Date: 2023-06-06Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (CFSP) 2023/1094 of 5 June 2023 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
Executive Summary:
This Council Decision amends Decision 2014/145/CFSP concerning restrictive measures against actions undermining Ukraine's integrity, sovereignty, and independence. It expands designation criteria to include leading businesspersons operating in Russia, their family members, and those involved in sectors providing substantial revenue to the Russian government. The decision aims to increase pressure on Russia to end its aggression against Ukraine and avoid circumvention of restrictive measures. It enters into force the day after its publication in the Official Journal of the European Union.
Key Points / Main Content:
* **Amendment Scope:**
* Decision 2014/145/CFSP is amended.
* **Designation Criteria Expansion (Article 11 & 21):**
* The criteria for restrictive measures now include:
* Leading businesspersons operating in Russia.
* Immediate family members or other natural persons benefitting from them.
* Businesspersons involved in economic sectors providing a substantial source of revenue to the Government of the Russian Federation.
* **Entry into Force:**
* This decision enters into force on the day following its publication in the Official Journal of the European Union.
Impact Analysis:
European Union:
Impact: Responsible for implementing and enforcing the updated restrictive measures against Russia.
Action Required: Update relevant legal frameworks and procedures to reflect the expanded designation criteria and ensure effective enforcement of sanctions.
Leading Businesspersons operating in Russia, their Family Members, and Beneficiaries:
Impact: Increased risk of being subjected to restrictive measures (asset freezes, travel bans, etc.).
Action Required: Assess their potential exposure to the expanded designation criteria and take appropriate legal and financial measures to ensure compliance and mitigate risks.
Businesspersons in Economic Sectors Providing Revenue to the Russian Government:
Impact: Increased risk of being subjected to restrictive measures.
Action Required: Assess their potential exposure to the expanded designation criteria and take appropriate legal and financial measures to ensure compliance and mitigate risks.
Key Entities Referenced
European Union: A political and economic alliance of European countries.
Council Decision CFSP 20231094: Council Decision relating to restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
Treaty on European Union: A treaty that forms the constitutional basis of the European Union.
Ukraine: A country in Eastern Europe.
European Council: A collective body that defines the overall political direction and priorities of the European Union.
Russia: A country in Eastern Europe and Asia.
Government of the Russian Federation: The executive branch of the Russian government.
Crimea: A peninsula located on the northern coast of the Black Sea within Ukraine.
L 146/20 EN Official Journal of the European Union 6.6.2023
COUNCIL DECISION (CFSP) 2023/1094
of 5 June 2023
amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions
undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) On 17 March 2014, the Council adopted Decision 2014/145/CFSP(1).
(2) The Union remains unwavering in its support for Ukraine’s sovereignty and territorial integrity.
(3) In its conclusions of 9 February 2023, the European Council reiterated the Union’s resolute condemnation of
Russia’s war of aggression against Ukraine, which constitutes a manifest violation of the United Nations Charter.
The European Council also reiterated that the Union stands ready to continue to reinforce its restrictive measures
against Russia.
(4) The Council has assessed that a relationship of mutual benefit and support exists between the Government of the
Russian Federation and leading businesspersons operating in Russia. In particular, the Government of the Russian
Federation has systematically allowed prominent Russian businesspersons to accumulate their wealth through the
exploitation of natural and other public resources. The Council considers, in view of this relationship of
interdependence between leading businesspersons and the Government of the Russian Federation, that the
designation criteria should cover leading businesspersons operating in any economic sector of Russia. In addition,
the Council considers that the designation criteria should be extended to allow for the listing as appropriate of other
businesspersons who are involved in economic sectors providing a substantial source of revenue to the Government
of the Russian Federation, in order to increase pressure on the Government of the Russian Federation to bring an end
to its war of aggression against Ukraine.
(5) The Council has also assessed that leading Russian businesspersons have engaged in a systematic practice of
distributing their funds and assets amongst their immediate family members and other persons, often in order to
hide their assets, to circumvent the restrictive measures and to maintain control over the resources available to
them. Therefore, the Council considers that immediate family members or other natural persons, who benefit in
such a way from leading businesspersons operating in Russia, should also be designated as appropriate, in order to
both increase pressure on the Government of the Russian Federation to bring an end to its war of aggression against
Ukraine as well as to avoid the risk of circumvention of the restrictive measures.
(6) Further action by the Union is needed in order to implement certain measures.
(7) Decision 2014/145/CFSP should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Decision 2014/145/CFSP is amended as follows:
(1) 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).6.6.2023 EN Official Journal of the European Union L 146/21
(1) in Article 1(1), point (e) is replaced by the following:
‘(e) leading businesspersons operating in Russia and their immediate family members, or other natural persons,
benefitting from them, or businesspersons involved in economic sectors providing a substantial source of revenue
to the Government of the Russian Federation, which is responsible for the annexation of Crimea and the
destabilisation of Ukraine; or’;
(2) in Article 2(1), point (g) is replaced by the following:
‘(g) leading businesspersons operating in Russia and their immediate family members, or other natural persons,
benefitting from them, or businesspersons, legal persons, entities or bodies involved in economic sectors
providing a substantial source of revenue to the Government of the Russian Federation, which is responsible for
the annexation of Crimea and the destabilisation of Ukraine; or’.
Article 2
This Decision shall enter into force on the date following that of its publication in the Official Journal of the European Union.
Done at Brussels, 5 June 2023.
For the Council
The President
J. ROSWALL