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Document 02014D0512-20220228
Council Decision 2014/512/CFSP of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine
Consolidated text: Council Decision 2014/512/CFSP of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine
Council Decision 2014/512/CFSP of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine
02014D0512 — EN — 28.02.2022 — 019.001
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COUNCIL DECISION 2014/512/CFSP of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (OJ L 229 31.7.2014, p. 13) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 271 |
54 |
12.9.2014 |
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L 349 |
58 |
5.12.2014 |
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L 157 |
50 |
23.6.2015 |
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L 257 |
42 |
2.10.2015 |
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L 334 |
22 |
22.12.2015 |
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L 178 |
21 |
2.7.2016 |
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L 345 |
65 |
20.12.2016 |
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L 166 |
35 |
29.6.2017 |
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L 316 |
20 |
1.12.2017 |
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L 343 |
77 |
22.12.2017 |
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L 172 |
3 |
9.7.2018 |
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L 331 |
224 |
28.12.2018 |
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L 175 |
38 |
28.6.2019 |
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L 330 |
71 |
20.12.2019 |
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L 207 |
37 |
30.6.2020 |
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L 430 |
26 |
18.12.2020 |
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L 247 |
99 |
13.7.2021 |
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L 9 |
43 |
14.1.2022 |
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L 42I |
95 |
23.2.2022 |
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L 48 |
1 |
25.2.2022 |
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L 57 |
4 |
28.2.2022 |
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COUNCIL DECISION 2014/512/CFSP
of 31 July 2014
concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine
Article 1
It shall be prohibited to directly or indirectly purchase, sell, provide investment services for or assistance in the issuance of, or any other dealing with bonds, equity, or similar financial instruments with a maturity exceeding 90 days, issued after 1 August 2014 to 12 September 2014, or with a maturity exceeding 30 days, issued after 12 September 2014 to 12 April 2022 or any transferable securities and money market instruments issued after 12 April 2022 by:
major credit institutions or finance development institutions established in Russia with over 50 % public ownership or control as of 1 August 2014, as listed in Annex I;
any legal person, entity or body established outside the Union owned for more than 50 % by an entity listed in Annex I; or
any legal person, entity or body acting on behalf, or at the direction, of an entity within the category referred to in point (b) of this paragraph or listed in Annex I.
It shall be prohibited to directly or indirectly, purchase, sell, provide investment services for or assistance in the issuance of, or otherwise deal with transferable securities and money-market instruments issued after 12 April 2022 by:
any major credit institution, or other institution with over 50 % public ownership or control as of 26 February 2022 or any other credit institution having a significant role in supporting the activities of Russia and its Government and of the Russian Central Bank and established in Russia, as listed in Annex V;
a legal person, entity or body established outside the Union whose proprietary rights are directly or indirectly owned for more than 50 % by an entity listed in Annex V; or
a legal person, entity or body acting on behalf or at the direction of an entity referred to in point (a) or (b) of this paragraph.
It shall be prohibited to directly or indirectly purchase, sell, provide investment services for or assistance in the issuance of, or otherwise deal with transferable securities and money-market instruments with a maturity exceeding 30 days, issued after 12 September 2014 to 12 April 2022 or any transferable securities and money market instruments issued after 12 April 2022 by:
a legal person, entity or body established in Russia, as listed in Annex II, predominantly engaged and with major activities in the conception, production, sales or export of military equipment or services, except legal persons, entities or bodies active in the space and nuclear energy sectors;
a legal person, entity or body established in Russia, which is publicly controlled or with over 50 % public ownership which have estimated total assets of over RUB 1 trillion and whose estimated revenues originate for at least 50 % from the sale or transportation of crude oil or petroleum products, as listed in Annex III;
a legal person, entity or body established outside the Union whose proprietary rights are directly or indirectly owned for more than 50 % by an entity listed in point (a) or (b) of this paragraph; or
a legal person, entity or body acting on behalf or at the direction of an entity referred to in point (a), (b) or (c) of this paragraph.
It shall be prohibited to directly or indirectly purchase, sell, provide investment services for or assistance in the issuance of, or otherwise deal with transferable securities and money-market instruments, issued after 12 April 2022 by:
a legal person, entity or body established in Russia, which is publicly controlled or with over 50 % public ownership and in which Russia, its Government or Central Bank has the right to participate in profits or with which Russia, its Government or Central Bank has other substantial economic relationships, as listed in Annex VI;
a legal person, entity or body established outside the Union whose proprietary rights are directly or indirectly owned for more than 50 % by an entity listed in Annex VI; or
a legal person, entity or body acting on behalf or at the direction of an entity referred to in point (a) or (b) of this paragraph.
It shall be prohibited to directly or indirectly make or be part of any arrangement to make:
new loans or credit with a maturity exceeding 30 days to any legal person, entity or body referred to in paragraph 1 or 3, after 12 September 2014 to 26 February 2022; or
any new loans or credit to any legal person, entity or body referred to in paragraph 1, 2, 3 or 4 after 26 February 2022.
The prohibition shall not apply to:
loans or credit that have a specific and documented objective to provide financing for non-prohibited imports or exports of goods and non-financial services between the Union and any third State, including the expenditure for goods and services from another third State that is necessary for executing the export or import contracts; or
loans that have a specific and documented objective to provide emergency funding to meet solvency and liquidity criteria for legal persons established in the Union, whose proprietary rights are owned for more than 50 % by any entity referred to in Annex I.
The prohibition in paragraph 6 shall not apply to drawdown or disbursements made under a contract concluded before 26 February 2022, provided that the following conditions are met:
all the terms and conditions of such drawdown or disbursements:
were agreed before 26 February 2022; and
have not been modified on or after that date; and
before 26 February 2022, a contractual maturity date has been fixed for the repayment in full of all funds made available and for the cancellation of all the commitments, rights and obligations under the contract; and
at the time of its conclusion the contract was not in breach of the prohibitions laid down in this Decision.
The terms and conditions of drawdowns and disbursements referred to in point (a) include provisions concerning the length of the repayment period for each drawdown or disbursement, the interest rate applied or the interest rate calculation method, and the maximum amount.
Article 1a
The direct or indirect purchase or sale of, the direct or indirect provision of investment services for or assistance in the issuance of, or any other dealing with transferable securities and money-market instruments issued after 9 March 2022 by:
Russia and its Government;
the Russian Central Bank; or,
a legal person, entity or body acting on behalf of, or at the direction of, the entity referred to in point (b),
shall be prohibited.
The prohibition in paragraph 2 shall not apply to drawdown or disbursements made under a contract concluded before 23 February 2022 provided that the following conditions are met:
all the terms and conditions of such drawdown or disbursements:
were agreed before 23 February 2022; and
have not been modified on or after that date; and
before 23 February 2022 a contractual maturity date has been fixed for the repayment in full of all funds made available and for the cancellation of all the commitments, rights and obligations under the contract.
The terms and conditions of drawdowns and disbursements referred to in point (a) include provisions concerning the length of the repayment period for each drawdown or disbursement, the interest rate applied or the interest rate calculation method, and the maximum amount.
Article 1b
By way of derogation from paragraph 1, the competent authorities may authorise the acceptance of such a deposit, under such conditions as they deem appropriate, after having determined that the acceptance of such a deposit is:
necessary to satisfy the basic needs of natural or legal persons, entities or bodies referred to in paragraph 1 and their dependent family members, including payments for food, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
intended exclusively for the payment of reasonable professional fees or the reimbursement of incurred expenses associated with the provision of legal services;
necessary for extraordinary expenses, provided that the relevant 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 two weeks prior to the authorisation; or
necessary for official purposes of a diplomatic mission or consular post or international organisation.
The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph within two weeks of the authorisation.
By way of derogation from paragraph 1, the competent authorities may authorise the acceptance of such a deposit, under such conditions as they deem appropriate, after having determined that the acceptance of such a deposit is:
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; or
necessary for civil society activities that directly promote democracy, human rights or the rule of law in Russia.
The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under this paragraph within two weeks of the authorisation.
Article 1c
Article 1d
Article 2
It shall be prohibited:
to provide technical assistance, brokering services or other services related to military activities and to the provision, manufacture, maintenance and use of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts therefor, directly or indirectly to any natural or legal person, entity or body in, or for use in Russia;
to provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance or guarantee, as well as insurance and reinsurance for any sale, supply, transfer or export of arms and related materiel, or for the provision of related technical assistance, brokering services or other services directly or indirectly to any person, entity or body in, or for use in Russia.
The prohibitions in paragraphs 1 and 3 shall not apply to:
the sale, supply, transfer or export and to the import, purchase or transport of hydrazine (CAS 302-01-2) in concentrations of 70 per cent or more;
the import, purchase or transport of unsymmetrical dimethyl hydrazine (CAS 57-14-7);
the sale, supply, transfer or export and to the import, purchase or transport of monomethyl hydrazine (CAS 60-34-4);
for use of launchers operated by European launch service providers, or for the use of launches of European space programmes, or for the fuelling of satellites by European satellites manufacturers.
The amount of any export of hydrazine shall be calculated in accordance with the launch or launches or the satellites for which it is made and shall not exceed a total quantity of 800 kg for each individual launch or satellite. The amount of any export of monomethyl hydrazine shall be calculated in accordance with the launch or launches or the satellites for which it is made.
The prohibitions in paragraphs 1 and 3 shall not apply to the sale, supply, transfer or export and to the import, purchase or transport of hydrazine (CAS 302-01-2) in concentrations of 70 % or more for the tests and flight of ExoMars descent module and for the flight of ExoMars carrier module in the framework of the ExoMars 2020 mission, under the following conditions:
the amount of hydrazine destined for the tests and flight of the ExoMars descent module in the framework of the ExoMars 2020 mission, calculated in accordance with the needs of each phase of that mission, is not to exceed a total of 5 000 kg for the entire duration of the mission;
the amount of hydrazine destined for the flight of the ExoMars carrier module in the framework of the ExoMars 2020 mission is not to exceed a total of 300 kg.
Article 3
It shall be prohibited:
to provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Russia or for use in Russia;
to provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any sale, supply, transfer or export of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in Russia, or for use in Russia.
Without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the prohibitions in paragraphs 1 and 2 shall not apply to the sale, supply, transfer or export of dual-use goods and technology or to the related provision of technical and financial assistance, for non-military use and for a non-military end user, intended for:
humanitarian purposes, 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;
medical or pharmaceutical purposes;
temporary export of items for use by news media;
software updates;
use as consumer communication devices;
ensuring cyber-security and information security for individuals and entities in Russia except for its government and undertakings directly or indirectly controlled by that government; or
personal use by natural persons travelling to Russia or members of their immediate families travelling with them, and limited to personal effects, household effects, vehicles or tools of trade owned by those individuals and not intended for sale.
With the exception of points (f) and (g)of this paragraph, the exporter shall declare in the customs declaration that the items are being exported under the relevant exception set out in this paragraph and shall notify the competent authority of the Member State where the exporter is resident or established of the first use of the relevant exception within 30 days from the date when the first export took place.
By way of derogation from paragraphs 1 and 2 of this Article, and without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the competent authorities may authorise the sale, supply, transfer or export of dual-use goods and technology or the provision of related technical or financial assistance, for non-military use and for a non-military end user, after having determined that such goods or technology or the related technical or financial assistance are:
intended for cooperation between the Union, the governments of Member States and the government of Russia in purely civilian matters;
intended for intergovernmental cooperation in space programmes;
intended for the operation, maintenance, fuel retreatment and safety of civil nuclear capabilities, as well as civil nuclear cooperation, in particular in the field of research and development;
intended for maritime safety;
intended for civilian telecommunications networks, including the provision of internet services;
intended for the exclusive use of entities owned, or solely or jointly controlled by a legal person, entity or body which is incorporated or constituted under the law of a Member State or of a partner country;
intended for the diplomatic representations of the Union, Member States and partner countries, including delegations, embassies and missions.
When deciding on requests for authorisations in accordance with paragraphs 4 and 5 of this Article, the competent authorities shall not grant an authorisation if they have reasonable grounds to believe that:
the end-user might be a military end-user, a natural or legal person, entity or body listed in Annex IV or that the goods might have a military end-use: or
the sale, supply, transfer or export of goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance is intended for aviation or space industry.
Article 3a
It shall be prohibited:
to provide technical assistance, brokering services or other services related to goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Russia, or for use in Russia;
to provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any sale, supply, transfer or export of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in Russia, or for use in Russia.
The prohibitions in paragraphs 1 and 2 shall not apply to the sale, supply, transfer or export of goods and technology referred to in paragraph 1 or to the related provision of technical and financial assistance, for non-military use and for a non-military end-user, intended for:
humanitarian purposes, 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;
medical or pharmaceutical purposes;
temporary export of items for use by news media;
software updates;
use as consumer communication devices;
ensuring cyber-security and information security for natural and legal persons, entities and bodies in Russia except for its government and undertakings directly or indirectly controlled by that government; or
personal use of natural persons travelling to Russia or members of their immediate families travelling with them, and limited to personal effects, household effects, vehicles or tools of trade owned by those individuals and not intended for sale.
With the exception of points (f) and (g) above, the exporter shall declare in the customs declaration that the items are being exported under the relevant exception set out in this paragraph and shall notify the competent authority of the Member State where the exporter is resident or established of the first use of the relevant exception within 30 days from the date when the first export took place.
By way of derogation from paragraphs 1 and 2, the competent authorities may authorise the sale, supply, transfer or export of goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance, for non-military use and for a non-military end-user, after having determined that such goods or technology or the related technical or financial assistance are:
intended for cooperation between the Union, the governments of Member States and the government of Russia in purely civilian matters;
intended for intergovernmental cooperation in space programmes;
intended for the operation, maintenance, fuel retreatment and safety of civil nuclear capabilities, as well as civil nuclear cooperation, in particular in the field of research and development;
intended for maritime safety;
intended for civilian telecommunications networks, including the provision of internet service;
intended for the exclusive use of entities owned, or solely or jointly controlled by a legal person, entity or body which is incorporated or constituted under the law of a Member State or of a partner country; or
intended for the diplomatic representations of the Union, Member States and partner countries, including delegations, embassies and missions.
When deciding on requests for authorisations referred to in paragraphs 4 and 5 of this Article, the competent authorities shall not grant an authorisation if they have reasonable grounds to believe that:
the end-user might be a military end-user, a natural or legal person, entity or body listed in Annex IV or that the goods might have a military end-use: or
the sale, supply, transfer or export of goods and technology referred to in paragraph 1 or the provision of related technical or financial assistance is intended for aviation or space industry.
Article 3b
With regard to the entities listed in Annex IV, by way of derogation from Articles 3 and 3a, and without prejudice to the authorisation requirements pursuant to Regulation (EU) 2021/821, the competent authorities of the Member States may only authorise the sale, supply, transfer or export of dual-use goods and technology and the goods and technology referred to in Article 3a, or the provision of related technical or financial assistance after having determined:
that such goods or technology or the related technical or financial assistance are necessary for 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
that such goods or technology or the related technical or financial assistance are due under contracts concluded before 26 February 2022, or ancillary contracts necessary for the execution of such a contract, provided that the authorisation is requested before 1 May 2022.
Article 4
The direct or indirect sale, supply, transfer or export of certain equipment suited to the following categories of exploration and production projects in Russia, including its Exclusive Economic Zone and Continental Shelf, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States, shall be subject to prior authorisation by the competent authority of the exporting Member State:
oil exploration and production in waters deeper than 150 metres;
oil exploration and production in the offshore area north of the Arctic Circle;
projects that have the potential to produce oil from resources located in shale formations by way of hydraulic fracturing; it does not apply to exploration and production through shale formations to locate or extract oil from non-shale reservoirs.
The Union shall take the necessary measures in order to determine the relevant items to be covered by this paragraph.
The provision of:
technical assistance or other services related to the equipment referred to in paragraph 1;
financing or financial assistance for any sale, supply, transfer or export of the equipment referred to in paragraph 1 or for the provision of related technical assistance or training;
shall also be subject to prior authorisation by the competent authority of the exporting Member State.
Article 4a
The direct or indirect provision of associated services necessary for the following categories of exploration and production projects in Russia, including its Exclusive Economic Zone and Continental Shelf, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States shall be prohibited:
oil exploration and production in waters deeper than 150 metres;
oil exploration and production in the offshore area north of the Arctic Circle;
projects that have the potential to produce oil from resources located in shale formations by way of hydraulic fracturing; it does not apply to exploration and production through shale formations to locate or extract oil from non-shale reservoirs.
Article 4b
The prohibition in paragraph 1 shall not apply to:
binding financing or financial assistance commitments established prior to 26 February 2022;
the provision of public financing or financial assistance up to the total value of EUR 10 000 000 per project to small and medium-sized enterprises established in the Union; or
the provision of public financing or financial assistance for trade in food, and for agricultural, medical or humanitarian purposes.
Article 4c
It shall be prohibited to:
provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Russia or for use in Russia;
provide financing or financial assistance related to the goods and technology referred to in paragraph 1 for any sale, supply, transfer or export of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any person, entity or body in Russia or for use in Russia.
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.
Article 4d
It shall be prohibited to:
provide technical assistance, brokering services or other services related to the goods and technology referred to in paragraph 1 and to the provision, manufacture, maintenance and use of those goods and technology, directly or indirectly to any natural or legal person, entity or body in Russia or for use in Russia;
provide financing or financial assistance related to goods and technology referred to in paragraph 1 for any sale, supply, transfer or export of those goods and technology, or for the provision of related technical assistance, brokering services or other services, directly or indirectly to any natural or legal person, entity or body in Russia or for use in Russia.
Article 4e
Article 4f
Article 5
In order to maximise the impact of the measures referred to in this Decision, the Union shall encourage third States to adopt restrictive measures similar to those provided for herein.
Article 6
Actions by natural or legal persons, entities or bodies shall not give rise to liability of any kind on their part, if they did not know, and had no reasonable cause to suspect, that their actions would infringe the measures set out in this Decision.
Article 7
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, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:
legal persons, entities or bodies listed in Annex I, II, III, IV, V or VI, or referred to in point (b) or (c) of Article 1(1), in point (b), or (c) of Article 1(2), in point (c), or (d) of Article 1(3), in point (b) or (c) of Article 1(4), or in point (a), (b) or (c) or Article 1a;
any other Russian person, entity or body; or
any person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in points (a) or (b) of this paragraph.
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 acting as a substitute for the natural or legal persons, entities or bodies subject to those prohibitions, or by acting to their benefit by using any of the exceptions provided for in this Decision.
Article 8a
Article 9
Article 10
This Decision shall enter into force on the date following that of its publication in the Official Journal of the European Union.
ANNEX I
List of legal persons, entities and bodies referred to in Article 1(1)(a)
SBERBANK
VTB BANK
GAZPROMBANK
VNESHECONOMBANK (VEB)
ROSSELKHOZBANK
ANNEX II
List of legal persons, entities and bodies referred to in Article 1(3)(a)
ANNEX III
List of legal persons, entities and bodies referred to in Article 1(3)(b)
ANNEX IV
List of legal persons, entities and bodies referred to in Articles 3(7), 3a(7), and 3b(1)
ANNEX V
List of legal persons, entities and bodies referred to in Article 1(2)(a)
ANNEX VI
List of legal persons, entities and bodies referred to in Article 1(4)(a)
ANNEX VII
List of partner countries referred to in Article 3(9)
THE UNITED STATES OF AMERICA
( 1 ) Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 (OJ L 257, 28.8.2014, p. 1).
( 2 ) Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast) (OJ L 206, 11.6.2021, p. 1).
( 3 ) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).