing or financial assistance related to the goods referred to in paragraphs 1 to 4 for any purchase, import or transfer of those goods, or for the provision of related technical assistance, brokering services or other services, directly or indirectly in relation to the prohibitions in paragraphs 1 to 4.

6 The prohibitions in paragraphs 1 to 4 of this Article shall not apply to diamonds or products incorporating diamonds for the personal use of natural persons travelling to the Union or of their immediate family members travelling with them, owned by those individuals and not intended for sale.

7 By way of derogation from paragraphs 1 to 4, the competent authorities may authorise the transfer or import of cultural goods which are on loan in the context of formal cultural cooperation with Russia.

8 For the purposes of paragraphs 3 and 4, goods falling under CN codes 71023100 and 71021000 that are imported into the Union shall be submitted for verification without delay, together with documentation certifying their origin, to the relevant authority for the verification of diamonds. The Member State where those goods are brought into the customs territory of the Union shall ensure their submission to that authority. Customs transit may be granted to that effect. If such customs transit is granted, the verification provided for in this paragraph shall be suspended until the arrival of those goods at that authority. The importer shall be responsible for the proper movement of those goods and the costs of such movement.

9 All verifications required under paragraph 8 shall be carried out in accordance with the rules and procedures laid down in Council Regulation (EC) No 2368/2002 , which shall apply mutatis mutandis.

10 For the purposes of paragraphs 3 and 4, at the moment of importation, importers shall provide evidence of the country of origin of the diamonds or products incorporating diamonds used as inputs for the processing of the product in a third country. As of 1 September 2024, the traceability-based evidence shall include a corresponding certificate certifying that the diamonds are not mined, processed or produced in Russia.

11 The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article and the authority for the verification of diamonds referred to in paragraph 8.

1 It shall be prohibited for any national of a Member State, natural person residing in a Member State, and legal person, entity or body which is established in the Union to sell, or otherwise transfer ownership, directly or indirectly, of tankers for the transport of crude oil or petroleum products listed in Annex XIII, falling under HS code ex890120, whether or not originating in the Union, to any natural or legal person, entity or body in Russia or for use in Russia.

2 By way of derogation from paragraph 1, the competent authorities may authorise, under the conditions they deem appropriate, the sale or other transfer of ownership of tankers for the transport of crude oil or petroleum products listed in Annex XIII, falling under HS code ex890120.

3 When deciding on requests for the authorisation referred to in paragraph 2 of this Article, the competent authorities shall not grant an authorisation for a sale or other transfer of ownership to any natural or legal person, entity or body in Russia or for use in Russia, if they have reasonable grounds to believe that the tanker would be used to transport, or be re-exported to transport, crude oil or petroleum products as listed in Annex XIII, originating in Russia or exported from Russia for import into the Union in breach of Article 4o or for transport to third countries at a purchase price per barrel exceeding the price laid down in Annex XI.

4 Any sale or other arrangement entailing a transfer of ownership by a national of a Member State, a natural person residing in a Member State, and a legal person, entity or body which is established in the Union to any third country of tankers for the transport of crude oil or petroleum products listed in Annex XIII, falling under HS code ex890120, with the exception of a sale or other transfer of ownership prohibited under paragraph 1, shall be notified immediately to the competent authorities of the Member State where the owner of the tanker is a citizen, a resident or is established. The notification to the competent authority shall contain at least, the following information: the identities of the seller and the purchaser, and where applicable the incorporation documents of the seller and the purchaser including the shareholding and management; the IMO ship identification number of the tanker; and the Call Sign of the tanker.

5 Any sale or other transfer of ownership of tankers as referred to in paragraphs 1 and 4 after 5 December 2022 and prior to 19 December 2023 shall be notified to the competent authorities of the Member States before 20 February 2024.

6 The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 2, and of any notification under paragraphs 4 and 5, within two weeks of the authorisation or notification.

The prohibitions laid down in this Decision shall not apply to the provision of pilot services which are necessary for reasons of maritime safety.’

1 When selling, supplying, transferring or exporting to a third country, with the exception of partner countries listed in Annex VII to this Decision, sensitive goods or technology as listed in Annexes XI, XX and XXXV to Regulation (EU) No 833/2014, common high priority items, or firearms and ammunition as listed in Annex I to Regulation (EU) No 258/2012, exporters shall, as of 20 March 2024, contractually prohibit re-exportation to Russia and re-exportation for use in Russia. The Union shall take the necessary measures in order to determine the items identified as common high priority items.

2 Paragraph 1 shall not apply to the execution of contracts concluded before 19 December 2023 until 20 December 2024 or until their expiry date, whichever is earlier.

3 In application of paragraph 1, exporters shall ensure that the agreement with the third-country counterpart contains adequate remedies in the event of a breach of a contractual obligation concluded in accordance with paragraph 1.

4 If the third-country counterpart breaches any of the contractual obligations concluded in accordance with paragraph 1, exporters shall inform the competent authority of the Member State where they are resident or established as soon as they become aware of the breach.

5 Member States shall inform each other and the Commission of detected instances of a breach or circumvention of a contractual obligation concluded in accordance with paragraph 1.’

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