Council Decision 2014/386/CFSP of 23 June 2014 concerning restrictions on goods originating in Crimea or Sevastopol, in response to the illegal annexation of Crimea and Sevastopol
Article 1
The import into the Union of goods originating in Crimea or Sevastopol shall be prohibited.
It shall be prohibited to provide, directly or indirectly, financing or financial assistance, as well as insurance and reinsurance, related to the import of goods originating in Crimea or Sevastopol.
Article 2
The prohibitions set out in Article 1 shall not apply to goods originating in Crimea or Sevastopol which have been made available for examination to, and have been controlled by the Ukrainian authorities and which have been granted a certificate of origin by the Government of Ukraine.
Article 4a
The following shall be prohibited:
- (a) the acquisition or extension of a participation in real estate in Crimea or Sevastopol;
- (b) the acquisition or extension of a participation in entities in Crimea or Sevastopol, including the acquisition in full of such entities and the acquisition of shares, and other securities of a participating nature;
- (c) the granting of any financing to entities in Crimea or Sevastopol or for the documented purpose of financing entities in Crimea or Sevastopol;
- (d) the creation of any joint venture with entities in Crimea or Sevastopol;
- (e) the provision of investment services directly related to the activities referred to in points (a) to (d).
The prohibitions and restrictions in this Article do not apply to the conduct of legitimate business with entities outside Crimea or Sevastopol where the related investments are not destined to entities in Crimea or Sevastopol.
The prohibitions in paragraph 1 shall:
- (a) be without prejudice to the execution of an obligation from contracts concluded before 20 December 2014;
- (b) not prevent the extension of a participation, if such extension is an obligation under a contract concluded before 20 December 2014.
Article 4b
It shall be prohibited to sell, supply, transfer, or export, directly or indirectly, goods and technology by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States, whether or not originating in the Union,
- (a) to any natural or legal person, entity or body in Crimea or Sevastopol, or
- (b) for use in Crimea or Sevastopol, in the following sectors:
- (i) transport;
- (ii) telecommunications;
- (iii) energy;
- (iv) the prospection, exploration and production of oil, gas and mineral resources.
The provision of:
- (a) technical assistance or training and other services related to the goods and technology in the sectors referred to in paragraph 1;
- (b) financing or financial assistance for any sale, supply, transfer or export of goods and technology in the sectors referred to in paragraph 1 or for the provision of related technical assistance or training,
shall be prohibited.
The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.
Article 4c
It shall be prohibited to provide, directly or indirectly, accounting, auditing, including statutory audit, bookkeeping or tax consulting services, or business and management consulting or public relations services to legal persons, entities or bodies in Crimea or Sevastopol.
1a. It shall be prohibited to provide, directly or indirectly, technical assistance or brokering services directly relating to infrastructure in Crimea or Sevastopol in the sectors referred to in Article 4b(1), independently of the origin of the goods and technology.
1b. It shall be prohibited to provide, directly or indirectly, construction, architectural and engineering services, legal advisory services and IT consultancy services to legal persons, entities or bodies in Crimea or Sevastopol.
1c. 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 legal persons, entities or bodies in Crimea or Sevastopol.
1d. 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 legal persons, entities or bodies in Crimea or Sevastopol.
The Union shall take the necessary measures in order to determine the relevant items to be covered by this paragraph.
1e. 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, 1b, 1c and 1d for their provision, directly or indirectly, to legal persons, entities or bodies in Crimea or Sevastopol;
- (b) provide financing or financial assistance related to the goods and services referred to in paragraphs 1, 1b, 1c and 1d for their provision, or for the provision of related technical assistance, brokering services or other services, directly or indirectly, to legal persons, entities or bodies in Crimea or Sevastopol;
- (c) sell, license or transfer in any other way intellectual property rights or trade secrets as well as grant rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets related to the software referred to in paragraph 1d and to the provision, manufacture, maintenance and use of that software, directly or indirectly to any natural or legal person, entity or body in Crimea or Sevastopol or for use in Crimea or Sevastopol.
1f. Paragraphs 1 and 1b shall not apply to the provision of services that are strictly necessary for the exercise of the right of defence in judicial proceedings and the right to an effective legal remedy.
1g. Paragraphs 1 and 1b shall not apply to the provision of services which are strictly necessary to ensure access to judicial, administrative or arbitral proceedings in a Member State, as well as for the recognition or enforcement of a judgment or an arbitration award rendered in a Member State, provided that such provision of services is consistent with the objectives of this Decision and Council Decision 2014/145/CFSP ([^E0001]).
1h. Paragraphs 1b to 1d 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.
1i. By way of derogation from paragraph 1d, 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 Ukrainian nationals to international open-source projects.
1j. By way of derogation from paragraphs 1 to 1e, the competent authorities may authorise the sale, supply, transfer, export, or provision of the services referred to therein, under such conditions as they deem appropriate, after having determined that this is necessary for:
- (a) humanitarian purposes, such as delivering or facilitating the delivery of assistance, including medical supplies, food, or the transfer of humanitarian workers and related assistance, or for evacuations;
- (b) civil society activities that directly promote democracy, human rights or the rule of law in Crimea or Sevastopol;
- (c) the functioning of international organisations enjoying immunities in accordance with international law located in Crimea or Sevastopol;
- (d) ensuring critical energy supply within the Union and the purchase, import or transport into the Union of titanium, aluminium, copper, nickel, palladium and iron ore;
- (e) ensuring the continuous operation of infrastructure, hardware or software which are critical for human health and safety, or the safety of the environment;
- (f) the establishment, operation, maintenance, fuel supply and retreatment and safety of civil nuclear capabilities, and the continuation of design, construction and commissioning required for the completion of civil nuclear facilities, the supply of precursor material for the production of medical radioisotopes and similar medical applications, or critical technology for environmental radiation monitoring, as well as for civil nuclear cooperation, in particular in the field of research and development;
- (g) the provision of electronic communication services by Union telecommunication operators necessary for the operation, maintenance and security, including cybersecurity, of electronic communication services in Ukraine, in the Union, between Ukraine and the Union, and for data centre services in the Union.
1k. The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 1i or 1jwithin two weeks of the authorisation.
Article 4d
The competent authorities may grant an authorisation in relation to the activities referred to in Article 4a(1), Article 4b(2) and Article 4c(1) and to the goods and technology referred to in Article 4b(1), provided that they are:
- (a) necessary for official purposes of international organisations enjoying immunities in accordance with international law located in Crimea or Sevastopol; or;
- (b) related to projects exclusively in support of hospitals or other public health institutions providing medical services or civilian education facilities located in Crimea or Sevastopol.
The competent authorities may also grant, under such terms and conditions as they deem appropriate, an authorisation for a transaction in relation to the activities referred to in Article 4a(1), provided that the transaction is for the purpose of maintenance in order to ensure safety of existing infrastructure.
The competent authorities may also grant an authorisation in relation to the goods and technology referred to in Article 4b(1) and to the activities referred to in Article 4b(2) and Article 4c, where the sale, supply, transfer or export of the items or the carrying out of those activities is necessary for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety, including the safety of existing infrastructure, or the environment. In duly justified cases of emergency, the sale, supply, transfer or export may proceed without prior authorisation provided that the exporter notifies the competent authority within five working days after the sale, supply, transfer or export has taken place, providing detail about the relevant justification for the sale, supply, transfer or export without prior authorisation.
The Commission and the Members States shall inform each other of the measures taken under this paragraph and share any other relevant information at their disposal.
Article 4e
It shall be prohibited to provide services directly related to tourism activities in Crimea or Sevastopol, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States.
It shall be prohibited for any ship providing cruise services, to enter into or call at any port situated in the Crimean Peninsula.
The Union shall take the necessary measures in order to determine the relevant ports to be covered by this paragraph.
The prohibition in paragraph 2 shall not apply when a ship enters or calls at one of the ports situated in the Crimean Peninsula for reasons of maritime safety in cases of emergency. The competent authority shall be informed of the relevant entry into or call at the port within five working days.
Article 4f
It shall be prohibited to sell, supply, transfer or export banknotes denominated in any official currency of a Member State to Crimea or Sevastopol or to any natural or legal person, entity or body in Crimea or Sevastopol, or for use in Crimea or Sevastopol.
The prohibition in paragraph 1 shall not apply to the sale, supply, transfer or export of banknotes denominated in any official currency of a Member State provided that such sale, supply, transfer or export is necessary for:
- (a) the personal use of natural persons travelling to Crimea or Sevastopol or members of their immediate families travelling with them;
- (b) the official purposes of international organisations enjoying immunities in accordance with international law located in Crimea or Sevastopol; or
- (c) civil society and media activities that directly promote democracy, human rights or the rule of law in Crimea or Sevastopol which receive public funding from the Union, Member States or countries listed in the Annex.
Article 4g
It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent prohibitions in this Decision, including by participating in such activities without deliberately seeking that object or effect but being aware that the participation may have that object or effect and accepting that possibility.
Article 4h
No claims 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 Decision, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, particularly a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:
- (a) designated natural or legal persons, entities or bodies listed in Annex I to Decision 2014/145/CFSP;
- (b) any natural person who, or legal person, entity or body which, has been found by an arbitral, judicial or administrative decision to have infringed the prohibitions set out in this Decision;
- (c) any natural or legal person, entity or body, if the claim relates to goods the import of which is prohibited under Article 2;
- (d) any person, entity or body in Crimea or Sevastopol;
- (e) any Russian person, entity or body;
- (f) any person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in points (a) to (e) of this paragraph.
In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited by paragraph 1 shall be on the natural or legal person, entity or body seeking the enforcement of that claim.
This Article is without prejudice to the right of natural or legal persons, entities or bodies referred to in paragraph 1 to judicial review of the legality of the non-performance of contractual obligations in accordance with this Decision.
Article 5
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Decision shall apply until 23 June 2027.
This Decision shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met. Articles 4a to 4g shall be reviewed no later than 31 December 2014.
ANNEX
List of countries referred to in Article 4f(2), point (c).
THE UNITED STATES OF AMERICA
JAPAN
UNITED KINGDOM
SOUTH KOREA
AUSTRALIA
CANADA
NEW ZEALAND
NORWAY
SWITZERLAND
LIECHTENSTEIN
ICELAND
[^E0001]: Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 78, 17.3.2014, p. 16, ELI: http://data.europa.eu/eli/dec/2014/145(1)/oj).
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