Council Decision (CFSP) 2024/1738 of 24 June 2024 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

‘31 By way of derogation from paragraphs 1 and 2 of this Article, and provided that the funds concerned were frozen as a result of the involvement of a legal person, entity or body listed in the Annex to this Decision acting as intermediary bank during a transfer of those funds from the Russian Federation to 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 the Annex to this Decision; (b) carried out using accounts at credit institutions that are not listed in the Annex to this Decision; and (c) not in breach of paragraph 2 of this Article. 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.

32 By way of derogation from paragraphs 1 and 2 of this Article, and provided that the payment concerned was frozen as a result of a transfer from the Russian Federation to the Union initiated through or from a legal person, entity or body listed in the Annex to this Decision, 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 the Annex to this Decision; (b) not in breach of paragraph 2 of this Article. 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.’

1 Any document held by the Council, the Commission or the High Representative of the Union for Foreign Affairs and Security Policy (the “High Representative”) for the purpose of ensuring the enforcement of the measures set out in this Decision, or of preventing the violation or circumvention thereof, shall be subject to professional secrecy and shall enjoy the protection afforded by the rules applicable to the Union institutions. That protection shall apply to the proposals from the High Representative for the amendment of this Decision and to any preparatory documents related to them.

2 It shall be presumed that the disclosure of any documents or proposals referred to in paragraph 1 would harm the security of the Union or that of one or more of its Member States or the conduct of their international relations.’

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