Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine

By way of derogation from paragraphs 1, 3 and 3a, the competent authorities may authorise the sale, supply, transfer, export, or provision of the services and software referred to therein, under such conditions as they deem appropriate, after having determined that to do so is necessary for:

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 4, 9a, 9b, 9c, 9d or 10 within two weeks of the authorisation.

It shall be prohibited as of 27 March 2023 to allow Russian nationals or natural persons residing in Russia to hold any posts in the governing bodies of the owners or operators of critical infrastructures, European critical infrastructures and critical entities.

Paragraph 1 shall not apply to nationals of a Member State, of a country member of the European Economic Area or of Switzerland.

It shall be prohibited to provide storage capacity as defined in Article 2(1), point 28 of Regulation (EC) No 715/2009 of the European Parliament and of the Council ([^E0039]) in a storage facility as defined in Article 2, point 9 of Directive 2009/73/EC of the European Parliament and of the Council ([^E0040]), except for the part of liquefied natural gas facilities used for storage, to:

By way of derogation from paragraph 1, the competent authorities may authorise, under such conditions as they deem appropriate, the provision of storage capacity as referred to in paragraph 1 after having determined that it is necessary for ensuring critical energy supply within the Union.

The Member State or Member States concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 3 within two weeks of the authorisation.

By way of derogation from Articles 2, 2a, 3, 3f and 3k, the competent authorities may authorise the sale, supply, transfer, export or transit through Russia of the goods and technology referred to in those Articles, or the provision of related technical assistance, brokering services or other services, or financing or financial assistance, for the operation and maintenance of the Caspian Pipeline Consortium (CPC) pipelines and associated infrastructure necessary for the transport of goods falling under CN 2709 00 originating in Kazakhstan and which are only being loaded in, departing from or transiting through Russia, under such conditions as they deem appropriate, after having determined that:

By way of derogation from Article 5n, the competent authorities may authorise the provision of auditing services, engineering services, legal advisory services, technical testing and analysis services for the operation and maintenance of the CPC pipelines and associated infrastructure necessary for the transport of goods falling under CN 2709 00 originating in Kazakhstan and which are only being loaded in, departing from or transiting through Russia after having determined that:

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 1 and 2 within two weeks of the authorisation.

When granting an authorisation under paragraphs 1 and 2, the competent authority shall require the presentation of an end-user certificate and detailed regular reports indicating that no such goods, technology or services were diverted from their intended purpose during the relevant works. It may impose additional conditions, in accordance with paragraph 1.

Legal persons, entities and bodies established in the Union whose proprietary rights are directly or indirectly owned for more than 40 % by:

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 100 000 EUR that they initiated, directly or indirectly, for the legal persons, entities and bodies referred to in paragraph 1.

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 Regulation or Council Regulations (EU) No 269/2014, (EU) No 692/2014 ([^E0041]) or (EU) 2022/263 ([^E0042]), or Council Decisions 2014/145/CFSP ([^E0043]), 2014/386/CFSP ([^E0044]), 2014/512/CFSP or (CFSP) 2022/266 ([^E0045]), and shall regularly inform each other and the Commission of their findings.

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.

Intellectual property offices and other competent institutions constituted under the law of a Member State or the Union shall not accept:

Member States, in their capacity as Contracting States to the Convention on the Grant of European Patents of 5 October 1973, as revised on 17 December 1991 and on 29 November 2000 (the ‘EPC’) and in fulfilling their international obligations undertaken in the EPC, shall use best efforts to ensure that the European Patent Office refuses requests for unitary effect within the meaning of Regulation (EU) No 1257/2012 of the European Parliament and of the Council ([^E0046]) that are filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia, including if jointly filed by a Russian national or natural persons residing in Russia, legal persons, entities or bodies established in Russia with one or more non-Russian natural or legal person resident or established outside of Russia.

Member States in their capacity as Contracting States to the EPC and in fulfilling their international obligations undertaken in the EPC shall use best efforts to ensure that the European Patent Office does not accept new applications for registration of European patent applications that are filed by Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia, including if jointly filed by a Russian national or natural persons residing in Russia, legal persons, entities or bodies established in Russia with one or more non-Russian natural or legal person resident or established outside of Russia.

Member States and, where applicable, the Union, when acting under the Convention Establishing the World Intellectual Property Organisation of 14 July 1967 and as amended on 28 September 1979 (WIPO) shall use best efforts to ensure that WIPO or intellectual property offices constituted under the law of a Member State or the Union, or the European Patent Office, do not accept new applications for such rights by any Russian nationals or natural persons residing in Russia, or by legal persons, entities or bodies established in Russia, including if jointly filed by a Russian national or natural persons residing in Russia, legal persons, entities or bodies established in Russia with one or more non-Russian natural or legal person resident or established outside of Russia.

Paragraphs 1 to 4 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.

It shall be prohibited to engage, directly or indirectly, in any transaction with a legal person, entity or body that, pursuant to the Decree of the President of the Russian Federation No 122 of 15 February 2024, the Decree of the Government of the Russian Federation No 1767 of 18 October 2021 as amended by Government Resolution No 380 of 27 March 2024, or pursuant to related or equivalent Russian legislation or pursuant to any injunction, order, relief, judgment or other decision of a Russian court, has used or uses intellectual property rights or trade secrets owned by or licensed to a legal person in Russia that is owned or controlled by a natural person of a Member State or by a legal person incorporated under the law of a Member State without the consent of the right holder, as listed in Annex LVI.

Without prejudice to Article 6b of this Regulation, the natural persons of a Member State or the legal persons incorporated under the law of a Member State mentioned in paragraph 1 of this Article shall inform the competent authority of that Member State of any use pursuant to the Russian legislation mentioned in that paragraph and without the right holder’s consent of any of the intellectual property rights or trade secrets owned by or licensed to the legal persons they own or control in Russia.

Member States informed by right holders in accordance with paragraph 2 shall in turn inform the Commission about the use without consent of intellectual property rights or trade secrets.

It shall be prohibited to accept donations, economic benefits or support, including financing and financial assistance, directly or indirectly, from:

Paragraph 1 shall only apply to:

By way of derogation from paragraph 1, the competent authorities may authorise, under such conditions as they deem appropriate, the acceptance of donations, economic benefits or support, including financing and financial assistance, by the entities referred to in points (c) and (d) of paragraph 2, provided that such acceptance would in no way interfere with the democratic processes in the Union or undermine its democratic foundations, including through influence campaigns and the promotion of disinformation, aimed at undermining the territorial integrity, sovereignty and independence of Ukraine and through propaganda actions in support of Russia’s military aggression against Ukraine.

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 3 or 3a, within two weeks of the authorisation.

Russian nationals, who are members of the diplomatic or consular personnel of Russia, or members of the administrative and technical staff or of the service staff of diplomatic missions or consular posts of Russia, or their family members, holders of a valid residence permit, including diplomatic identification documents, or a valid visa issued by another State, who intend to travel to or transit through the territory of any Member State, based on that residence permit or visa, shall notify the Member State or Member States concerned by the travel not later than on the last working day in that Member State or those Member States, whichever is the earlier, before the intended date of entry into their territory and, in any case, not later than 24 hours before that intended date of entry.

Paragraph 1 shall not apply to minors or family members who are not part of the household of members of the diplomatic mission or consular post.

Paragraph 1 shall not apply to travel to or transit through the territory of the Member State that issued the residence permit or visa.

The notification in paragraph 1 shall include:

Member States shall inform the Council, Iceland, Liechtenstein, Norway and Switzerland of any cases of breach of the obligation in paragraph 1.

This Article shall apply from 25 January 2026.

A Member State may impose an authorisation requirement on the travel to or transit through its territory of Russian nationals, who are members of diplomatic or consular personnel of Russia, or members of the administrative and technical staff or of the service staff of diplomatic missions or consular posts of Russia, or their family members, holders of a valid residence permit, including diplomatic IDs, or a valid visa issued by another State, based on that residence permit or visa.

National measures adopted on the basis of paragraph 1:

A Member State deciding to adopt national measures pursuant to paragraph 1 shall inform the Council, at least 5 days before the entry into force of such measures.

This Article shall apply from 25 January 2026.

The Member States and the Commission shall inform each other of the measures taken under this Regulation and share any other relevant information at their disposal in connection with this Regulation, in particular information in respect of:

The Member States shall immediately inform each other and the Commission of any other relevant information at their disposal which might affect the effective implementation of this Regulation.

Any information provided or received in accordance with this Article shall be used for the purposes for which it was provided or received, including ensuring the effectiveness of the measures set out in this Regulation.

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 Regulation, 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 also apply to the joint proposals from the High Representative and the Commission for the amendment of this Regulation and to any preparatory documents related to them.

The Member State or Member States concerned shall inform the other Member States and the Commission of any authorisation denied under Articles 3, 3a, 3b, 3c, 3d, 3ea, 3f, 3g, 3h, 3i, 3k, 3m, 3n, 5a, 5c, 5d, 5k, 5m, 5n, 5p and 12b within two weeks of the denial.

Before a Member State grants an authorisation in accordance with Articles 3, 3a, 3b, 3c, 3d, 3ea, 3f, 3g, 3h, 3i, 3k, 3m, 3n, 5a, 5c, 5d, 5k, 5m, 5n, 5p and 12b for a transaction which is essentially identical to a transaction which is the subject of a denial that is still valid issued by another Member State or by other Member States, it shall first consult the Member State or Member States which issued the denial. If, following such consultations, the Member State concerned decides to grant an authorisation, it shall inform the other Member States and the Commission thereof, providing all relevant information to explain that decision.

Consistent with respect for the confidentiality of communications between lawyers and their clients guaranteed in Article 7 of the Charter of Fundamental Rights of the European Union and, where applicable, without prejudice to rules regarding the confidentiality of information held by judicial authorities, natural and legal persons, entities and bodies shall:

The Member State concerned shall transmit to the Commission any relevant information received pursuant to paragraph 1 within one month of receiving it. The Member State concerned may transmit such information in an anonymised form if an investigating or judicial authority has declared it to be confidential in the context of pending criminal investigations or criminal judicial proceedings.

Any additional information received directly by the Commission shall be made available to the Member States.

Any information provided or received in accordance with this Article shall be used only for the purposes for which it was provided or received.

The Commission shall amend:

The obligation of the Commission under paragraph 1(a) shall be suspended from … 24 July 2026 to 14 July 2027.

Member States shall lay down the rules on penalties, including as appropriate criminal penalties, applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive, and may take the voluntary self-disclosure of infringements of the provisions of this Regulation into account as a mitigating factor, in accordance with the respective national law. Member States shall also provide for appropriate measures of confiscation of the proceeds of such infringements.

Member States shall notify the rules referred to in paragraph 1 to the Commission without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment.

Member States shall designate the competent authorities referred to in this Regulation and identify them on the websites listed in Annex I. Member States shall notify the Commission of any changes in the addresses of their websites listed in Annex I.

Member States shall notify the Commission of their competent authorities, including the contact details of those competent authorities, without delay after the entry into force of this Regulation, and shall notify it of any subsequent amendment.

Where this Regulation sets out a requirement to notify, inform or otherwise communicate with the Commission, the address and other contact details to be used for such communication shall be those indicated in Annex I.

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 Regulation, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, notably 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:

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 person seeking the enforcement of that claim.

This Article is without prejudice to the right of the persons, entities and bodies referred to in paragraph 1 to judicial review of the legality of the non-performance of contractual obligations in accordance with this Regulation.

By way of derogation from paragraph 1, the competent authorities, based on a specific and case-by-case assessment, may authorise, until 31 December 2027, the satisfaction of a claim made by one of the persons, entities and bodies indicated in paragraph 1, point (b), under such conditions as the competent authorities deem appropriate and after having determined that the satisfaction of the claim is strictly necessary for the divestment from Russia or the wind-down of business activities in Russia.

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 4 within two weeks of the authorisation.

Any person referred to in Article 13, point (c) or (d), shall be entitled to recover, in judicial proceedings before the competent courts of a Member State, any direct or indirect damages, including legal costs, incurred by that person or by a legal person, entity or body that the person referred to in Article 13, point (d), owns or controls, as a consequence of claims lodged with courts in third countries by persons, entities and bodies referred to in Article 11(1), point (a), (b), (c) or (d), 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 Regulation, provided that the person concerned does not have effective access to the remedies under the relevant jurisdiction. Such damages may be recovered from the persons, entities or bodies referred to in Article 11(1), point (a), (b), (c) or (d), that lodged the claims with the courts in the third country, or from persons, entities or bodies that own or control those entities or bodies.

Without prejudice to paragraph 1, any person referred to in Article 13, point (c) or (d), shall be entitled to recover, in judicial proceedings before the competent courts of a Member State, any direct or indirect damages, including legal costs, incurred by that person or by a legal person, entity or body that the person referred to in Article 13, point (d), owns or controls, as a consequence of injunctions, orders, reliefs, judgments or other judicial or administrative decisions rendered in third countries other than Russia, which seek to enforce judgments upholding claims referred to in paragraph 1, provided that the person concerned does not have effective access to the remedies under the relevant jurisdiction. Such damages may be recovered from the persons, entities or bodies that seek or cooperate in the enforcement of judgments upholding claims referred to in paragraph 1 in a third country other than Russia, or from persons, entities or bodies that own or control those entities or bodies, with the exception of their lawyers and of members of the judiciary, and with the exception of persons referred to in Article 13, point (c) or (d), or legal persons, entities or bodies that the persons referred to in Article 13, point (d), own or control, against whom a judgment upholding claims referred to in paragraph 1 has been issued.

Any person referred to in Article 13, point (c) or (d), shall be entitled to recover, in judicial proceedings before the competent courts of a Member State, any direct or indirect damages, including legal costs, caused to that person or to a legal person, entity or body that the person referred to in Article 13, point (d), owns or controls, by any persons, entities or bodies referred to in points (a), (b) or (c) of Article 11(1) that benefited from, or are responsible for issuing, a decision pursuant to the Decree of the President of the Russian Federation No. 302 of 25 April 2023 as subsequently amended, pursuant to Federal Law No. 470-FZ of 4 August 2023 as subsequently amended, or pursuant to related or equivalent Russian legislation, provided that such decision is illegal under international customary law or under a bilateral investment treaty entered into between the relevant Member State and the Russian Federation, and provided that the person concerned does not have effective access to the remedies under the relevant jurisdiction. Such damages may be recovered from the persons, entities or bodies referred to in Article 11(1), point (a), (b) or (c), that benefited from, or are responsible for, a decision issued under those Russian decrees or legislation, or from persons, entities or bodies that own or control those entities or bodies.

Member States shall not be liable for judicial decisions rendered in accordance with paragraph 1 or for the enforcement of such decisions. Member States shall not comply with judgments, arbitral awards, including investor-State arbitral awards, or other judicial decisions which hold them liable contrary to the first sentence of this paragraph.

No injunction, order, relief, judgment or other court or administrative decision pursuant to or derived from Article 248.1 or Article 248.2 of the Arbitration Procedure Code of the Russian Federation or equivalent Russian legislation, or given by a Russian court or authority pursuant to any other law of the Russian Federation, holding a person referred to in Article 13, point (c) or (d), liable, whether in contract or in tort or on any other legal basis, or giving effect, directly or indirectly, to any claim, right or alleged obligation against such person, including in the context of insolvency, bankruptcy, restructuring or analogous proceedings, 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 Regulation, shall be recognised, given effect or enforced in a Member State.

No request for assistance during an investigation or other criminal proceedings, and no punishment or other sanction pursuant to the Russian Criminal Code based on an alleged violation of an injunction, order, relief, judgment or other court decision pursuant to or derived from Article 248.1 or Article 248.2 of the Arbitration Procedure Code of the Russian Federation or equivalent Russian legislation shall be recognised, given effect or enforced in a Member State.

Without prejudice to Articles 11a and 11b, in the event that a person referred to in Article 11(1), point (a), (b) or (c), of this Regulation initiated proceedings before a Russian court 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 Regulation or under Regulation (EU) No 269/2014, in breach of an exclusive jurisdiction or arbitration clause, or abusively pursuant to Article 248.1 or Article 248.2 of the Arbitration Procedure Code of the Russian Federation or equivalent Russian legislation, or pursuant to any other law of the Russian Federation, or in frustration of the Union’s restrictive measures, against a natural or legal person, entity or body referred to in Article 13, point (c) or (d), of this Regulation to obtain an injunction, order, relief, judgment or other court decision, the natural or legal person, entity or body referred to in Article 13, point (c) or (d), of this Regulation shall be entitled to obtain, in judicial proceedings before the competent courts of a Member State, a court order ordering the person indicated in Article 11(1), point (a), (b) or (c), of this Regulation:

Failure to observe the court order referred to in paragraph 1 of this Article shall lead to financial penalties imposed by the court proportionate to the potential loss which could be incurred by the natural or legal person, entity or body referred to in Article 13, point (c) or (d), as a result of such violation. Payment of those financial penalties shall be made to the natural or legal person, entity or body referred to in Article 13, point (c) or (d), that submitted the request for the court order.

The Commission shall process personal data to the extent necessary for the performance of its tasks pursuant to this Regulation in relation to its contribution to the correct implementation, enforcement and prevention of the circumvention of the measures imposed under this Regulation.

For the purposes of this Regulation, the Commission is designated as ‘controller’ within the meaning of Article 3(8) of Regulation (EU) 2018/1725 in relation to the processing activities necessary to accomplish the tasks referred to in paragraph 1.

The competent authorities of the Member States, including enforcement authorities, customs authorities within the meaning of Regulation (EU) No 952/2013, competent authorities within the meaning of Regulation (EU) No 575/2013, Directive (EU) 2015/849 of the European Parliament and of the Council ([^E0050]) and Directive 2014/65/EU, as well as Financial Intelligence Units as referred to in Directive (EU) 2015/849, and administrators of official registers wherein natural persons, legal persons, entities and bodies as well as immovable or movable property are registered, shall process and exchange without delay information, including personal data and, if necessary, the information referred to in Article 6b(1) of this Regulation, with other competent authorities of their Member State, with competent authorities of other Member States and with the Commission, if such processing and exchange is necessary to carry out the tasks of the processing authority or the receiving authority under this Regulation, in particular when they detect instances of breach, circumvention or attempts at breach or circumvention of the prohibitions set out in this Regulation. This provision is without prejudice to rules regarding the confidentiality of information held by judicial authorities.

Any processing of personal data shall be carried out in accordance with this Regulation and Regulations (EU) 2016/679 ([^E0051]) and (EU) 2018/1725 ([^E0052]) of the European Parliament and of the Council and only in so far as necessary for the application of this Regulation and to ensure effective cooperation between Member States as well as with the European Commission in the application of this Regulation.

By way of derogation from Articles 2, 2a, 3, 3b, 3c, 3f, 3h and 3k, the competent authorities may authorise the sale, supply or transfer of goods and technologies listed in Annexes II, VII, X, XI, XVI, XVIII, XX and XXIII to this Regulation and in Annex I to Regulation (EU) 2021/821 as well as the sale, licensing or transfer in any other way of intellectual property rights or trade secrets as well as granting rights to access or re-use any material or information protected by means of intellectual property rights or constituting trade secrets, related to the goods and technology mentioned above until 31 December 2027, where such sale, supply, transfer, licensing, granting rights to access or re-use is strictly necessary for the divestment from Russia or the wind-down of business activities in Russia, provided that the following conditions are fulfilled:

By way of derogation from Articles 3g and 3i, the competent authorities may authorise the import or transfer of goods listed in Annexes XVII and XXI until 31 December 2027, where such import or transfer is strictly necessary for the divestment from Russia or the wind-down of business activities in Russia, provided that the following conditions are fulfilled:

The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 1, 1a, 2, 2a or 2b within two weeks of the authorisation.

All authorisations referred to in paragraph 1 with respect to goods and technologies listed in Annex VII as well as in Annex I to Regulation (EU) 2021/821 shall be issued by electronic means, whenever possible, on forms containing at least all the elements of, and in the order provided for in, the model C set out in Annex IX.

The competent authorities shall exchange information with the other Member States and the Commission on authorisations granted pursuant to paragraph 1 of Article 12b in relation to goods and technologies listed in Annex VII as well as in Annex I to Regulation (EU) 2021/821. The exchange of information shall be carried out using the electronic system provided pursuant to Article 23(6) of Regulation (EU) 2021/821.

Information received as a result of the application of this Article shall be used only for the purpose for which it was requested, including the exchanges mentioned in paragraph 4 of Article 2d.

Member States and the Commission shall ensure the protection of confidential information acquired in the application of this Article in accordance with Union law and the respective national law.

Member States and the Commission shall ensure that classified information provided or exchanged under this Article is not downgraded or declassified without the prior written consent of the originator.

For the purposes of the prohibitions on importing goods provided for in this Regulation, goods physically in the Union may be released as provided for in Article 5, point (26) of the Union Customs Code ([^E0053]) by the customs authorities provided that they have been presented to customs in accordance with Article 134 of the Union Customs Code before the entry into force or applicability date of the respective import prohibitions, whichever is latest.

All procedural steps necessary for the release referred to in paragraphs 1 and 5 of the relevant goods pursuant to the Union Customs Code shall be allowed.

The customs authorities shall not allow the release of the goods if they have reasonable grounds to suspect circumvention and shall not authorise the re-export of the goods to Russia.

Payments in relation to such goods shall be consistent with the provisions and objectives of this Regulation, in particular the prohibition on purchasing, and Regulation (EU) No 269/2014.

Goods physically in the Union and presented to customs prior to 26 February 2023 which were stopped in application of this Regulation may be released by the customs authorities under the conditions provided for in paragraphs 1, 2, 3 and 4.

It shall be prohibited to sell, supply, transfer or export, directly or indirectly, goods and technology as listed in Annex XXXIII, whether or not originating in the Union, to any natural or legal person, entity or body in the third country specified in that Annex.

It shall be prohibited to:

Annex XXXIII shall only include sensitive dual-use goods and technology, or goods and technology that might contribute to the enhancement of Russia’s military, technological or industrial capacities or to the development of Russia’s defence and security sector, in a way that strengthens its ability to wage war, and whose export to Russia is prohibited under this Regulation and that present a high and continuous risk of being sold, supplied, transferred or exported from third countries to Russia after being sold, supplied, transferred or exported from the Union. Annex XXXIII shall specify, for each item of listed goods or technology, the third countries to which the sale, supply, transfer or export is prohibited. Annex XXXIII shall only include third countries that have been identified by the Council as having systematically and persistently failed to prevent the sale, supply, transfer or export to Russia of goods and technology, as listed in that Annex, exported from the Union, despite the Union’s prior outreach and assistance to the country in question.

If the sale, supply, transfer or export of goods or technology listed in Annex XXXIII to a natural or legal person, entity or body in Russia or for use in Russia is not prohibited under certain exemptions provided for in this Regulation, their sale, supply, transfer or export to a natural or legal person, entity or body in the third country specified shall not be prohibited, provided that the same conditions applicable under this Regulation for export to Russia or for use in Russia are fulfilled.

If the sale, supply, transfer or export of goods or technology listed in Annex XXXIII to a natural or legal person, entity or body in Russia or for use in Russia can be authorised by the competent authorities in accordance with this Regulation, their sale, supply, transfer or export to a natural or legal person, entity or body in the third country specified may be authorised by the competent authorities under the same conditions applicable to derogations for exports to Russia or for use in Russia.

When selling, supplying, transferring or exporting to a third country, with the exception of partner countries listed in Annex VIII to this Regulation, goods or technology as listed in Annexes XI, XX and XXXV to this Regulation, common high priority items as listed in Annex XL to this Regulation, 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.

Paragraph 1 shall not apply to:

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.

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.

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.

When selling, licensing or transferring in any other way intellectual property rights or trade secrets as well as granting rights to access or re-use any material or information protected by intellectual property rights or protected as trade secret related to the common high priority items as listed in Annex XL to this Regulation, natural and legal persons, entities and bodies shall, as of 26 December 2024, contractually prohibit their third-country counterparts, and require them to prohibit possible sublicensees of such intellectual property rights or trade secret, from using such intellectual property rights, trade secrets or other information in connection with common high priority items as listed in Annex XL to this Regulation that are intended for sale, supply, transfer or export, directly or indirectly, to Russia or for use in Russia.

Paragraph 1 shall not apply to the execution of contracts concluded before 25 June 2024 until 26 June 2025 or until their expiry date, whichever is earlier.

In application of paragraph 1, natural and legal persons, entities and bodies 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.

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

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.

Natural and legal persons, entities and bodies that sell, supply, transfer or export common high priority items as listed in Annex XL or goods as listed in Annex XLVIII shall:

Paragraph 1 shall not apply to natural and legal persons, entities and bodies that sell, supply or transfer common high priority items as listed in Annex XL or goods as listed in Annex XLVIII only within the Union or to partner countries listed in Annex VIII.

Natural and legal persons, entities and bodies shall ensure that any legal person, entity or body established outside the Union that they own or control and that sells, supplies, transfers or exports common high priority items as listed in Annex XL or goods as listed in Annex XLVIII implements the requirements in points (a) and (b) of paragraph 1.

Paragraph 3 shall not apply where, due to reasons that it did not cause itself, a natural or legal person, entity or body is not able to exercise control over the legal person, entity or body that it owns.