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FINANCIAL SANCTIONS - INVESTMENT IN DONETSK / LUHANSK

 

PROHIBITION

It shall be prohibited to:
(...) (b) acquire any new, or extend any existing participation in ownership or control of, entities in the specified territories, including the acquisition in full of such an entity or the acquisition of shares therein, and other securities of a participating nature of such an entity;
(c) grant or be part of any arrangement to grant any loan or credit or otherwise provide financing, including equity capital, to an entity in the specified territories, or for the documented purpose of financing such an entity;
(d) create any joint venture in the specified territories or with an entity in the specified territories;
(e) provide investment services directly related to the activities referred to in (...).

SERVICES CONCERNED

Acquisition of any new or extend any existing participation in ownership or control of an entity in Donetsk and Luhansk territories in Ukraine, including the acquisition in full of such entity or the acquisition of shares, and other securities of a participating nature of such entity;
Granting or being part of any arrangement to grant any loan or credit or otherwise provide financing, including equity capital, to an entity in Donetsk and Luhansk territories in Ukraine, or for the documented purpose of financing such entity;
(Creation of a joint venture in Donetsk and Luhansk territories in Ukraine or with an entity in Donetsk and Luhansk territories in Ukraine;
Provision of investment services directly related to the activities here above

EXCEPTIONS

The prohibitions and restrictions (...) shall not apply to the conduct of legitimate business with entities outside the specified territories, provided the related investments are not destined to entities in the specified territories.
The prohibitions (...) shall be without prejudice to the execution of an obligation arising from a contract concluded before 23 February 2022, or from ancillary contracts necessary for the execution of such a contract, provided that the competent authority has been informed at least five working days in advance.
The competent authorities may grant, under such terms and conditions as they deem appropriate, an authorisation in relation to the activities referred to in (…) provided that they are:
(a) necessary for official purposes of consular missions or international organisations enjoying immunities in accordance with international law located in the specified territories; or
(b) related to projects exclusively in support of hospitals or other public health institutions providing medical services or civilian education facilities located in the specified territories, or
(c) appliances or equipment for medical use.
The competent authorities may also grant, under such terms and conditions as they deem appropriate, an authorisation in relation to the activities referred to in (...), provided that the transaction is for the purpose of maintenance in order to ensure the safety of existing infrastructure.
The competent authorities may also grant, under such terms and conditions as they deem appropriate, an authorisation in relation to the activities referred to in (…), where (...) 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.

LICENCE MODALITIES, NOTIFICATION TO AUTHORITIES

The Commission and the Members States shall inform each other of the measures taken (...) and share any other relevant information at their disposal.

LEGAL SOURCE

Council Regulation (EU) 2022/263 of 23 February 2022 concerning restrictive measures in response to the recognition of the non-government controlled areas of the Donetsk and Luhansk oblasts of Ukraine and the ordering of Russian armed forces into those areas.Articles 3, 7
The EU Regulation is directly applicable in all EU Member States.
The EU Regulation is based on Council Decision (CFSP) 2022/266 of 23 February 2022 concerning restrictive measures in response to the recognition of the non-government controlled areas of the Donetsk and Luhansk oblasts of Ukraine and the ordering of Russian armed forces into those areas. Articles 5, 8