EU - Decision 2024/2643 - Russia - EN

Council Decision (CFSP) 2024/2643 of 8 October 2024 concerning restrictive measures in view of Russia’s destabilising activities

1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of natural persons, as listed in Annex I, who are:

(a) responsible for, implementing, supporting, benefitting from, involved in or facilitating actions or policies attributable to the Government of the Russian Federation which undermine or threaten democracy, the rule of law, stability or security in the Union or in one or several of its Member States, in an international organisation or in a third country, or which undermine or threaten the sovereignty or independence of one or several of its Member States, or of a third country, through the following actions:

(i) planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating the obstruction or undermining of the democratic political process or public order and safety, including by obstructing or undermining the holding of elections or attempting to destabilise or overthrow the constitutional order;

(ii) planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating violent demonstrations;

(iii) planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating acts of physical or non-physical violence, including activities to silence, intimidate, coerce, or exact reprisals against persons critical of the actions or policies of the Russian Federation;

(iv) planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating the use of information manipulation and interference;

(v) planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating any actions targeted at the functioning of democratic institutions, economic activities or services of public interest, including by unauthorised entry into the territory of a Member State, including its airspace, or aimed at interfering with, damaging or destroying, including through sabotage or malicious cyber activities as part of hybrid activities, critical infrastructure, including submarine infrastructure;

(vi) planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating the instrumentalisation of migrants as referred to in Article 1(4), point (b), of Regulation (EU) 2024/1359;

(vii) exploiting an armed conflict, instability or insecurity, including through the illicit exploitation of, or trade in, natural resources and wildlife in a third country;

(viii) instigating, supporting or otherwise facilitating a violent conflict in a third country;

(b) associated with the natural persons listed under point (a);

(c) supporting the natural persons engaged in activities referred to in point (a).

Article 2

1.   All funds and economic resources belonging to, owned, held or controlled by natural or legal persons, entities or bodies that are:

(a) responsible for, implementing, supporting, benefitting from, involved in or facilitating actions or policies attributable to the Government of the Russian Federation which undermine or threaten democracy, the rule of law, stability or security in the Union or in one or several of its Member States, in an international organisation or in a third country, or which undermine or threaten the sovereignty or independence of one or several of its Member States, or of a third country, through the following actions:

(i) planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating the obstruction or undermining of the democratic political process or public order and safety, including by obstructing or undermining the holding of elections or attempting to destabilise or overthrow the constitutional order;

(ii) planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating violent demonstrations;

(iii) planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating acts of physical or non-physical violence, including activities to silence, intimidate, coerce, or exact reprisals against persons critical of the actions or policies of the Russian Federation;

(iv) planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating the use of information manipulation and interference;

(v) planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating any actions targeted at the functioning of democratic institutions, economic activities or services of public interest, including by unauthorised entry into the territory of a Member State, including its airspace, or aimed at interfering with, damaging or destroying, including through sabotage or malicious cyber activities as part of hybrid activities, critical infrastructure, including submarine infrastructure;

(vi) planning, directing, engaging in, directly or indirectly, supporting, or otherwise facilitating the instrumentalisation of migrants as referred to in Article 1(4), point (b), of Regulation (EU) 2024/1359;

(vii) exploiting an armed conflict, instability or insecurity, including through the illicit exploitation of, or trade in, natural resources and wildlife in a third country;

(viii) instigating, supporting or otherwise facilitating a violent conflict in a third country;

(b) associated with the natural or legal persons, entities or bodies listed under point (a);

(c) supporting the natural or legal persons, entities or bodies engaged in activities referred to in point (a), as listed in Annex I, shall be frozen

Article 2a

1.   It shall be prohibited to engage, directly or indirectly, in any transaction relating to or involving any tangible asset, such as vessels, aircraft, real estate, ports, airports, and physical elements of digital and communication networks, as listed in Annex II.

2.   The list in Annex II shall include tangible assets which are:

(a) used in activities of a destabilising character that endanger or damage critical infrastructure, including submarine infrastructure, and that are attributable to or benefitting the Government of the Russian Federation;

(b) used in the context of activities of a destabilising character that violate Union, national, or international air, marine or land traffic regulations, and that are attributable to or benefitting the Government of the Russian Federation;

(c) used in activities of a destabilising character, including espionage and surveillance, the transport of weapons or military equipment and personnel, information manipulation and interference, and that are attributable to or benefitting the Government of the Russian Federation;

(d) owned, chartered or operated by natural or legal persons, entities or bodies listed in Annex I, or is otherwise used in the name of, on behalf of, in relation with, or for the benefit of, such persons.

3.   The prohibition in paragraph 1 shall not apply to transactions for reasons of maritime or aviation safety, or necessary for humanitarian purposes, or for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or on the environment, or as a response to natural disasters.

4.   The prohibition in paragraph 1 shall not apply to transactions resulting from the recognition or enforcement of a judgment or an arbitral award rendered in a Member State, or to transactions carried out for the purposes of an investigation into infringements of this Decision or of an investigation into other illicit activity.

5.   By way of derogation from paragraph 1, the competent authorities of a Member State may authorise transactions relating to or involving tangible assets listed in Annex II, under such conditions as they deem appropriate, after having determined, on a case by case basis, that the transaction is necessary for any purpose consistent with the objectives of this Decision.

The Member State concerned shall inform the other Member States and the Commission of any such authorisation granted within two weeks thereof.

Article 2b

1.   It shall be prohibited to engage, directly or indirectly, in any transaction with:

(a) a legal person, entity or body established outside the Union that is a credit or financial institution or an entity providing crypto assets services, involved in transactions that facilitate, directly or indirectly, activities referred to in Article 1(1) or Article 2(1) or otherwise supporting persons, entities or bodies engaged in activities referred to in Article 1(1) or Article 2(1); or;

(b) a legal person, entity or body providing technical or operational assistance to natural or legal persons, entities or bodies engaged in activities referred to Article 1(1) or Article 2(1), as listed in Annex III to this Decision.

2.   The prohibition in paragraph 1 shall not apply to transactions that are:

(a) necessary for the export, sale, supply, transfer or transport of pharmaceutical, medical, or agricultural and food products, including wheat and fertilisers;

(b) 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 transactions are consistent with the objectives of this Decision and those of Council Regulation (EU) 2024/2642 (*1); or

(c) necessary for 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.

Article 2c

1.   It shall be prohibited for operators to broadcast or to enable, facilitate or otherwise contribute to broadcasting, any content by the legal persons, entities or bodies listed in Annex IV, including through transmission or distribution by any means, such as cable, satellite, IP-TV, internet service providers, internet video-sharing platforms or applications, whether new or pre-installed.

2.   Any broadcasting licence or authorisation, transmission or distribution arrangement with the legal persons, entities or bodies listed in Annex IV shall be suspended.

3.   It shall be prohibited to advertise products or services in any content produced or broadcast by the legal persons, entities or bodies listed in Annex IV, including through transmission or distribution by any of the means referred to in paragraph 1 of this article.

2.   No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of natural or legal persons, entities or bodies listed in the Annex.

3.   By way of derogation from paragraphs 1 and 2, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources concerned are:

(a)necessary to satisfy the basic needs of the persons listed in the Annex and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

(b)intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;

(c)intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources;

(d)necessary for extraordinary expenses, provided that the competent authority has notified the competent authorities of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least 2 weeks prior to the authorisation;

(e)to be paid into or from an account of a diplomatic mission or consular post or an international organisation enjoying immunities in accordance with international law, insofar as such payments are intended to be used for official purposes of the diplomatic mission or consular post or international organisation;

(f)necessary for the functioning of diplomatic and consular representations of the Union and of the Member States or partner countries in Russia, including delegations, embassies and missions, or international organisations in Russia enjoying immunities in accordance with international law; or

(g)necessary for the provision of electronic communication services by Union telecommunication operators, and for the provision of associated facilities and services necessary for the operation, maintenance and security of such electronic communication services.

4.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 3 within 2 weeks of that authorisation.

5.   By way of derogation from paragraph 1, the competent authorities of the Member States may authorise the release of certain frozen funds or economic resources, provided that the following conditions are met:

(a)the funds or economic resources are the subject of an arbitral decision rendered prior to the date on which the person, entity or body referred to in paragraph 1 was listed in the Annex, or of a judicial or administrative decision rendered in the Union, or a judicial decision enforceable in the Member State concerned, prior to or after that date;

(b)the funds or economic resources will be used exclusively to satisfy claims secured by such a decision or recognised as valid in such a decision, within the limits set by applicable laws and regulations governing the rights of persons having such claims;

(c)the decision is not for the benefit of a natural or legal person, entity or body listed in the Annex; and

(d)recognition of the decision is not contrary to public policy in the Member State concerned.

6.   The Member State concerned shall inform the other Member States and the Commission of any authorisations granted under paragraph 5 within 2 weeks of that authorisation.

7.   Paragraph 1 shall not prevent a listed natural or legal person, entity or body from making a payment due under a contract entered into prior to the date on which such natural or legal person, entity or body was listed in the Annex, provided that the Member State concerned has determined that the payment is not, directly or indirectly, received by a natural or legal person, entity or body referred to in paragraph 1.

8.   Paragraph 2 shall not apply to the addition to frozen accounts of:

(a)interest or other earnings on those accounts;

(b)payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to the measures provided for in paragraphs 1 and 2; or

(c)payments due under judicial, administrative or arbitral decisions rendered in the Union or enforceable in the Member State concerned;

provided that any such interest, other earnings and payments remain subject to the measures provided for in paragraph 1.

Article 3

1.   Article 2(1) and (2) shall not apply to the provision, processing or payment of funds, other financial assets or economic resources or to the provision of goods and services which are necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs where such assistance and other activities are carried out by:

(a)the UN, including its programmes, funds and other entities and bodies, as well as its specialised agencies and related organisations;

(b)international organisations;

(c)humanitarian organisations having observer status with the UN General Assembly and members of those humanitarian organisations;

(d)bilaterally or multilaterally funded non-governmental organisations participating in UN Humanitarian Response Plans, UN Refugee Response Plans, other UN appeals or humanitarian clusters coordinated by the UN Office for the Coordination of Humanitarian Affairs;

(e)organisations and agencies to which the Union has granted the Humanitarian Partnership Certificate or which are certified or recognised by a Member State in accordance with national procedures;

(f)Member States’ specialised agencies; or

(g)employees, grantees, subsidiaries, or implementing partners of the entities referred to in points (a) to (f) while and to the extent that they are acting in those capacities.

2.   The exemption set out in paragraph 1 shall not apply to the natural or legal persons, entities or bodies identified with an asterisk in the Annex.

3.   Without prejudice to paragraph 1, and by way of derogation from Article 2(1) and (2), the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the provision of such funds or economic resources is necessary to ensure the timely delivery of humanitarian assistance or to support other activities that support basic human needs.

4.   In the absence of a negative decision, a request for information or a notification for additional time from the relevant competent authority within 5 working days of the date of receipt of a request for authorisation under paragraph 1, that authorisation shall be considered granted.

5.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this Article within 4 weeks of such authorisation.

Article 4

1.   The Council, acting by unanimity upon a proposal from a Member State or the High Representative of the Union for Foreign Affairs and Security Policy (the ‘High Representative’), shall decide to establish and amend the list in the Annex.

2.   The Council shall communicate a decision pursuant to paragraph 1, including the grounds for the listing, to the natural or legal person, entity or body concerned, either directly, if the address is known, or through the publication of a notice in the Official Journal of the European Union, providing such natural or legal person, entity or body with an opportunity to present observations.

3.   Where observations are submitted, or where substantial new evidence is presented, the Council shall review the decision pursuant to paragraph 1 and inform the natural or legal person, entity or body concerned accordingly.

Article 5

1.   The Annex shall include the grounds for listing the natural and legal persons, entities and bodies referred to in Articles 1 and 2.

2.   The Annex shall contain, where available, the information necessary to identify the natural or legal persons, entities or bodies concerned. With regard to natural persons, such information may include: names and aliases; date and place of birth; nationality; passport and identity card numbers; gender; address, if known; and function or profession. With regard to legal persons, entities or bodies, such information may include: names; place and date of registration; registration number; and place of business.

Article 6

1.   The Council and the High Representative may process personal data in order to carry out their tasks under this Decision, in particular:

(a)as regards the Council, for preparing and making amendments to the Annex;

(b)as regards the High Representative, for preparing amendments to the Annex.

2.   The Council and the High Representative may process, where applicable, relevant data relating to criminal offences committed by listed natural persons, to criminal convictions of such persons or to security measures concerning such persons, only to the extent that such processing is necessary for the preparation of the Annex.

3.   For the purposes of this Decision, the Council and the High Representative are designated as ‘controllers’ within the meaning of Article 3, point (8), of Regulation (EU) 2018/1725 of the European Parliament and of the Council (2), in order to ensure that the natural persons concerned can exercise their rights under that Regulation.

Article 7

1.   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, in particular a claim for extension or payment of a bond, guarantee or indemnity, in particular a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:

(a)natural or legal persons, entities or bodies listed in the Annex;

(b)any natural or legal person, entity or body acting through or on behalf of one of the natural or legal persons, entities or bodies referred to in point (a).

2.   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, group, entity or body seeking the enforcement of that claim.

3.   This Article is without prejudice to the right of the natural or legal persons, groups, 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 Decision.

Article 8

It shall be prohibited to participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions set out 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 9

In order to maximise the impact of the measures set out in this Decision, the Union shall encourage third States to adopt restrictive measures similar to those provided for in this Decision.

Article 10

This Decision shall apply until 9 October 2025.

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.

The exceptions referred to in Article 3, as regards Article 2(1) and (2), shall be reviewed at regular intervals and at least every 12 months or at the urgent request of any Member State, of the High Representative or of the Commission following a fundamental change in circumstances.

Article 11

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

Done at Luxembourg, 8 October 2024.

For the Council

The President

VARGA M.

Annex I - List of natural and legal persons, entities and bodies referred to in Articles 1(1) and 2(1)

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ANNEX II - List of tangible assets referred to in Article 2a

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ANNEX III - List of legal persons, entities and bodies referred to in Article 2b

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ANNEX IV - List of legal persons, entities and bodies referred to in Article 2c

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Initial Version

Amended  By